The Bureau of Alcohol, Tobacco, Firearms and Explosives have recently decided to re-classify parachute flares and 40mm chalk rounds as explosives and begun the confiscation process. Those in the gun industry feel this ruling could soon be expanded to include all ammunition bigger than ½ inch in diameter.
Many have recently reported being contacted by ATF to turn in any recently purchased flare rounds. Some of these inidivduals have gun trusts and others just own then individually. Previously, these rounds had been classified by the ATF as non-explosives, but the bureau has recently had a change of heart that coincides with the other recent declassifications. (Does this sound familiar?)
When questioned about these declassifications, ATF has responded the change was made because the 40mm rounds in question are not “small arms” ammunition, and have thus been classified as “low explosives.” In one response letter, the ATF stated that “devices or articles that contain small arms ammunition or components thereof, but are not small arms ammunition by themselves, are regulated explosives,” and thus are not exempt from the provisions in 27 CFR, Part 555. This language suggests firearms registered as a “destructive device” may also be given a similar classification by the ATF.
So the next questions is what should you do when the ATF asks you to surrender these firearms? Continue reading