Step-by-Step
LEUP
The LEUP, or “Low Explosive Users Permit” appears to be a required item for high-powered rocketry enthusiasts for the foreseeable future. Some enthusiasts may find that cost, privacy concerns, and the general hassle are just not worth it. Other enthusiasts may simply take a wait and see approach, hoping that NAR litigation will rollback the new regulations.
Having recently acquired my LEUP, I was astonished at just how easy it was. This was especially so, since I could keep my magazine in a detached garage. The most difficult part was figuring out how to fill in the forms — and there were several sources of online info. After that it was only money (LEUP fee and purchase of a commercial storage magazine).
Note that a storage magazine is not necessary — upon approval from ATF, “contingency storage” allows an individual to arrange to have his explosive materials stored at the premises of another LEUP holder. BATFE information is that “approval is generally granted to an applicant so long as the magazine is located so it is readily accessible to all individuals utilizing the magazine and the applicant has written approval from the owner of the magazine.”
Of course, as the saying goes: “your mileage may vary.” But, for those with an interest, here’s how I did it:
1. Realize
that you need a LEUP. This
realization came once I read the latest rules from BATFE (Bureau of Alcohol,
Tobacco, Firearms and Explosives). The
bottom line is that anyone who wishes to continue to fly motors containing 62.5
grams of propellant will now need a LUEP — this means L1 and up. For more information see the information
BATFE published in the Federal Register at: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6862.pdf
Editorial — Take the time to read through this information in the Federal
Register. It becomes apparent that
BATFE regulation of rocket motors is not so much about the motors themselves,
but a back-door way to regulate high-powered rockets. Several times BATFE alludes to the dangers
of allowing individuals to assemble large rockets able to “serve as delivery
systems for explosive, chemical, or biological weapons.”
2. Gather information. The best source of information I could find is on our very own MASA web site. The article is entitled “An Overview of Regulations Regarding Rocket Motors” (http://www.mn-rocketry.net/masa/tech/Fedreg.pdf). Especially take note of the sections entitled “Getting a LEUP”, “State of Minnesota” and “City of Minneapolis” (if applicable).
3. Contact
Local Fire Marshal. If you have
decided that you would like to have your own storage magazine, you will need to
contact your local Fire Marshall. For most people, this will be an individual
in your city’s fire department. Be prepared
to give this individual some background on the changed regulatory environment,
since this will likely be the first time they have heard that hobby rocket
motors require a LEUP. If the local
Fire Marshall seems at all confused, suggest they contact the State Fire
Marshall’s office. In Minnesota there
aren’t any sort of distance requirements for storing less than 50 pounds in a
detached building.
If you’re like me and plan on keeping your magazine in a detached building,
there should not be a variance or any sort of permitting required at the local
level — so you might be inclined to just skip this step, but don’t since it’s
always good to make sure. If you plan
on keeping your magazine in an attached garage, then you will likely need to
obtain a variance from your city.
4. Fill
out the forms and send them in. The
“Application for Explosives License or Permit” can be found on the BATF web
site (http://www.atf.treas.gov/forms/pdfs/f540013.pdf). This form can be a bit intimidating at
first, since it’s set up for businesses and not individuals. There’s a great tutorial can be found at the
Tulsa Rocketry web site (http://www.tulsarocketry.org/LEUPTutorial.htm). You will need a “passport photo” which you
can obtain from several sources, including Kinkos. You will also need to visit your local police or sheriff to get
fingerprinted using the suggested FD-258 fingerprint card. Send in your completed application with the
$100 fee.
I’m under the impression that it’s at this point that most people rethink their
initial decision to get a LEUP, as the perceived invasion of privacy is just
too much for most. As an FFL holder I’m
already on the BATFE radar screen, so I wasn’t too concerned about this.
5. Obtain
a storage magazine. If you have
decided that you want to have your own storage magazine, you should make
provisions to obtain one. I purchased
of a commercial storage magazine from US Explosive Storage. Their “Type 4 Rocket Box 30” x 11.5” x 14.5”
is generally in stock and more than sufficient for most. Be prepared for sticker shock, it’s $228
plus shipping (see: http://www.usexplosive.com/product_p/ml801.htm). The company has larger sizes available as
well. I would also suggest you purchase
the “2 ATF Approved Locks Keyed Alike” option for $79.
I could have built the magazine, but I didn't have the time or the inclination
— though from the looks of it, they aren't all that difficult to build. If you build your own, take special note of
the locks and locking mechanism. BATFE
has recently proscribed an “upgrade” to these requirements, and information you
find on the web might not be up-to-date.
I also see that the required locks are now available at some of the
better hardware stores at around $25 to $30.
Whatever approach you take, make sure you can have your completed magazine
in you possession within several weeks of sending in your application. You will need it to complete the next step.
6. The
dreaded interview. A BATFE official
will call to set up your “interview”.
The official will bring along copies of BATFE Explosives
Regulations. These will be reviewed
with you and you’ll be expected to sign off on a “check-off sheet” when you’re
done — I guess they want to make sure that LEUP holders can’t claim ignorance
of the rules. Finally the official will
inspect and photograph your magazine.
I should note that there have been reports indicating that the garage itself
needs to be secured. For example: No
windows and several 5 tumbler padlocks on entry and main doors. My detached garage is constructed on a
concrete slab, with 2x4 construction, unfinished inside; no windows; a single
roll-up style door and dead-bolt style latch; and is secured by a cheap
combination lock as well as one heavy-duty padlock. It is tied into my house's alarm system (but given the prevalence
of really cheap and crummy alarms, I don't think this part was all that
important).
I can't say if my garage construction was important or not — however, it would
make sense that BATFE would want any windows and doors secured. What I can say is that the BATFE official
didn't seem all that concerned with the physical construction of the garage,
since he didn't ask any questions.
7. Your LEUP. If all goes well, you can receive your LEUP within a few weeks of the interview. Hooray!
8. Record Keeping. As you add materials to and remove materials from your magazine. And, you should always make sure that your records are up to date. Remember that should you let your license lapse, you will need to send your records into BATFE.
Simple, huh? Well, maybe not. But at least you can keep flying until the regulatory situation changes.