13.11: Small Arms Ammunition and Primers, Smokeless Propellants, and Black Powder
(1) Basic Requirements.
(a) 527 CMR 13.11 shall apply to the transportation and storage of small arms ammunition, primers and components, smokeless propellants and black powder.
(b) In addition to all other applicable requirements of 527 CMR 13.00, intrastate transporta-tion of small arms ammunition, small arms primers, smokeless propellants, and black powder shall comply with U.S. Department of Transportation Hazardous Materials Regulations.
(c) 527 CMR 13.11 shall apply to the channels of distribution of and to the users of small arms ammunition, small arms primers, smokeless propellants, and black powder.
(d) 527 CMR 13.11 shall not apply to in-process storage and interplant transportation during manufacture.
(2) Small Arms Ammunition.
(a) No restrictions shall be imposed on the interstate transportation of small arms ammuni-tion other than those imposed by the U.S. Department of Transportation or by other hazardous materials regulations.
(b) Quantity limitations may be imposed by the head of the local fire department on the storage of small arms ammunition in warehouses, retail stores, and other occupancies by the limitations of the storage facility and by 527 CMR 13.00.
(c) Small arms ammunition shall be separated from materials classified by the U.S. Depart-ment of Transportation as flammable or combustible liquids, flammable solids, and oxidizing materials by a distance of 15 feet or by a fire partition having a fire resistance of at least one hour.
(d) Small arms ammunition shall not be stored together with explosives unless the storage facility is suitable for the storage of explosives.
(e) Small arms ammunition that has been exposed to fire or damaged by exposure to water shall not be returned to commercial channels for reasons of consumer safety. The manufacturer shall be contacted to obtain recommendations for disposal of damaged ammunition.
(3) Small Arms Ammunition Primers.
(a) Small arms ammunition primers shall be transported, kept, or stored in containers approved by the U.S. Department of Transportation.
(b) Transportation of small arms ammunition primers shall comply with U.S. Department of Transportation Regulations.
(c) No more than 5,000 small arms ammunition primers shall be transported in a private vehicle.
(d) No more than 5,000 small arms primers shall be stored in residences.
(e) No more than 10,000 small arms primers shall be placed on display in commercial establishments.
(f) Commercial stocks of small arms primers shall be stored as follows:
1. Quantities not exceeding 750,000 may be stored in a building if not more than 100,000 are stored in any one pile and piles are at least 15 feet apart.
2. Quantities exceeding 750,000 may be stored in a building if the following conditions are met:
a. The warehouse or storage room shall not be accessible to unauthorized personnel.
b. Primers shall be stored in cabinets. No more than 200,000 primers shall be stored in any one cabinet.
c. Shelves in cabinets shall have vertical separation of at least two feet.
d. Cabinets shall be located against walls of the warehouse or storage room with at least 40 feet between cabinets.
e. Separation between cabinets may be reduced to 20 feet if barricades twice the height of the cabinets are attached to the wall midway between each cabinet. The barricades shall extend at least ten feet outward, shall be firmly attached to the wall, and shall be constructed of ¼-inch boiler plate, two-inch thick wood, brick, or concrete block.
f. Primers shall be separated from materials classified by the U.S. Department of Transportation as flammable liquids, flammable solids, and oxidizing materials by a distance of 25 feet or by a fire partition having a fire resistance of at least one hour.
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g. The building shall be protected by an automatic sprinkler system installed according to 780 CMR, the Massachusetts Building Code and NFPA 13, Standard for the Installation of Sprinkler Systems.
(g) Small arms primers not stored according to 527 CMR 13.11(3)(a) or (b) shall be stored in a Type 4 magazine constructed and located according to 527 CMR 13.00.
(4) Smokeless Propellants.
(a) Transportation of smokeless propellants not exceeding 25 lbs in a private vehicle, shall be transported in shipping containers approved by the U.S. Department of Transportation.
(b) Transportation of quantities of smokeless propellants exceeding 25 lbs but not exceed-ing 48 lbs, in a private vehicle, shall be transported in a portable magazine having wood walls of at least one inch nominal thickness, and permitted by the Marshal in accordance with 527 CMR 13.04(6).
(c) Transportation of more than 48 lbs. of smokeless propellants in a private vehicle is prohibited.
(e) Smokeless propellants shall be stored in original shipping containers specified by U.S. Department of Transportation Hazardous Materials Regulations.
(f) Smokeless propellants intended for private use in quantities not exceeding 48 lbs stored in residences shall be kept in the original manufacturers container or in a wooden box or cabinet having wooden walls of at least one-inch nominal thickness. All smokeless propellants stored in private residences shall be stored in the original containers; such containers shall be secured in a locked cabinet, closet, or box when not in use.
(g) Smokeless propellants intended for sale in quantities not exceeding 25 lbs, stored in original manufacturers containers of one lbs maximum capacity, may be displayed in commercial establishments without a permit from the head of the local fire department.
(h) Commercial stocks of smokeless propellants shall be stored as follows:
1. Quantities exceeding 25 lbs, but not exceeding 100 lbs, shall be stored in portable wooden boxes having walls of at least one-inch thickness.
Smokeless propellants of 100 pounds or less kept for sale in a building or structure shall be stored in a box or cabinet with wooden walls at least one inch thick. The box or cabinet shall be plainly marked "GUNPOWDER" and shall be kept locked at all times except when necessary to gain access and shall be located on the first floor of the building or structure and shall not be more than ten feet from an exit door.
2. Quantities exceeding 100 lbs, but not exceeding 800 lbs, shall be stored in original manufacturers containers in non portable storage cabinets having walls of at least one inches thickness. Not more than 400 lbs may be stored in any one cabinet, and cabinets shall be separated by a distance of an least 25 feet or by a fire partition having a fire resistance of at least one hour.
3. Quantities exceeding 800 lbs, but not exceeding 5,000 lbs, may be stored in a building if the following requirements are met:
a. The warehouse or storage room shall not be accessible to unauthorized personnel.
b. Smokeless propellant shall be stored in non portable storage cabinets having wood walls at least one inch thick and having shelves with no more than three feet separation between shelves.
c. No more than 400 lbs shall be stored in any one cabinet.
d. Cabinets shall be located against walls of the storage room or warehouse with at least 40 feet between cabinets.
e. Separation between cabinets may be reduced to 20 feet if barricades twice the height of the cabinets are attached to the wall, midway between each cabinet. The barricades shall extend at least ten feet outward, shall be firmly attached to the wall, and shall be constructed of ¼ inch boiler plate, two inches thick wood, brick, or concrete block.
f. Smokeless propellant shall be separated from materials classified by the U.S. Department of Transportation as flammable liquids, flammable solids, and oxidizing materials by a distance of 25 feet or by a fire partition having a fire resistance of at least one hour.
g. The building shall be protected by an automatic sprinkler system installed according to 780 CMR, the Massachusetts State Building Code and NFPA 13, Standard for the Installation of Sprinkler Systems.
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(i) Smokeless propellants not stored according to 527 CMR 13.11(1), (2), and (3) shall be stored in a type 4 magazine constructed and located according to 527 CMR 13.00.