Advisory notes for collectors on the situation regarding ammunition and The Manufacture and Storage of Explosives Regulations 2005 (MSER), The Control of Explosives Regulations, 1991 (COER) and the Explosives Act, 1875, Section 23 Considerations in relation to ammunition collections The collecting of ammunition is recognised as a good reason for possession by those who can demonstrate they are bona fide collectors, or those with interests in research or an academic interest in the subject of the development etc of firearms and ordnance. Reference in the Home Office guidance to police [13.53] sets out that ammunition can be collected in its own right. Ammunition collections are authorised by a Firearms Certificate, however dependant upon the amounts and types of ammunition the collector wishes to acquire, other legal requirements may present themselves and these are not always either known to or appreciated by the collector. Firearms certificates issued for collections apply the Firearms Act definition of ammunition and there is provision for the collection including exhibits to which section 5 applies. This can include all sizes of ammunition and also those that have projectiles that are pyrotechnic (tracer), incendiary and high explosive. • The anticipation is that a greater number of collections are concerned with ammunition that can be described as small arms, in the main for firearms and shotguns. A lesser number have an encompassing interest in the wider areas of ammunition and large ordnance, including those articles that are grenades, missiles, bombs etc. • The additional regulatory areas have to be considered when items in the collection move outwith ammunition that is regarded as possessing ‘inert projectiles’, or it is in some of the categories under Section 5, e.g. containing noxious substances. In these cases other criteria needs to be addressed by the collector. None of the issues in this paper relate to situations where the collection consists of ammunition that is inert, empty or dummy or to items that are inert, empty or dummy ammunition that form part of a collection. The main area that arises is in the application of MSER. These regulations include provisions for all classified forms of explosives including all the recognised types of ammunition. Hazard Type (HT) in MSER creates both the appropriate licensing where that is applicable and also safety requirements. Ammunition as any other explosives will, according to its classification, be placed in a HT group that provides criteria that relates to its storage. There is a rough general matrix in Appendix A. Ammunition articles are ‘explosives’ classified under the UN system, which encompasses all that within the firearms act, but allocates it specifically to its hazard and will appear under a number of references upon that basis. The risk in storage presents the main concern and the cumulative effect that could occur in collections, where ammunition is not acquired for use and then replaced, but continues to add to the explosive mass. It also has to be considered in the reckoning of amounts where a person is both one who shoots and is also a collector. When looking at allocations of ‘shooting’ ammunition in a firearms certificate there is a relatively straight forward way to determine the amounts that could be kept by reference to the cartridge data. This allows both the regulator and the certificate holder to be confident that the allocation authorised would not exceed the limits for explosive to be kept without a licence or registration under MSER. It needs to be remembered that ammunition that would in firearms legislation be regarded as ammunition for firearms, may not co-relate when looking at the application for explosive storing under MSER. There have been and are still cartridges that would be considered as fitting within the ‘small arms’ criteria (by calibre or description), but for the fact that they possess explosive, incendiary or illuminating effects in their projectiles. Such ammunition was in use in certain military rifle and light/ medium automated firearms cartridges of many nations armed forces, for example .303, 7.92mm, .50” 7.62mm NATO. Particular reference is made in a cartridge identification publication that the 20mm rounds have explosives present in most that are not either ball or practice. All these present a legitimate cartridge when considering a collection. MSER As a yard stick, under these regulations certain explosive limits are set for any place where explosives, which includes all types of ammunition, are being stored in regard to – • The total of the explosive content in any small arms ammunition collected without being required to licence or register - The explosive content of any round of ammunition (a cartridge or shell) is determined by adding the weight of the propellant to that of the primer and any other explosive material contained. This provides the net mass of explosive (NEM) for explosive legislation purposes. In small arms ammunition with inert projectiles this will be the powder load plus the accepted average of a primer at .05gram (.8 grain). You may have, without a licence or registration to store under MSER, small arms ammunition with a total content not more than 15 kilograms nett explosive mass and in addition a further 5 kilograms, if you have no other explosives at your premises. This includes items such as fireworks or flares which may be seasonal acquisitions. • What ammunition is included as ‘small arms.’ MSER states that “small arms ammunition” within the regulations refers only to those cartridges classified as UN0012, - Cartridges for weapons, Inert projectile or cartridges, small arms; UN0014 - Cartridges for weapons blank, or cartridges, small arms; or UN0055 – Cases, cartridge, empty, with primer, that are intended exclusively for use in small arms. The missile in any cartridge must be of a type that is inert, usually described as ‘ball’. Cartridges with expanding missiles are also inert Under the UN system, the expression ‘small arms’ means a cartridge not exceeding 19.1mm calibre (approximately 10 bore or .79”) or shotgun cartridges of whatever bore. This ammunition will normally be seen as Hazard Type 4 for the purposes of safety in storage. The general rule is that once removed from their authorised packaging, the likelihood is that the Hazard represented will be increased. In certain large diameter or for long items, this can relate to palletising and banding, not therefore found in “packaging” as we would understand the word. In relation to ammunition for rifles and shotguns, the basic presumption is that it does not normally move from HT4. When in storage it is for the person storing to determine the hazard type if not readily identified by any packing. There is a need for the regulator to be satisfied that the Collector has taken steps to assess or have assessed the appropriate Hazard Type presented by any unpackaged ammunition and also that presented by any live explosive components of ammunition that are within the collection. Whilst the firearms legislation does not control the components of ammunition, explosive legislation does in these situations. There is no regulated process for declaring any article “free from explosive” (FFE). The duty lies with the person possessing. The situation where the ammunition is of other types. • When looking at ammunition that is not “small arms”, its propellant, whilst making up probably a bulk of a round, the amount of any other explosive, pyrotechnic or other explosive composition is the feature which brings the other safety considerations into play and these we believe collectors need to bear in mind. When looking at provisions for safe storage in MSER, there are a number of considerations that need to be addressed – (a) Where articles are stored in the same store, the total net explosive mass of all explosives in that store will be considered to be equal to the highest HT. For example if you add to a store of 15 kg of small arms ammunition, [HT4 not requiring separation up to 250 kg nem] a small arms cartridge with 2 grams of high explosive [HT1-2 separation distance required from 100 grams NEM], the store is considered to contain 15.002 kg of HT1. This can result in a separation distance requirement of considerable distance. (b) As collectors use buildings such as houses etc, if they are keeping combined HT cartridges in one place such as mentioned above, they are likely to be in breach of requirement to provide separation distance between store and occupied premises [Regulation 5] and possibly the duty to protect persons from fire and explosion [Regulation 4] dependant upon the HT allocated to the cartridges. (c) The collector is the duty holder under the regulations and despite what the condition on a firearms certificate states that person may possess, is responsible for compliance with the storage requirements. (d) The variance in propellant content within ammunition and any additional factors such as other pyrotechnic or explosive material possessed at the place of storage needs to reflect either the NEM being mapped by the collector or the collection is calculated so that where a number of rounds or types are in a collection, the quantity applied by the Firearms Certificate can accord with the limit that can be authorised without breaching MSER limits. • The need to hold either a licence or registration under the regulations where the collection exceeds the limit of that defined as small arms, or the ammunition being collected is of other types. Where collections are being gathered under a firearm certificate, unless that collection consists only of ammunition that may be kept under Regulation 10(2)(b) of MSER, there is likely to be need for that storage to be within the licensed or registered provisions of MSER As Chief Officers of Police are regulators of both the Firearms and Explosives legislation that bears upon collectors, there is a need to be transparent and inclusive in the approach to the collector and their application for a firearms certificate. It is necessary to have a process that allows appropriate advice to be given when the applicant is considering their collection to ensure both at the outset and as the collection develops, that due attention is being brought to bear on the aspects identified. As a means to address these issues it would seem logical that in the situation where collections are being considered – (a) The initial enquiry includes exchange of information between the enquiring officer and the applicant to try to establish the extent to which the collection is to develop that can allow the Firearms certificate to then be conditioned accordingly. (b) The certificate when issued is accompanied by a letter/note, which gives information regarding the possession and keeping of ammunition that may have requirements under MSER. (c) That where the enquiry or through subsequent notification it is established that that the collection either exceeds the unlicensed limits or is to contain ammunition subject to the licensing provisions of MSER • that application for the appropriate registration or licence is submitted. (Collections containing ammunition that is not subject to an explosive certificate will require to be licensed/ registered by the appropriate Local Authority) • that the requirements in regard to storage under MSER have been arranged and are being observed. COER Under these regulations, any ammunition regulated or prohibited by the firearms acts is not the subject of an explosive certificate to either acquire or keep. If however the collection includes those live components of ammunition such as fuses, filled shell heads etc, which are, as components of ammunition not regulated by the firearms acts and therefore outwith the provision of the exception, then an explosive certificate will be required. Home Office Guidance for Section 5(1A)(b) says that free fall bombs are not regarded as ammunition for the purposes of the Act and as a consequence, the items are subject to the requirement to have an explosive certificate in relation to any such articles. They can also not benefit from being able to be acquired under the collection condition of a firearms certificate. Under the UN classification system the term “bomb” refers to explosive articles dropped from aircraft. Where a licence or registration under MSER and explosive certificate under COER are required for the collector, then the two are subject to the appropriate fee(s) EXPLOSIVES ACT 1975 – Section 23 Where ammunition or those components of explosive, incendiary or pyrotechnic type that attracts a need to be licensed or registered, that brings into consideration their secure storage when included in a collection. There is need to ensure that the security criteria for such items is seen as fulfilling both that which would be expected by the Firearms legislation and the duty under Section 23. This balance is important to provide consistency on the application of appropriate secure and safe storage and to prevent a dual view of the same item when considering for either set of legislative requirement. The outcome of the recommendations on secure storage needs to have an adequate and proportional application to the collected items that takes account of not just the volume but also the practicalities of what the security entails. It is seen that a ‘one size fits all’ may not be suited to collectables in this field. A look into those items that are formed into collections may best inform views on what will be appropriate in each case. For information a list of Explosives classification under the UN system, edited to items of ammunition and components is at Appendix B Anthony J Slate AIExpE Martyn Kaye MIExpE, AISEE for ACPO FELWG – Explosive issues Issue 1 - March, 2013 Appendix A Under the UN classification explosives are classified as packaged and this transposed in the main to MSER Hazard Types (HT). The table below sets out considerations that need to be addressed when looking at ammunition collections. The types listed are not all encompassing. Type of ammunition Expected Hazard Type Separation Distance applies from MSER licence or registration Ammunition with inert projectiles fitting small arms criteria in MSER and the quantity is within the limits in 10(2)(b) or Exception Order 1-2012 Ammunition with inert projectiles fitting small arms criteria in MSER and the quantity is more than the limits in 10(2)(b) or Exception Order 1-2012 Ammunition with incendiary projectiles in small arms calibres Ammunition with explosive projectiles in small arms calibre Ammunition with incendiary projectiles, not small arms Ammunition with explosive projectiles, not small arms Ammunition, explosive shell heads Ammunition components containing explosives, e.g. artillery fuses Grenades, rockets, missiles and other bombs that are ammunition for the purposes of the Firearms Act HT 4 250 kg NEM No HT 4 250 kg NEM Yes HT3 25 kg NEM Yes HT1 - HT2 HT2 to HT3 HT1 - HT2 HT1 HT1 to HT3 100 grams NEM 100 grams – 25 Kgs NEM 100 grams NEM 100 grams NEM 100 grams (HT1 & 2) – 25 Kgs (HT3) NEM Yes Yes Yes Yes Yes Ht1 to HT3` 100 grams (HT1 & 2) – 25 Kgs (HT3) NEM Yes Appendix B UN LIST – Items which are, or can be representative of ammunition components UN Numbers and descriptions (Items in italics are Schedule 1 or otherwise exempt explosive certificate). The Firearms Act does not include within the meaning of ammunition generally any of the components required to make the ammunition, save in the case of certain items contained in Section 5 of the 1968 Firearms Act, as amended. There is by this, no authority to possess such components by virtue of having a Firearms Certificate conditioned to allow the collecting of ammunition. Possession of any explosive component outwith the Firearms Act is subject to any appropriate requirements in Explosives legislation. In relation to the term ‘Bomb’ the UN system uses that term only for articles that are released from aircraft and the term ammunition defined under the Firearms Acts does not include free fall bombs [Home office Guidance to Police]. The UN references to Bombs have therefore been omitted from the list as they appear to be not within the requirements for ammunition regulated or prohibited by the Firearms Act. The UN Hazard Division (HD) / MSER Hazard Type (HT), is assigned and applicable when the explosive is in its authorised package. Please note the below list does not include any ammunition – • that has been classified under the various N.O.S designations, that is those articles that are found in UN 0349 to 0356 and 0462 to 0472. – That is due to the large array of explosive that are contained under these ‘Not Otherwise Specified’ classifications. • that is classified under “Articles, pyrotechnic, for technical purposes” found in UN0428 to 0432. This is due to the variety of articles that can fall under this classification. that is for military purposes and has been classified by the Explosives Storage & Transport Committee, MoD (ESTC) and may not have an immediate UN equivalent. Martyn Kay is FELWG single point of contact with MoD CI Exp compliance for queries regarding articles with ESTC classification. • UN No 0005 0006 0007 0009 0010 0012 0014 0015 0016 0018 0019 0020 0021 0044 0049 0050 0054 0055 0056 0073 0092 0093 Generic description Cartridges for weapons, with bursting charge Cartridges for weapons, with bursting charge Cartridges for weapons, with bursting charge Ammunition, Incendiary, with or without burster, expelling charge or propelling charge Ammunition, Incendiary, with or without burster, expelling charge or propelling charge Cartridges for weapons, Inert projectile or cartridges, small arms Cartridges for weapons, blank or cartridges, small arms, blank Ammunition, Smoke, with or without burster, expelling charge or propelling charge Ammunition, Smoke, with or without burster, expelling charge or propelling charge Ammunition, Tear-producing with burster, expelling charge or propelling charge Ammunition, Tear-producing with burster, expelling charge or propelling charge Ammunition, Toxic with burster, expelling charge or propelling charge Ammunition, Toxic with burster, expelling charge or propelling charge Primers, cap type Cartridges, flash Cartridges, flash Cartridges, signal Cases, Cartridge, empty, with primer Charges, depth Detonators for ammunition Flares, Surface Flares, aerial HD / HT 1.1F / 1 1.1E / 1 1.2F / 2 1.2G / 2 1.3G / 3 1.4S / 4 1.4S / 4 1.2G / 2 1.3G / 3 1.2G / 2 1.3G / 3 1.2K / 2 * 1.3K / 3 * 1.4S / 4 1.1G / 1 1.3G / 3 1.3G / 3 1.4S / 4 1.1D / 1 1.1B / 1 1.3G / 3 1.3G / 3 0101 0105 0106 0107 0110 0136 0137 0138 0160 0161 0167 0168 0169 0171 0180 0181 0182 0183 0196 0197 0212 0221 0238 0240 0242 0243 Fuse, Instantaneous, Non-detonating (Quickmatch) Fuse, Safety Fuzes, Detonating Fuzes, Detonating Grenades, Practice, hand or rifle Mines with bursting charge Mines with bursting charge Mines with bursting charge Powder, smokeless Powder, smokeless Projectiles, with bursting charge Projectiles, with bursting charge Projectiles, with bursting charge Ammunition, Illuminating, with or without burster, expelling charge or propelling charge Rockets, with bursting charge Rockets, with bursting charge Rockets, with bursting charge Rockets with inert head Signals, smoke Signals, smoke Tracers for ammunition Warheads, Torpedo, with bursting charge Rockets, line-throwing Rockets, line-throwing Charges, propelling, for cannon Ammunition, Incendiary, White phosphorous with burster, expelling charge or propelling charge Ammunition, Incendiary, White phosphorous with burster, expelling charge or propelling charge Ammunition, Smoke, White phosphorous with burster, expelling charge or propelling charge Ammunition, Smoke, White phosphorous with burster, expelling charge or propelling charge Ammunition, Incendiary, liquid or gel, with burster, expelling charge or propelling charge Ammunition, Illuminating with or without burster, expelling charge or propelling charge Charges, propelling Charges, propelling Charges, Propelling, for cannon Rocket Motors Rocket Motors Grenades, hand or rifle, with bursting charge Grenades, hand or rifle, with bursting charge Warheads, Rocket, with bursting charge Warheads, Rocket, with bursting charge Bombs, with bursting charge Grenades, hand or rifle, with bursting charge Grenades, hand or rifle, with bursting charge Mines, with bursting charge Rockets, with bursting charge 0244 0245 0246 0247 0254 0271 0272 0279 0280 0281 0284 0285 0286 0287 0291 0292 0293 0294 0295 1.3G / 1 1.4S / 4 1.1B / 1 1.2B / 2 1.4S / 4 1.1F / 1 1.1D / 1 1.2D / 2 1.1C / 1 1.3C / 3 1.1F / 1 1.1D / 1 1.2D / 2 1.2G / 2 1.1F / 1 1.1E / 1 1.2E / 1 1.3C / 3 1.1G / 3 1.4G / 4 1.3G / 3 1.1D / 1 1.2G / 2 1.3G / 3 1.3C / 3 1.2H / 2 1.3H / 3 1.2H / 2 1.3H / 3 1.3J / 3 1.3G / 3 1.1C / 1 1.3C / 3 1.1C / 1 1.1C / 1 1.1C / 1 1.1D / 1 1.2D / 2 1.1D / 1 1.2D / 2 1.2F / 2 1.1F / 1 1.2F / 2 1.2F / 2 1.2F / 2 0297 0299 0300 0301 Ammunition, Illuminating, with or without burster, expelling charge or propelling charge Bombs, photo-flash Ammunition, Incendiary, with or without burster, expelling charge or propelling charge Ammunition, tear-producing, with or without burster, expelling charge or propelling charge Ammunition, Smoke, with or without burster, expelling charge or propelling charge Tracers for ammunition Cartridges, signal Grenades, practice, hand or rifle Primers, tubular Primers, tubular Cartridges for weapons, with bursting charge Projectiles, with bursting charge Cartridges for weapons, blank Cartridges for weapons, blank or Cartridges, Small arms, blank Cartridges for weapons, inert projectile 0303 0306 0312 0318 0319 0320 0321 0324 0326 0327 0328 0329 0330 0338 0339 0344 0345 0346 0347 0348 0362 0363 0364 0365 0366 0367 0368 0369 0370 0371 0372 0376 0377 0378 0379 0395 0396 0397 0398 0399 0400 0403 0404 0405 Torpedoes with bursting charge Torpedoes with bursting charge Cartridges for weapons, blank or Cartridges, Small arms, blank Cartridges for weapons, inert projectile or Cartridges, Small arms Projectiles, with bursting charge Projectiles, Inert, with tracer Projectiles with burster or expelling charge Projectiles with burster or expelling charge Cartridges for weapons, with bursting charge Ammunition, Practice Ammunition, Proof Detonators for ammunition Detonators for ammunition Detonators for ammunition Fuzes, Detonating Fuzes, igniting Warheads, Rocket, with bursting charge Warheads, Rocket, with burster or expelling charge Warheads, Rocket, with burster or expelling charge Grenades, Practice, hand or rifle Primers, Tubular Primers, Cap type Primers, Cap type Cases, Cartridge, empty, with primer Rocket motors, liquid fuelled Rocket motors, liquid fuelled Rockets, liquid fuelled, with bursting charge Rockets, liquid fuelled, with bursting charge Bombs with flammable liquid, with bursting charge Bombs with flammable liquid, with bursting charge Flares, aerial Flares, aerial Cartridges, signal 1.4G / 4 1.3G / 3 1.4G / 4 1.4G / 4 1.4G / 4 1.4G / 1 1.4G / 4 1.3G / 1 1.3G / 3 1.4G / 4 1.2E / 2 1.2F / 2 1.1C / 1 1.3C / 3 1.2C / 2 1.1E / 1 1.1F / 1 1.4C / 4 1.4C / 4 1.4D / 4 1.4S / 4 1.2D / 2 1.4D / 4 1.4F / 4 1.4G / 4 1.4G / 4 1.2B / 2 1.4B / 4 1.4S / 4 1.4S / 4 1.4S / 4 1.1F / 1 1.4D / 4 1.4F / 4 1.2G / 2 1.4S / 4 1.1B / 1 1.4B / 4 1.4C / 4 1.2J / 2 1.3J / 3 1.1J / 1 1.2J / 2 1.1J / 1 1.2J / 2 1.4G / 4 1.4S / 4 1.4S / 4 0408 0409 0410 0412 0413 0414 0415 0417 0424 0425 0426 0427 0434 0435 0436 0437 0438 0446 0447 0449 0450 0451 0452 0453 0488 0491 0498 0499 0501 0502 Fuzes, detonating with protective features Fuzes, detonating with protective features Fuzes, detonating with protective features Cartridges for weapons, with bursting charge Cartridges for weapons, blank Charges, propelling, for cannon Charges, propelling Cartridges for weapons, inert projectile, or cartridges, small arms Projectiles, inert with tracer Projectiles, inert with tracer Projectiles, with burster or expelling charge Projectiles, with burster or expelling charge Projectiles, with burster or expelling charge Projectiles, with burster or expelling charge Rockets, with expelling charge Rockets, with expelling charge Rockets, with expelling charge Cases, combustible, empty, without primer Cases, combustible, empty, without primer Torpedoes, liquid fuelled, with or without bursting charge Torpedoes, liquid fuelled, with inert head Torpedoes, with bursting charge Grenades, practice, hand or rifle Rockets, line-throwing Ammunition, practice Charges, propelling Propellant, solid Propellant, solid Propellant, solid Rocket, with inert head In relation to the Hazard Divisions (HD) quoted for the above explosives, certain comparability groups attached to the articles are worth noting for their associated characteristics – E Article containing a secondary detonating explosive substance, without means of initiation and with a propelling charge (other than a charge containing a flammable or hypergolic liquid) Article containing a secondary detonating explosive substance, with means of initiation, and either with a propelling charge (other than a charge containing a flammable or hypergolic liquid) or without a propelling charge A substance which is an explosive substance because it is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of not-detonative self-sustaining exothermic chemical reactions or an article containing such a substance or an article containing both a substance which is explosive because it is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings and an illuminating, incendiary, lachrymatory or smoke-producing substance (other than a water-activated article or one containing white phosphorus, phosphide or a flammable liquid or gel) Article containing both an explosive substance and white phosphorus Article containing both an explosive substance and a flammable liquid or gel Article containing both an explosive substance and a toxic chemical agent - * Carriage is prohibited F 1.1D / 1 1.2D / 1 1.4D / 4 1.4E / 4 1.2C / 2 1.2C / 2 1.2C / 2 1.3C / 3 1.3G / 3 1.4G / 4 1.2F / 2 1.4F / 4 1.2G / 2 1.4G / 4 1.2C / 2 1.3C / 3 1.4C / 4 1.4C / 4 1.3C / 3 1.1J / 1 1.3J / 3 1.1D / 1 1.4G / 4 1.4G / 4 1.3G / 3 1.4C / 4 1.1C / 1 1.3C / 3 1.4C / 4 1.2C / 2 G H J K Primary source: UN Carriage of Dangerous Goods |