Is Tannerite Legal in Colorado? Understanding the Laws and Regulations

The question of whether Tannerite is legal in Colorado is a common one, especially among shooting enthusiasts and those involved in recreational shooting activities. Tannerite, a brand of binary explosive targets, is popular for its use in creating loud, visible explosions when shot with a high-velocity firearm. However, the legality of such materials varies from state to state, and sometimes even within specific jurisdictions. This article delves into the legal status of Tannerite in Colorado, providing a comprehensive overview of the laws, regulations, and potential implications for its use.

What is Tannerite?

Tannerite is a patented binary explosive target, primarily composed of ammonium nitrate and aluminum powder. These two components are relatively inert when separate, but when mixed and subjected to a high-velocity impact, they detonate, producing a loud bang and a cloud of vapor. This makes Tannerite a popular choice for recreational shooting, hunting practice, and even certain types of demolition work.

Federal Regulations on Explosives

At the federal level, Tannerite is generally not classified as an explosive until its components are mixed. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulates explosives under the National Firearms Act (NFA) and other federal laws. Since the individual components of Tannerite are not considered explosives, they can be purchased and transported without federal permits or licenses. However, once the components are mixed, the resulting mixture is considered an explosive and falls under ATF regulations. This means that using Tannerite for purposes other than its intended recreational use, such as demolition without proper permits, could lead to federal charges.

Colorado State Laws on Explosives

In Colorado, the legal landscape surrounding explosives, including Tannerite, is governed by state statutes. Colorado Revised Statutes (CRS) address the possession, use, and transportation of explosives. It’s crucial to understand these laws to ensure compliance and avoid legal repercussions. While Tannerite itself may not be explicitly mentioned in some statutes, the general regulations concerning explosives apply.

Relevant Colorado Statutes

• CRS 18-12-109: This statute addresses the unlawful use of explosives or incendiary devices. It states that a person commits a class 4 felony if they knowingly possess, control, or use an explosive or incendiary device with the intent to cause damage to property or injury to a person. While this statute doesn’t specifically mention Tannerite, its broad language can apply if Tannerite is used in a manner that causes damage or injury.
• CRS 18-12-109.5: This statute pertains to the illegal use of explosives and prohibits the use of explosives to commit a crime or with the intent to terrorize or intimidate another person. Again, misuse of Tannerite could potentially fall under this statute.

Is Tannerite Legal to Purchase in Colorado?

Purchasing Tannerite in Colorado is generally legal, provided that the individual components are kept separate until the point of intended use. Retailers that sell Tannerite are not required to conduct background checks or maintain records of sale, as the individual components are not classified as explosives. However, it’s essential to purchase Tannerite from reputable dealers to ensure the product meets safety standards and comes with proper handling instructions.

Legal Use of Tannerite in Colorado

The legal use of Tannerite in Colorado hinges on adhering to the manufacturer’s instructions and ensuring that its use does not violate any state or local laws. Here are some guidelines for the legal and safe use of Tannerite:

• Follow Manufacturer’s Instructions: Always adhere to the instructions provided by Tannerite‘s manufacturer. These instructions outline the proper mixing ratios, safe distances, and recommended firearms for detonation.
• Use in a Safe and Legal Location: Ensure that the location where you plan to use Tannerite allows for recreational shooting and does not have any restrictions on explosive targets. Public lands managed by the Bureau of Land Management (BLM) or the U.S. Forest Service often have specific regulations regarding the use of explosives.
• Maintain a Safe Distance: Keep a safe distance from the target during detonation. The manufacturer’s instructions will specify the minimum safe distance, which is crucial for preventing injury from shrapnel or the shockwave.
• Avoid Causing Damage or Injury: Ensure that the use of Tannerite does not cause damage to property or injury to people or animals. Consider the surrounding environment and take precautions to prevent unintended consequences.
• Comply with Noise Ordinances: Be mindful of local noise ordinances, as the detonation of Tannerite can be quite loud. Avoid using Tannerite in areas where it could disturb residents or violate noise restrictions.

Potential Risks and Liabilities

Despite its recreational appeal, Tannerite poses potential risks and liabilities if not handled properly. Users must be aware of these risks to ensure their safety and the safety of others:

• Accidental Detonation: Improper mixing or handling of Tannerite can lead to accidental detonation, causing serious injury or property damage.
• Wildfires: The detonation of Tannerite can ignite dry vegetation, leading to wildfires, especially in arid environments. Colorado has a history of devastating wildfires, and any activity that could potentially spark a fire must be approached with extreme caution. [See also: Colorado Wildfire Prevention Tips]
• Shrapnel Injuries: The explosion of Tannerite can send shrapnel flying at high speeds, posing a risk of injury to anyone nearby. Always wear appropriate safety gear, such as eye and ear protection, and maintain a safe distance.
• Legal Liabilities: If the use of Tannerite causes damage or injury, the user may be held liable for damages in a civil lawsuit. It’s essential to have adequate insurance coverage to protect against potential liabilities.

Recent Incidents and Legal Cases

Several incidents involving the misuse of Tannerite have led to legal cases in Colorado and other states. These cases often involve charges related to property damage, personal injury, or violations of explosives regulations. For example, individuals who have used Tannerite to destroy property or cause harm have faced criminal charges and civil lawsuits. These cases underscore the importance of using Tannerite responsibly and in compliance with all applicable laws.

Best Practices for Using Tannerite Safely and Legally

To ensure the safe and legal use of Tannerite in Colorado, consider the following best practices:

1. Educate Yourself: Familiarize yourself with all applicable federal, state, and local laws regarding explosives and recreational shooting.
2. Follow Manufacturer’s Guidelines: Always adhere to the manufacturer’s instructions for mixing, handling, and detonating Tannerite.
3. Choose a Safe Location: Select a location that is legal and safe for recreational shooting, away from populated areas, flammable materials, and other hazards.
4. Use Proper Safety Gear: Wear appropriate safety gear, including eye and ear protection, to prevent injury from shrapnel and noise.
5. Be Mindful of the Environment: Take precautions to prevent wildfires and avoid causing damage to property or the environment.
6. Inform Others: Notify others in the area of your intentions and ensure they are aware of the potential risks.
7. Obtain Necessary Permits: If you plan to use Tannerite for purposes other than recreational shooting, such as demolition, obtain all necessary permits and licenses from the relevant authorities.

Alternatives to Tannerite

For those who are concerned about the legal or safety implications of using Tannerite, several alternatives are available for recreational shooting and target practice. These alternatives include:

• Paper Targets: Traditional paper targets are a safe and cost-effective option for practicing marksmanship.
• Steel Targets: Steel targets provide immediate feedback when hit and are durable and reusable.
• Clay Targets: Clay targets are commonly used in shotgun shooting and can be a fun and challenging alternative to explosive targets.
• Reactive Targets: Non-explosive reactive targets provide visual and auditory feedback when hit, without the risks associated with explosives.

Conclusion

In conclusion, while Tannerite is legal in Colorado for purchase and recreational use, it is essential to understand and comply with all applicable federal, state, and local laws. The safe and legal use of Tannerite requires adherence to manufacturer’s instructions, responsible handling, and consideration for the surrounding environment. By following best practices and staying informed about legal regulations, users can enjoy the recreational benefits of Tannerite while minimizing the risks of accidents, injuries, and legal liabilities. Remember, the key is responsible use and a thorough understanding of the laws governing explosives in Colorado.