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Confusion Of Laws


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#1 pyroguitarman

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Posted 24 February 2008 - 01:00 PM

http://www.cps.gov.u.../chapter_a.html
Laws on this site state that it is illegal to manufacture explosives,Section 4 - Unauthorised manufacture of gunpowder and other explosive substance. But MSER has stated an allowance of 100g for experimentation, could someone shed some light on what is actually legal, I wouldn't want to be charged for something that I had read was legal, so If someone could clarify exactly what I can do. :ph34r:

#2 Andrew

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Posted 24 February 2008 - 02:35 PM

This topic has been debated like f*ck! search and yee shall find!

But just in case your too lazy to search like many of us... Make sure you read carefully all the way to the very bottom otherwise you will miss the important part!


Yes there are many laws that cover the same thing. A point of law governing the constant renewal of legislation means that this should not happen, although there are a few cases new legalisation usually repeals existing acts or parts of acts where modernisation is required and a conflict exists.

The web site you quote is grossly out of date. Many of those sections mentioned (including section 4 that you also quote) were repealed in 2005 by act of parliament; namely the MSER:2005. So in-fact, because of MSER:2005 "Section 4 - Unauthorised manufacture of gunpowder and other explosive substance;" is no longer an offence as it no longer exists on the statute!

The two major pieces of legislation that we as Pyrotechnic enthusiasts need to worry about are MSER:2005 and COER:1991. In MSER there are a few exemptions that we can use to go about our hobby without getting a licence or registration under MSER. However, obviously getting a licence or registration would be very beneficial.

The 100g manufacture exemption that appears in MSER:2005 is great, however there is a clause in there that I guess many people ignore! The passage is as follows:

QUOTE MSER:2005 crown copyright 2005
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PART 3

LICENSING AND REGISTRATION REQUIREMENTS


Explosives not to be manufactured without a licence
9. - (1) Subject to paragraph (2), no person shall manufacture explosives unless he holds a licence for that manufacture and complies with the conditions of that licence.

(2) Paragraph (1) shall not apply to -

(a) the manufacture of explosives for the purpose of laboratory analysis, testing, demonstration or experimentation (but not for practical use or sale) where the total quantity of explosives being manufactured at any time does not exceed 100 grams, but nothing in this sub-paragraph shall be taken as authorising any acquisition or keeping of explosives for which an explosives certificate is required by virtue of regulation 7 of those Regulations, without such a certificate;


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The important surreptitious indirect clause is in green, with the important clue as to what the hell it is referring to in red. With no direct mention of COER:1991 most people just over look it and thus ignore it!

What that clause means is that in order to use that 100g goldern rule you need to first get an "Acquire and Keep" licence under the COER legislation. Getting an A&K COER licence is pretty easy compared to getting a full blown MSER manufacturing licence.



The UKPS is going to be releasing shortly a full guide on how to get legal. It will be worth a read; certainly a first port of call when you want to get legal.




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