Penalty for Making Explosives in Massachusetts

Penalty for Making Explosives in Massachusetts

Building your own homemade explosives in Massachusetts is probably unsafe and ill-advised, but is it actually illegal? What happens if you are caught with your own homemade explosives, and what kinds of legal consequences might you face? The answer might surprise you.

If you have been charged with some kind of explosive-related crime in Massachusetts, it is a good idea to get in touch with a qualified, experienced criminal defense attorney. Our legal professionals can guide you through the criminal process and ensure your rights are protected.

It is Technically Legal to Manufacture Your Own Explosives in the United States

Technically, it is completely legal to manufacture explosives in the United States. The only catch is that you need a license from the ATF. Specifically, you need something called a federal explosives license or permit, otherwise known as an FEL or an FEP. In some cases, you do not even need a permit to manufacture explosives. So-called “binary explosives” according to the ATF, are legal to manufacture for personal use without a permit. These devices involve two different materials that only become explosive when they are combined with each other.

In order to manufacture these bombs without a permit, you must be using them for personal, non-business purposes. An example that the ATF gives is target practice. That being said, you are not allowed to manufacture or possess explosive materials if you are a “prohibited person.” Prohibited people are those who have been convicted of serious crimes, mental defectives, addicts, dishonorable discharges, or anyone who does not have US citizenship.

What About State-Specific Laws?

The ATF is a federal agency, and its laws apply to the entire nation. However, states often have their own specific laws when it comes to matters like homemade explosives. So what does Massachusetts say about this subject? The state has its own laws on the matter, as outlined under General Laws, Part I, Title 10, Section 9:

Anyone who is manufacturing explosives must “make reports to the department in such particulars and in such detail that the quantity and location thereof will always be a matter of authentic record in the department.” In addition, individual cities and towns may create their own ordinances and by-laws on this subject.

In Massachusetts, individuals must also have something called an explosives certificate of competency if they want to transport or use explosives. If you are blowing things up on your property, your neighbors may also complain to the appropriate authorities. With all that said, it is important to understand that there is no law in Massachusetts that says it is illegal to manufacture your own explosives. These laws simply say that you need to follow strict guidelines to do so.

Enlist the Help of a Qualified, Experienced Attorney

If you have been charged with any kind of weapons or explosive crime, you need to get in touch with a qualified, experienced criminal defense attorney as soon as possible. Although many people are surprised when they learn how legal it is to manufacture homemade explosives in the United States, there is a strong potential for criminal consequences if you are caught. Reach out to the Law Offices of Johnson, Sclafani & Moriarty at your earliest convenience, and we can help you fight for your rights in an effective manner. Call us now to schedule a free initial consultation. 413-732-8356