Notification for Previously Exempted Special Explosives Devices

U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Enforcement Programs and Services
Washington, DC 20226
November 2, 2023
NOTIFICATION FOR PREVIOUSLY EXEMPTED SPECIAL EXPLOSIVE DEVICES
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has rescinded the exemptions
for certain consumer-style grenades (e.g., flashbang grenades, smoke grenades) as they have
been determined by ATF to pose a risk to public safety. The purpose of this letter is to provide
guidance on the requirements for these explosive devices that ATF previously exempted as
special explosive devices (SEDs) pursuant to the regulation at 27 CFR § 555.32.
Background
As provided by the Federal explosives regulations at 27 CFR 555.32, ATF may issue exemptions
for SEDs that, as designed, do not constitute a public safety or security hazard. When issuing an
exemption for a specific SED, ATF stipulates that the exemption may be withdrawn if ATF
determines a public safety or security hazard exists.
In evaluating whether a particular device may be exempted, ATF considers, in part, the intended
use and function of the device, the net explosives weight, its chemical composition, and
accessibility of the explosives within the device. SEDs often perform a safety related function
and are generally designed for use in a specific segment of industry or by law enforcement (e.g.,
line-cutters, airbag inflators). ATF has previously granted SED exemptions for various devices
meeting certain criteria but not necessarily performing a safety related function, such as
consumer-style grenades used in airsoft or paintball games.
Explanation and Discussion
ATF has recently received information regarding incidents in which certain explosive devices
(e.g., flashbang grenades, smoke grenades) were used against law enforcement officers or for
other criminal purposes. Additionally, ATF has received evidence that such devices have caused
wildfires resulting in extensive damage to property and danger to the public. Based on these
public safety concerns, ATF has determined that these explosive devices pose a risk to public
safety and rescinded the SED exemptions for the products listed in Figure 1.
As a result of these rescissions, these explosive devices are no longer exempt from the provisions
of the Federal explosives regulations at 27 CFR Part 555. Accordingly, any person engaging in
the business of importing, manufacturing, or distributing these devices must obtain the applicable
Federal explosives license. In addition, any person acquiring the devices must first obtain a
Federal explosives license or permit. All persons, including those currently in possession of any
of these devices listed in Figure 1 must store the devices in conformity with the prescribed

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requirements in 27 CFR Part 555, Subpart K – Storage. For general information on storage
requirements, please reference ATF Publication 5400.17.
Instructions on how to apply for a Federal explosives license or permit are found at
https://www.atf.gov/explosives/apply-license. Individuals who need assistance ensuring they
comply with ATF’s explosives storage requirements can contact their local ATF offices at
https://www.atf.gov/contact/local-atf-offices. Information on ATF’s explosives regulations is at
https://regulations.atf.gov/555.
Government Exemption
The Federal explosives laws (Title 18 U.S.C. Chapter 40), and the implementing regulations at
27 CFR §§ 555.141(a)(3) and (a)(5), exempt from the provisions of 27 CFR Part 555, “[t]he
transportation, shipment, receipt, or importation of explosive materials for delivery to any
agency of the United States or to any State or its political subdivision” and “[t]he manufacture
under the regulation of the military department of the United States of explosive materials for, or
their distribution to or storage or possession by, the military or naval services or other agencies
of the United States.” ATF has held that these exemptions extend to government contractors and
subcontractors performing explosives operations exclusively pursuant to a current and valid
contract with a government agency. As a result, Federal, State and local government agencies
and their contractors typically do not require a Federal explosives license or permit to obtain
explosive materials, including the devices described in Figure 1.
ATF is committed to helping individuals comply with the Federal explosives laws and
regulations. Should you have any questions regarding this notice, please contact ATF’s
Explosives Industry Programs Branch at 202-648-7120 or EIPB@atf.gov.
Matthew P. Varisco
Assistant Director
Enforcement Programs and Services

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Figure 1 – List of Previously Exempt Special Explosive Devices
Device Description
Department of Transportation
EX Number
M11, M12, M13 Devices 	EX2015020101
M10 Devices 	EX2015020084
MC-18 Smoke Grenades 	EX2017122029
EG67 Powder and Confetti Bombs 	EX2020082412; EX2020082413
EM55 Emergency Smoke Devices 	EX2017040307; EX2017040290
Mil-X Smoke Devices 	EX2014020114; EX2014020235
EL55 Electric Smoke Devices 	EX2017010539; EX2017020010
EG67 Ball Grenades 	EX2015100576
Wire Pull Paint Grenades 	EX2015111073
EG18X Smoke Signals 	EX2015020398; EX2015020437