Is it illegal in Tennessee for a private citizen to mix Tannerite or similar binary exploding targets to shoot at the range?

Plain-English summary

Tannerite and similar exploding-target products are "binary explosives": two separate components (an oxidizer like ammonium nitrate, and a sensitizer/fuel like aluminum powder) that are inert when stored separately but become explosive when mixed in a container, which is then detonated by a rifle shot at the range. They are popular for recreational target shooting.

The AG's analysis is blunt. Under Tennessee law:

• Mixing the two components creates an "explosive" within the meaning of Tenn. Code Ann. § 39-17-1302 and the Tennessee Blasting Standards Act, regardless of the quantity or the intended use. The Tennessee Supreme Court has defined "explosive" generally as a substance whose rapid decomposition or combustion causes an explosion (State v. McGouey).
• "Explosive weapon" is statutorily defined to include "any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction." Tenn. Code Ann. § 39-17-1301(4)(B)(ii). The opinion treats the mixed binary device as falling within both the explosive and explosive-weapon definitions.
• The intentional or knowing possession, manufacture, transport, repair, or sale of an explosive or explosive weapon is a criminal offense under § 39-17-1302(a)(1). The statute contains specific defenses (military, law enforcement, lawful industrial or commercial enterprise, dramatic performances, scientific research, museum display) but none for personal or recreational use.
• The Blasting Standards Act's definition of "explosive" and its "manufacturing" rule (Tenn. Comp. R. & Regs. 0780-02-15-.01(1)(l)) also cover the act of mixing binary explosives. Whether the Blasting Standards Act actually reaches non-blasting recreational use is unclear (the Act primarily regulates blasting operations), but several sections could be interpreted broadly to cover possession of any explosive.
• No state license authorizes recreational manufacture or possession. Tennessee does not issue manufacturer/dealer-in-weapons licenses (Tenn. Att'y Gen. Op. 05-014). Federal explosives licenses are available (27 C.F.R. §§ 555.41 to 555.63), but even if a federal license satisfied state law's licensing requirement, federal licenses do not authorize conduct contrary to state law (27 C.F.R. § 555.62). The Blasting Standards Act's blaster, limited blaster, and handler classifications are for blasting operations, not for making exploding targets.
• The opinion notes that, unlike federal regulations and some other states' provisions, Tennessee's prohibition has no exception for personal recreational use (citing the Nebraska decision In re Joseph S.).

Bottom line: a Tennessee citizen who buys Tannerite, mixes the components, and shoots them at the range commits a Tennessee criminal offense, even though the same conduct may be treated differently under federal regulations and in some other states.

Currency note

This opinion was issued in 2015. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: I bought Tannerite at a sporting goods store. Isn't it legal if it's for sale?
A: Tannerite is legal to sell and possess in unmixed form. The product description on the manufacturer's own site says it is sold unmixed. Once mixed in Tennessee, it falls within the explosive and explosive-weapon definitions and triggers § 39-17-1302.

Q: What if I only use a small amount?
A: The opinion says the amount and the explosive capacity do not matter. Once the binary components are combined, an explosive exists under Tennessee law.

Q: What if I'm a federal explosives licensee?
A: A federal license does not override state law (27 C.F.R. § 555.62). And the state-license defense in § 39-17-1302(b)(6) only authorizes possession or manufacture "incident to carrying on the business for which licensed" for scientific, research, or sale-to-law-enforcement purposes. Recreational use does not fit.

Q: Couldn't I get a Blasting Standards Act license?
A: The Blasting Standards Act licenses (blaster, limited blaster, handler) are for "blasting operations," not target-shooting. The licensing scheme does not contemplate recreational exploding-target use.

Q: Why does this differ from federal law and other states?
A: Tennessee did not include a personal-use exception in § 39-17-1302. The opinion observes that, unlike federal regulations and some other states' provisions, Tennessee's prohibition has no carve-out for personal recreational use, citing the Nebraska Court of Appeals decision In re Joseph S. by way of contrast.

Background and statutory framework

The Tennessee explosive-weapons framework dates from a different era when "explosive weapon" was understood to mean things like pipe bombs and dynamite-type devices, not consumer-marketed target products. The statute's text is broad enough to capture binary exploding targets even though they were not a market category when the statute was written. The AG's opinion essentially predicts what a Tennessee court would do with the statutory text as written: convict the recreational user, because no defense fits.

The Blasting Standards Act adds a parallel regulatory layer aimed primarily at the construction and mining industries. The opinion is honest about the ambiguity: the Act's text could be read narrowly (only blasting operations) or more broadly. In the recreational-target context, the Act might or might not apply. The criminal statute, by contrast, plainly does.

Citations and references

Tennessee statutes and regulations:

• Tenn. Code Ann. § 39-17-1301(4)(B)(ii) (definition of explosive weapon)
• Tenn. Code Ann. § 39-17-1302 (prohibition on explosive weapons)
• Tenn. Code Ann. § 39-17-1302(a)(1), (b), (b)(6) (offense and defenses)
• Tenn. Code Ann. §§ 68-105-101 et seq. (Tennessee Blasting Standards Act)
• Tenn. Code Ann. §§ 68-105-102, -102(7), -102(14), -103, -106, -106(a), -106(e), -113, -114, -116, -120
• Tenn. Comp. R. & Regs. 0780-02-15-.01(1)(l); -.03; -.04; -.08

Federal regulations:

• 27 C.F.R. §§ 555.41 to 555.63; § 555.62 (federal licensing; no preemption of state law)

Cases:

• State v. McGouey, 229 S.W.3d 668 (Tenn. 2007) (Tennessee Supreme Court; definition of explosive)
• In re Joseph S., 698 N.W.2d 212 (Neb. App. 2005) (Nebraska Court of Appeals)

Earlier AG opinion:

• Tenn. Att'y Gen. Op. 05-014 (Feb. 2, 2005)

Subject

Opinion No. 15-12, Use of Exploding Targets, February 5, 2015

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2015/op15-12.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
February 5, 2015
Opinion No. 15-12
Use of Exploding Targets

Question 1
Does the combining of ammonium nitrate, or some other oxidizer, with a sensitizer, such as aluminum powder, whether or not the compound is placed in a sealed device, constitute the criminal offense of manufacturing an explosive or an explosive weapon?

Opinion 1
Yes.

Question 2
Does the amount of oxidizer and sensitizer that are combined, or the level of the explosive capacity of the combination, affect the Answer to Question 1?

Opinion 2
No.

Question 3
Does the Answer to Question 1 change if the purpose for which a person combines an oxidizer and a sensitizer is to create an exploding target?

Opinion 3
No.

Question 4
Is it unlawful in Tennessee for a person without a federal explosives license or permit to mix the binary element of ammonium nitrate with a sensitizer to create an exploding target (ET) known as Tannerite and other various trade names?

Opinion 4
Yes.

Question 5
Does the key event of combining the binary raw materials of an exploding target into a single mixture create an explosive as defined by Tenn. Code Ann. § 68-105-102 of the Tennessee Blasting Standards Act?

Opinion 5
Yes; however, the Blasting Standards Act may not apply to the use of binary explosives as exploding targets.

Question 6
Does combining the binary raw materials of an exploding target into a single mixture capable of creating an explosion constitute the intentional or knowing possessing or manufacturing an explosive or an explosive weapon in violation of Tenn. Code Ann. § 39-17-1302?

Opinion 6
Yes.

Question 7
Is any federal or state license required for the act of combining ammonium nitrate, or some other oxidizer, with a sensitizer, such as aluminum powder, for the purpose of creating an exploding target in Tennessee? If so, is it a criminal offense for any person to combine such components without the required license?

Opinion 7
There does not appear to be any State or federal license that would permit the possession or manufacture in Tennessee of the binary explosives used as exploding targets.

ANALYSIS

You have asked about the applicability of Tennessee's prohibitions against explosives to commercially available binary explosives such as Tannerite. Binary explosives are "pre-packaged products consisting of two separate components, usually an oxidizer like ammonium nitrate and a fuel such as aluminum or another metal." Tannerite is an example of a commercially available binary explosive used to create exploding targets. It is sold in an unmixed condition and is designed to be mixed in a container and detonated by a rifle shot.

It is a criminal offense intentionally or knowingly to possess, manufacture, transport, repair, or sell an explosive or an explosive weapon in Tennessee. Tenn. Code Ann. § 39-17-1302(a)(1). The term "explosive weapon" is defined to include "[a]ny sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction." Tenn. Code Ann. § 39-17-1301(4)(B)(ii). The term "explosive" is not defined in Title 39 of the Code, but the Tennessee Supreme Court has defined it generally as "a chemical-type substance such as dynamite, nitroglycerin, or gunpowder" and as "a substance or combination of substances which, upon rapid decomposition or combustion, cause [sic] an explosion." State v. McGouey, 229 S.W.3d 668, 673 n.1 (Tenn. 2007).

Unlike federal regulations and some other states' provisions, Tennessee's prohibition against the possession or manufacture of explosives does not contain an exception for personal recreational use. Cf. In re Joseph S., 698 N.W.2d 212, 226-27 (Neb. App. 2005). The statute does contain specific defenses for military or law-enforcement use, for use related to a lawful industrial or commercial enterprise, for dramatic performances and scientific research, and for display at museums. Tenn. Code Ann. § 39-17-1302(b). None of these defenses applies to an individual's personal or recreational use of an explosive.

You have also asked about the Tennessee Blasting Standards Act, found at Tenn. Code Ann. § 68-105-101, et seq. It is not entirely clear whether the Blasting Standards Act applies to the possession or manufacture of binary explosives for use as exploding targets. The Act primarily regulates "blasting operations," defined as "the use of explosives in the blasting of stone, rock, ore or any other natural formation, or in any construction or demolition work." Tenn. Code Ann. §§ 68-105-102(7), -103, and -106. The title of the Act itself, though not determinative, suggests the Act is concerned with blasting operations.

However, the specifically listed exceptions to the Blasting Standards Act may suggest it applies to more than just blasting operations. See Tenn. Code Ann. § 68-105-120 (exempting agricultural and medicinal use of explosives, law enforcement and military operations, and legal fireworks). The language of at least two sections could be interpreted to apply to the purchase, receipt, or possession of any explosive, regardless of its purpose. See Tenn. Code Ann. § 68-105-113 and -114. If the Act covers more than just blasting operations, it probably permits the Department of Commerce and Insurance to inspect any place where any explosive is used or stored, and the Department's regulations may even apply to the unmixed components of a binary explosive. See Tenn. Code Ann. § 68-105-116; Tenn. Comp. R. & Regs. 0780-02-15-.08.

1. You ask if combining the elements of a binary explosive, such as ammonium nitrate and aluminum powder, constitutes the criminal offense of manufacturing an explosive. It does. The simple possession of the unmixed components of a binary explosive is not prohibited because, in their unmixed state, the components are not capable of detonation or combustion and, thus, would not constitute an explosive. However, once mixed, the resulting compound is capable of detonation or combustion and does constitute an explosive. See Tenn. Code Ann. § 39-17-1302(a)(1); McGouey, 229 S.W.3d at 673 n.1. Therefore, by mixing the separate chemical substances, one has made, or "manufactured," an explosive.

2. You ask if the answer to Question 1 is affected by the amount of chemicals used or the explosive capacity of their combination. It is not. The manufacture of explosives is prohibited regardless of the amount of chemicals combined or the explosive capacity of their combination. See Tenn. Code Ann. § 39-17-1302(a)(1); McGouey, 229 S.W.3d at 673 n.1. Once the chemically reactive substances are combined, they become an "explosive" within the meaning of the statute. The amount or size of explosive capacity is immaterial.

3. You ask if the answer to Question 1 changes when the binary explosive will be used as an exploding target. It does not. There are some exceptions to the prohibition against the possession or manufacture of explosives but none of the exceptions permits the possession or manufacture of exploding targets for personal use. See Tenn. Code Ann. § 39-17-1302(b).

4. You ask if it is unlawful for a person without a federal explosives license to combine the elements of a binary explosive for use as an exploding target. It is unlawful to mix binary explosives in Tennessee regardless of whether the person has a federal explosives license. Explosives licenses are available under federal law. See 27 C.F.R. §§ 555.41 to 555.63. However, possession of a federal explosives license does not permit the licensee to violate state law. See 27 C.F.R. § 555.62. Tennessee does not permit the manufacture of binary explosives for exploding targets, and the possession of a federal explosives license does not exempt the holder from this prohibition.

5. You ask if combining the elements of a binary explosive for use as an exploding target creates an explosive as defined in the Blasting Standards Act. It does. The Act defines "explosive" to mean:

any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units or other ingredients in such proportion or quantities that ignition by detonation may produce an explosion, capable of causing injury to persons or damage to property.

Tenn. Code Ann. § 68-105-102(14). The applicable regulations define "manufacturing" to mean "mixing, blending, extruding, assembling, disassembling, chemical synthesis and other functions involved in making a product or device that is intended to explode." Tenn. Comp. R. & Regs. 0780-02-15-.01(1)(l). Therefore, the act of mixing the elements of a binary explosive constitutes the manufacture of an explosive as defined by the Blasting Standards Act.

However, as discussed above, it is not clear the Blasting Standards Act applies to the use of explosives outside the context of a blasting operation. See Tenn. Code Ann. §§ 68-105-103, -106. Therefore, the Act might not apply to the use of binary explosives as exploding targets.

6. You ask if combining the elements of a binary explosive for use as an exploding target violates the prohibition against possessing or manufacturing an explosive. It does. Combining the elements of a binary explosive such as Tannerite to create an exploding target violates Tenn. Code Ann. § 39-17-1302. Once the chemicals are mixed an explosive is created, and there is no exception for the manufacture of exploding targets for personal use.

7. You ask if a federal or state license is required to combine the elements of a binary explosive for use as an exploding target and, if so, whether it is a criminal offense for someone to do so without a license. There does not appear to be any State or federal license that permits the possession or manufacture in Tennessee of binary explosives for use as exploding targets. Tennessee's prohibition against the possession or manufacture of explosives and explosive weapons exempts individuals who are "licensed by the state of Tennessee as a manufacturer, importer, or dealer in weapons." Tenn. Code Ann. § 39-17-1302(b)(6). However, Tennessee does not issue licenses to manufacturers, importers, or dealers in weapons. See Tenn. Att'y Gen. Op. 05-014 (Feb. 2, 2005). Furthermore, the exemption for license holders only authorizes manufacture or possession that is "incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to [a military or law enforcement] organization." Tenn. Code Ann. § 39-17-1302(b)(6). Therefore, even if some federal license satisfies Tennessee's licensing requirement, possession of a license does not authorize the holder to mix binary explosives for use as exploding targets for personal use. Cf. 27 C.F.R. § 555.62 ("A license or permit issued under this part confers no right or privilege to conduct business or operations, including storage, contrary to State or other law.")

The Blasting Standards Act creates three classifications of registration for the handling and detonation of blasting explosives: blaster, limited blaster, and handler. Tenn. Code Ann. § 68-105-106(e); see also Tenn. Comp. R. & Regs. 0780-02-15-.03 and -.04 (creating a fourth classification). However, these licenses apply to the use of explosives in blasting operations, not the manufacture of exploding targets. See Tenn. Code Ann. § 68-105-106(a) ("[N]o person shall detonate explosives in any blasting operation, unless the person is registered with the department.") (emphasis added).

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Acting Solicitor General

JONATHAN H. WARDLE
Assistant Attorney General

Requested by:
The Honorable Mark A. Pody
State Representative
203 War Memorial Building
Nashville, TN 37243-0146