18 U.S.C. Chapter 40 and 27 CFR Part 55
Introduction
The following Questions and Answers are intended to aid you in gaining a
better understanding of: 18 U.S.C.
Chapter 40-importation, Manufacture, Distribution and Storage of Explosive
Materials ... and of the implementing regulations issued within:
27 CFR Part 55 - Commerce in Explosives.
Although the listing is by no means all-inclusive, it does contain a selection of those Questions that ATF receives most often about explosives. A Table of Contents reflects the broad categories into which the Questions have been grouped, and a Subject Index has been included for your convenience.
These Questions and Answers apply only to Federal law and regulations. The
States and their local jurisdictions have, in many cases, enacted their own
requirements relating to explosives.
Public Law 93-639, approved January 4, 1975, amended the language contained in 18 U.S.C. § 845(a)(5) which had excepted any "black powder in quantities not to exceed five pounds", from the law. This amendment:
Discussion
The exemption contained in § 845(a)(5) applies to most retail sales of black powder. Licensees have the obligation in conducting these sales to establish to their own satisfaction that persons wanting to acquire black powder under the exemption intend to use the powder solely for exempted sporting, recreational, or cultural purposes. Transaction records are required for nonexempt sales. For example, sales of black powder to nonlicensees/nonpermittees in quantities exceeding 50 pounds, or in any quantity when not intended for use as exempted by the law, require the completion of ATF Form 5400.4, Explosives Transaction Record (§ 55.126). Other requirements in 27 CFR Part 55 include:
Additionally ...
Compliance with Federal law and regulations in no way exempts persons
from compliance with State and local requirements.
[Under the exemption a nonlicensee/nonpermittee may import commercially
manufactured black powder in quantity not to exceed 50 pounds
(§ 55.108(b)). There
is no ATF form to deliver to customs and an individual importing under the
exemption has to comply with customs procedure at the port of entry.]
Table of Contents
1. Who is affected by the Federal explosives law?
The law affects all persons who import, manufacture, deal in, purchase, use
or store explosive materials. It also affects those who ship, transport,
or receive explosive materials in interstate commerce. See Question 20 for
State requirements. [Also, see
§ 55.141 for exemptions.]
2. To whom is the distribution of explosive materials by licensees prohibited?
A. Prohibited Persons: A licensee shall not knowingly distribute any explosive materials to any person who:
B. Other Unlawful Distributions: A licensee shall not knowingly distribute any explosive materials to any person who:
3. Does the law prevent some persons from dealing in explosives?
Yes. The same classes of persons listed in Answer A to Question
#2 may not obtain a Federal explosives license. In addition, prospective
licensees must meet the other requirements set forth in §
55.49. [See Question 19.]
4. How does the law affect your dispositions to persons who do not have a license or permit?
A person who has not acquired a permit from the Federal Government may, if not barred as discussed in Questions # 2 and 3, purchase explosives only in the State in which he resides. There are two exceptions:
5. What States allow their citizens to purchase explosive materials in bordering States?
Please contact your State Attorney General or State Fire Marshal, whichever is appropriate, for a definitive answer. States of Delaware, Kentucky, Vermont, Washington, and Wyoming are understood to allow such purchases for black powder, only.
6. When a person purchases explosives, does he have to sign anything?
Yes. ATF Form 5400.4 will be executed by the buyer for purchases of high
and low explosives, and blasting agents. A Federal explosives licensee or
permittee who purchases explosive materials is not required to complete Form
5400.4. [§ 55.126].
7. Does Federal law and regulations provide penalties for purchasers who give false information to a licensee at the time of purchase?
Yes. The penalty for providing false information or misrepresented identification is a maximum 10 years' imprisonment and/or a $10,000 fine. [§ 55.162]
8. When a person purchases explosive materials, is the Federal Government notified?
No. The executed Form 5400.4 remains on the dealer's premises.
[§ 55.126]
9. Are thefts of explosives covered by the law?
Yes. Any person discovering a theft or loss of explosive materials from stock must, report it to ATF, and to the appropriate local authority within 24 hours. Also, it is unlawful to receive, conceal, transport, ship, store, barter, sell, or dispose of any explosive materials knowing or having reasonable cause to believe that such explosive materials were stolen.
10. Will anyone investigate accidents involving explosives?
ATF is authorized to inspect the site of any accident or fire where there is reason to believe that explosive materials were involved. Other Federal agencies, or State or Local agencies, might also investigate such incidents, depending on the circumstances. [§ 55.31]
11.
12.
13. Is the rocket propellant in model rocket kits considered to be explosive?
No. [§ 55.141]
14. Does ATF have any regulations governing the actual transportation of explosives?
No. This authority is vested in the Department of Transportation [§ 55.141]
15. What is the Explosives list?
The Explosives List is a comprehensive, but not all inclusive, listing of the more common explosive materials that have been determined to be within the coverage of the regulation. The list is published annually by the Director, ATF. [§ 55.23]
16.
17
18. May Black Powder be sold without a license?
No. Anyone who sells black powder, regardless of the quantity, must be licensed as an explosives dealer. [§ 55.41]
19. How Would a person qualify for a Federal license or permit?
A person must be :
(1) 21 years of age or over
(2) must not be within a prohibited category (see question 2)
(3)must not have willfully violated any of the ACT or regulations
(4)Has premises in the State from which he intends to conduct business or
operations;
(5) Has storage for the class (as described in
§ 55.202) of explosive
materials described on the application, unless he establishes that the business
or operations to be conducted will not require the storage of explosive
materials; and
(6) Is familiar with and understands all published State laws and local
ordinances relating to explosive materials for the location in which he intends
to do business. [§ 55.49]
ATF Form 5400.13/5400.16 must be filed to obtain a license or permit.
[§ 55.45]
20. Does a Federal license or permit exempt the holder from State or local requirements?
No. A license or permit confers no right or privilege to conduct business
or operations, including storage, contrary to State or other law.
[§ 55.62] Where a situation
arises that State or local requirements are more stringent than the Federal,
the more stringent requirement must be followed.
21. For what period of time are licenses and permits valid?
_ An original license or permit is issued for a period of one year.
_ A renewal license or permit is issued for a period of 3 years.
However:
_ A manufacturer-limited license is issued for a period of 30 days.
_ A user-limited permit (ATF Form 5400.6) and a user-limited special fireworks
permit (ATF Form 5400.21) are valid only for a single purchase transaction.
[§ 55.51]
22. Can a license or permit be revoked?
Yes. The regional director (compliance) may revoke any license or permit
if the holder has violated any provisions of the law or regulations.
[§ 55.71, et seq.]
23. What are the fees for licenses and permits?
A. Original License Fees Are:
B. Original Permit Fees Are:
C. Renewal License and Permit Fees:
24. Will the Government investigate an applicant for a license or permit?
ATF may investigate any applicant, and inspect all places of storage before
issuing a license or permit. [§
55.49]
25. What may a licensed dealer do?
A licensed dealer may engage in the business of distributing explosive materials
at wholesale or retail. [§
55.11: Definition of 'dealer'.]
26. What may a licensed importer do?
A licensed importer may engage in the business of importing or bringing explosive
materials into the United States for sale or distribution.
[§ 55.11: Definition
of 'importer'] It is not necessary for a licensed importer to also obtain
a dealer's license in order to engage in business on his licensed premises
as a dealer in explosive materials.
[§ 55.41]
27. How may I import explosives?
Any licensed importer or permittee may import explosives by providing the
Customs Service a copy of the license or permit.
[§ 55.41;
55.108]
Note, however, that in the case of propellant powder or other components
of small arms ammunition, an approved ATF Form 6 must be provided to the
Customs Service. [27 CFR § 178.113] Also, see Question 56.
28. What may a licensed manufacturer do?
Licensed manufacturers may engage in the business of manufacturing explosive
materials for purposes of sale or distribution, or for their own use; BUT,
a licensed manufacturer-limited may manufacture explosive materials for his
own use, only.
[§ 55.11 ] It is not
necessary for a licensed manufacturer to also obtain a dealer's license in
order to engage in business on his licensed premises as a dealer in explosive
materials. [§ 55.41 ]
29. Is a separate license required for each location where business is conducted?
Yes. A separate license is required for each location where business is conducted. However, a separate license is not required for:
30. Must a person who engages in the business of both manufacturing and importing at the same location have both licenses?
Yes. The licenses for manufacturing and importing allow a person to do separate
and distinct things, and a separate license is required for each activity.
However, a manufacturer or an importer does not need a separate dealer's
license in order to also distribute explosive materials from his licensed
premises. [§ 55.41]
31. Does a licensed manufacturer need a separate license for his own on-site manufacturing?
No. As long as the on-site manufacturing takes place in the ATF Region in
which the manufacturer's license is held.
[§ 55.41]
32. Are companies having headquarters in one State but doing business in another State required to have a permit in order to acquire explosive materials in the latter State?
No. Companies engaged in business within a State acquire residency in that
State by virtue of the work being performed (but check out the State and
local requirements). Explosives purchases made by these companies in the
State where work is being performed are considered by ATF to have been made
within their State of residence; therefore, no permit is required. [ATF Ruling
76-4]
33. Does a licensed dealer need a permit to use explosives outside the State in which his business premises is located?
No. The dealer, by virtue of his license, is authorized to acquire and to
transport explosives in interstate commerce.
[§ 55.41]
34. How does the truck driver for an explosives licensee/permittee qualify to purchase explosives for his employer?
The driver must be on the current certified list of representatives or agents
authorized to acquire explosives on behalf of that employer.
[§ 55.105]
35. When an explosives licensee/permittee sends his truck driver to the distributor's premises for explosives which have been purchased by the licensee/permittee, will the driver be required to sign any forms?
The driver will be required to identify himself and to complete and sign
Section A of Form 5400.8. [§
55.103]
36. Will a licensee or permittee be notified in advance when his license or permit needs to be renewed?
Yes. Prior to expiration of the license or permit, a licensee or permittee
will be notified by way of ATF Form 5400.14/5400.15, Part III, "Renewal of
Explosives License or Permit," an application form which must be completed
and timely filed in order to effect renewal.
[§ 55.46]
37. 1 have timely filed my application for renewal but I have not received my renewed license or permit. May I continue in business? If so, how long?
Yes. You may continue to operate pursuant to your current license or permit
until the application for renewal is acted upon. 118 U.S.C. 558]
38. When may sales of explosives by licensed dealers be made to residents of adjoining States?
Sales may be made legally to a resident of a bordering State only if that
State has enacted specific legislation allowing its residents to purchase
explosive materials in a bordering State. (Also, refer to
Question # 5)
[§ 55.26,
§ 55.105]
39. Does a person who obtains a license or permit have to keep records of explosive materials transactions?
Yes. A licensee or permittee must keep records of all acquisitions and
dispositions of explosive materials. [§ 55.1071
40. How does one account for explosive materials in his records?
If acquisitions are recorded by weight, then disbursements must also be recorded
by weight. If acquisitions are recorded by physical count, then disbursements
must also be recorded by physical count.
41. Must a licensee or permittee maintain a daily summary of magazine transactions?
Yes. After the initial inventory required by regulations has been taken,
the inventory shall be entered in a record of daily transactions. At the
close of business each day, explosives shall be recorded by class, in accordance
with the three classes set forth in § 55.202, as to the total quantity received
in and removed from each magazine during the day and as to totals remaining
on hand at the end of each day. [§ 55-127]
42. Must I keep my explosives records on the site of the magazine to which these records pertain?
No. A licensee or permittee proprietor of an approved explosives storage
facility may keep the records required by § 55.127 at a centrally located
area on the premises, provided a separate record of daily transactions for
each magazine is maintained.
43. When must a report be made of a shortage or theft of explosive materials?
Any discrepancy which might indicate a theft or loss shall, within 24 hours,
be reported by telephone to ATF (toll free: 800-424-9555). Licensees and
permittees must confirm the report by filing a completed Form 5400.5 with
the nearest ATF District Office. All other persons must confirm the report
by letter to the nearest ATF Office. A report must also be made to local
authorities. [§ 55.30, 55.1651
44. Where may I obtain additional copies of ATF Form 5400.4?
Requests for forms should be mailed to the ATF Distribution Center, 7943
Angus Court, Springfield, Virginia 22153. They are available at no charge.
[§ 55.21(c)]
45. What forms will the buyer of black powder have to sign at the time of purchase?
If 50 pounds or less is being bought, intended to be used solely for sporting,
recreational, or cultural purposes in antique firearms or antique devices,
no form is required.
If black powder is being bought for any other purpose (regardless of quantity),
ATF Form 5400.4 shall be signed by the buyer.
46. Is there a requirement for an annual inventory?
An inventory is required to be taken at least once a year. The inventory
will be taken by type (blasting caps, dynamite, etc.) location and quantity.
[§ 55.122-55.125]
47. Who must meet storage requirements?
All persons who store explosive material shall store them in conformity with the provision of Subpart K of the regulations. [§ 55.29, 55.164, 55.201]
48. What are the classes of explosives for storage purposes?
There are three categories of explosives by U.S. Department of Transportation regulations in 49 CFR Part 173, except for bulk salutes.)
49. May a person store explosives in a residence or dwelling?
No. A person may not store explosive materials in a residence or dwelling.
Under certain conditions, storage facilities may be located in a warehouse
or in a wholesale or retail establishment, the maximum allowable quantity
being 50 pounds. [§ 55.208(b), 55.21 0(b), 55.21 1 (b)]
50. What is the "American Table of Distances?"
This Table lists the minimum acceptable distances separating high explosives
storage facilities from inhabited buildings, passenger railroads, public
highways, and other explosives storage facilities. This Table is seen in
§ 55.218 of the regulations.
51. When low and high explosives are stored together, how is the distance determined to meet table of distance requirements?
The total weight is considered to be high explosives. The table in § 55.218
would apply.
52. Is it necessary to inspect one's storage facilities on a regular basis?
Yes. Any person storing explosives must inspect his storage facilities at
intervals not greater than seven days to determine whether the contents are
intact or if theft or unauthorized entry has occurred. [§ 55 .204]
53. What are the requirements for relocating an approved storage facility or making changes or additions to the same?
Notification of ATF is usually required. See § 55.63 for details.
54. Is any type of black powder fuse exempt from storage requirements?
Yes, 3/32-inch and other external burning pyrotechnic hobby fuses are exempt from the explosives law and regulations. [§ 55.11: Definition of 'ammunition'; § 55.141]
55. With the exception Of 3/62-inch pyrotechnic safety fuse for use in small arms, must black powder fuses generally be stored in approved storage facilities?
Yes. Igniter fuses, time fuses, blasting fuses, safety fuses, or other black powder fuses by what ever name known, designed for use with high explosives in blasting operations, must be stored in approved storage facilities. [§ 55.11: Definition of 'ammunition'; § 55.182]
59. Are display fireworks considered to be explosives?
Yes. Display fireworks contain chemical mixtures which are classified as
explosive materials in the Explosives List compiled by the Director, ATF.
These fireworks fall within the category of low explosives [§ 55.202(b)),
and are regulated in the same manner as are other low explosives. The Department
of Transportation (DOT) classifies display fireworks as Class B explosives
in 49 CFR 173-88(d).
56. Is smokeless powder for use in small arms ammunition subject to storage requirements?
No. Smokeless powder for use in small arms ammunition is exempt from this
Part (27 CFR Part 55). However, smokeless powder intended for this purpose
is subject to control under 27 CFR Part 178, "Commerce in Firearms and
Ammunition," as a component of ammunition. [§ 55.141; § 178.11: Definition
of 'ammunition']
57. My office building, in which several company employees work during the day in connection with my explosives business, is located in the general area of my explosive storage facility. Do the regulations and the Table of Distances apply to this office building as an inhabited building?
No. A building, such as an office building or repair shop, which is part
of the premises of an explosives licensee or permittee and is used in connection
with the manufacture, transportation, storage, or use of explosive materials
is not an "inhabited building." [§ 55.11: Definition of 'inhabited building']
58. I bought 12 sticks of dynamite to blast stumps on my property. I have four sticks left over. May I give them to my brother, who does not have a Federal explosives license or permit?
You may give them to your brother only if he resides in the same State in
which you reside. If either you or your brother store the dynamite, storage
must be in conformity with Federal regulations. [See Question 47.]
60. What fireworks are exempted from regulation?
Common fireworks which are classified by the Department of Transportation
(DOT) as Class C explosives are exempt from regulation. Common fireworks
are generally small, visible- effects fireworks, but also include small
firecrackers less than 11/2-inch in length and 1/4-inch in diameter with
a pyrotechnic charge of less than two grains. A list of common fireworks
is contained in DOT regulations, 49 CFR § 173.100(r).
61. Is a license required to manufacture fireworks?
No. A manufacturer of fireworks needs to have a license only if he manufactures
fireworks ingredients which constitute explosive materials. (Also see Question
# 63.)
62. Are certain fireworks subject to Federal storage regulations?
Yes. All special or display fireworks which are defined by the Department
of Transportation (DOT) as Class B explosives in 49 CFR 173.88(d) are considered
to be low explosives and must be stored in type 4 storage facilities.
This Class includes all fireworks which are designed to produce an audible
effect and contain a pyrotechnic charge in excess of two grains.
Items such as cherry bombs, silver salutes, and M-80's are illegal fireworks
banned from interstate commerce. (Exception-use by Government Agencies)
63. Would a manufacturer of common fireworks, which are exempt from regulation, need a permit in order to acquire explosive ingredients for fireworks he manufactures?
Yes. If he acquires such ingredients in interstate or foreign commerce.
64. Although a manufacturer of display fireworks has no manufacturer's license because he does not manufacture explosive ingredients for such fireworks, does he need a license to deal in display fireworks?
Yes, he would need a license to deal in display fireworks.