27 Cfr 555.45

[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR555.45]

[Page 169-170]

TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 555_COMMERCE IN EXPLOSIVES--Table of Contents

Subpart D_Licenses and Permits

Sec. 555.45 Original license or permit.

(a) Licenses issued prior to May 24, 2003. Any person who intends to
engage in business as an explosive materials importer, manufacturer, or
dealer, or who has not timely submitted application for renewal of a
previous license issued under this part, shall file with ATF an
application for License, Explosives, ATF F 5400.13 with ATF in
accordance with the instructions on the form. The application must be
executed under the penalties of perjury and the penalties imposed by 18
U.S.C. 844(a). The application is to be accompanied by the appropriate
fee in the form of a money order or check made payable to the Bureau of
Alcohol, Tobacco and Firearms. ATF F 5400.13 may be obtained from any
ATF office. The Chief, Firearms and Explosives Licensing Center, will
not approve an application postmarked on or after March 20, 2003, unless
it is submitted with a Responsible Person Questionnaire, ATF Form
5400.28. Form 5400.28 must be completed in accordance with the
instructions on the form.
(b) Permits issued prior to May 24, 2003. Any person, except as
provided in Sec. 555.41(a), who intends to acquire explosive materials
from a licensee in a state other than the State in which that person
resides, or from a foreign country, or who intends to transport
explosive materials in interstate or foreign commerce, or who has not
timely submitted application for renewal of a previous permit issued
under this part, shall file an application for Permit, Explosives, ATF F
5400.16 or Permit, User Limited Special Fireworks, ATF F 5400.21 with
ATF in accordance with the instructions on the form. The application
must be executed under the penalties of perjury and the penalties
imposed by 18 U.S.C. 844(a). The application is to be accompanied by the
appropriate fee in the form of a money order or check made payable to
the Bureau of Alcohol, Tobacco and Firearms. ATF F 5400.16 and ATF F
5400.21 may be obtained from any ATF office. The Chief, Firearms and
Explosives Licensing Center, will not approve an application postmarked
on or after March 20, 2003, unless it is submitted with a Responsible
Person Questionnaire, ATF Form 5400.28. Form 5400.28 must be completed
in accordance with the instructions on the form.
(c) Licenses and permits issued on and after May 24, 2003. (1)
License. Any person who intends to engage in the business as an importer
of, manufacturer of, or dealer in explosive materials, or who has not
timely submitted an application for renewal of a previous license issued
under this part, must file an application for License, Explosives, ATF F
5400.13, with ATF in accordance with the instructions on the form. ATF
Form 5400.13 may be obtained by contacting any ATF office. The
application must:
(i) Be executed under the penalties of perjury and the penalties
imposed by 18 U.S.C. 844(a);

[[Page 170]]

(ii) Include appropriate identifying information concerning each
responsible person;
(iii) Include a photograph and fingerprints for each responsible
person;
(iv) Include the names of and appropriate identifying information
regarding all employees who will be authorized by the applicant to
possess explosive materials by submitting ATF F 5400.28 for each
employee; and
(v) Include the appropriate fee in the form of money order or check
made payable to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
(2) User permit and limited permit. Except as provided in Sec.
555.41(b)(1)(iv), any person who intends to acquire explosive materials
in the State in which that person resides or acquire explosive materials
from a licensee or holder of a user permit in a State other than the
State in which that person resides, or from a foreign country, or who
intends to transport explosive materials in interstate or foreign
commerce, or who has not timely submitted an application for renewal of
a previous permit issued under this part, must file an application for
Permit, Explosives, ATF F 5400.16 or Permit, User Limited Display
Fireworks, ATF F 5400.21 with ATF in accordance with the instructions on
the form. ATF Form 5400.16 and ATF Form 5400.21 may be obtained by
contacting any ATF office. The application must:
(i) Be executed under the penalties of perjury and the penalties
imposed by 18 U.S.C. 844(a);
(ii) Include a photograph, fingerprints, and appropriate identifying
information for each responsible person;
(iii) Include the names of and appropriate identifying information
regarding all employees who will be authorized by the applicant to
possess explosive materials by submitting ATF F 5400.28 for each
employee; and
(iv) Include the appropriate fee in the form of money order or check
made payable to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
(3) The Chief, Firearms and Explosives Licensing Center, will
conduct background checks on responsible persons and employees
authorized by the applicant to possess explosive materials in accordance
with Sec. 555.33. If it is determined that any responsible person or
employee is described in any paragraph of section 842(i) of the Act, the
applicant must submit an amended application indicating removal or
reassignment of that person before the license or permit will be issued.

(Approved by the Office of Management and Budget under control number
1140-0083)

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226))

[T.D. ATF-200, 50 FR 10497, Mar. 15, 1985, as amended by T.D. ATF-400,
63 FR 45002, Aug. 24, 1998; ATF No. 1, 68 FR 13785, Mar. 20, 2003]