27 CFR Part 555.142 Relief from Disabilities

[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: 27CFR555.142]

[Page 196-198]

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 H_Exemptions

Sec. 555.142 Relief from disabilities (effective January 24, 2003).

(a) Any person prohibited from shipping or transporting any
explosive in or affecting interstate or foreign commerce or from
receiving or possessing any explosive which has been shipped or
transported in or affecting interstate or foreign commerce may make
application for relief from disabilities under section 845(b) of the Act
.
(b) An application for relief from disabilities must be filed with
the Director by submitting ATF Form 5400.29, Application for Restoration
of Explosives Privileges, in accordance with the instructions on the
form. The application must be supported by appropriate data, including
the information specified in paragraph (f) of this section. Upon receipt
of an incomplete or improperly executed application for relief, the
applicant will be notified of the deficiency in the application. If the
application is not corrected and returned within 30 days following the
date of notification, the application will be considered abandoned.
(c)(1) The Director may grant relief to an applicant if it is
established to the satisfaction of the Director that the circumstances
regarding the disability and the applicant's record and reputation are
such that the applicant

[[Page 197]]

will not be likely to act in a manner dangerous to public safety and
that the granting of such relief is not contrary to the public interest.
(2) Except as provided in paragraph (c)(3) of this section, the
Director will not grant relief if the applicant--
(i) Has not been discharged from parole or probation for a period of
at least 2 years;
(ii) Is a fugitive from justice;
(iii) Is a prohibited alien;
(iv) Is an unlawful user of or addicted to any controlled substance;
(v) Has been adjudicated a mental defective or committed to a mental
institution, unless the applicant was subsequently determined by a
court, board, commission, or other lawful authority to have been
restored to mental competency, to be no longer suffering from a mental
disorder, and to have had all rights restored; or
(vi) Is prohibited by the law of the State where the applicant
resides from receiving or possessing explosive materials.
(3)(i) The Director may grant relief to aliens who have been
lawfully admitted to the United States or to persons who have not been
discharged from parole or probation for a period of at least 2 years if
he determines that the applicant has a compelling need to possess
explosives, such as for purposes of employment.
(ii) The Director may grant relief to the persons identified in
paragraph (c)(2) of this section in extraordinary circumstances where
the granting of such relief is consistent with the public interest.
(d) A person who has been granted relief under this section is
relieved of all disabilities imposed by the Act for the disabilities
disclosed in the application. The granting of relief will not affect any
disabilities incurred subsequent to the date the application was filed.
Relief from disabilities granted to aliens will be effective only so
long as the alien retains his or her lawful immigration status.
(e)(1) A licensee or permittee who is under indictment or
information for, or convicted of, a crime punishable by imprisonment for
a term exceeding one year during the term of a current license or
permit, or while he has pending a license or permit renewal application,
shall not be barred from licensed or permit operations for 30 days after
the date of indictment or information or 30 days after the date upon
which his conviction becomes final. Also, if he files his application
for relief under this section within such 30 day period, he may further
continue licensed or permit operations while his application is pending.
A licensee or permittee who does not file an application within 30 days
from the date of his indictment or information, or within 30 days from
the date his conviction becomes final, shall not continue licensed or
permit operations beyond 30 days from the date of his indictment or
information or beyond 30 days from the date his conviction becomes
final.
(2) In the event the term of a license or permit of a person expires
during the 30 day period following the date of indictment of information
of during the 30 day period after the date upon which his conviction
becomes final or while his application for relief is pending, he shall
file a timely application for renewal of his license or permit in order
to continue licensed or permit operations. The license or permit
application is to show that the applicant has been indicted or under
information for, or convicted of, a crime punishable by imprisonment for
a term exceeding one year.
(3) A licensee or permittee shall not continue licensed or permit
operations beyond 30 days following the date the Director issues
notification that the licensee's or permittee's application for removal
of the disabilities resulting from an indictment, information or
conviction has been denied.
(4) When a licensee or permittee may no longer continue licensed or
permit operations under this section, any application for renewal of
license of permit filed by the licensee or permittee while his
application for removal of disabilities resulting from an indictment,
information or conviction is pending, will be denied by the regional
director (compliance).
(f)(1) Applications for relief from disabilities must include the
following information:
(i) In the case of a corporation, or of any person having the power
to direct

[[Page 198]]

or control the management of the corporation, information as to the
absence of culpability in the offense for which the corporation, or any
such person, was indicted, formally accused or convicted;
(ii) In the case of an applicant who is an individual, two properly
completed FBI Forms FD-258 (fingerprint card), and a written statement
from each of three references who are not related to the applicant by
blood or marriage and have known the applicant for at least 3 years,
recommending the granting of relief;
(iii) Written consent to examine and obtain copies of records and to
receive statements and information regarding the applicant's background,
including records, statements and other information concerning
employment, medical history, military service, immigration status, and
criminal record;
(iv) In the case of an applicant having been convicted of a crime
punishable by imprisonment for a term exceeding one year, a copy of the
indictment or information on which the applicant was convicted, the
judgment of conviction or record of any plea of nolo contendere or plea
of guilty or finding of guilt by the court;
(v) In the case of an applicant under indictment, a copy of the
indictment or information;
(vi) In the case of an applicant who has been adjudicated a mental
defective or committed to a mental institution, a copy of the order of a
court, board, commission, or other lawful authority that made the
adjudication or ordered the commitment, any petition that sought to have
the applicant so adjudicated or committed, any medical records
reflecting the reasons for commitment and diagnoses of the applicant,
and any court order or finding of a court, board, commission, or other
lawful authority showing the applicant's discharge from commitment,
restoration of mental competency and the restoration of rights;
(vii) In the case of an applicant who has been discharged from the
Armed Forces under dishonorable conditions, a copy of the applicant's
Certificate of Release or Discharge from Active Duty (Department of
Defense Form 214), Charge Sheet (Department of Defense Form 458), and
final court martial order;
(viii) In the case of an applicant who, having been a citizen of the
United States, has renounced his or her citizenship, a copy of the
formal renunciation of nationality before a diplomatic or consular
officer of the United States in a foreign state or before an officer
designated by the Attorney General when the United States was in a state
of war (see 8 U.S.C. 1481(a)(5) and (6)); and
(ix) In the case of an applicant who is an alien, documentation that
the applicant is an alien who has been lawfully admitted to the United
States; certification from the applicant including the applicant's INS-
issued alien number or admission number, country/countries of
citizenship, and immigration status, and certifying that the applicant
is legally authorized to work in the United States, or other purposes
for which possession of explosives is required; certification from an
appropriate law enforcement agency of the applicant's country of
citizenship stating that the applicant does not have a criminal record;
and, if applicable, certification from a Federal explosives licensee or
permittee or other employer stating that the applicant is employed by
the employer and must possess explosive materials for purposes of
employment. These certifications must be submitted in English.
(2) Any record or document of a court or other government entity or
official required by paragraph (f)(1) of this section must be certified
by the court or other government entity or official as a true copy.

(Approved by the Office of Management and Budget under control number
1140-0076)

[T.D. ATF-87, 46 FR 40384, Aug. 7, 1981. Redesignated by T.D. ATF-487,
68 FR 3748, Jan. 24, 2003. ATF No. 1, 68 FR 13792, Mar. 20, 2003]