27 CFR 555.49 Issuance of license or permit

[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: 27CFR555.49]

[Page 171-172]

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. 555.49 Issuance of license or permit.

(a) Issuance of license or permit prior to May 24, 2003. (1) The
Chief, Firearms and Explosives Licensing Center, will issue a license or
permit if--
(i) A properly executed application for the license or permit is
received; and
(ii) Through further inquiry or investigation, or otherwise, it is
found that the applicant is entitled to the license or permit.
(2) The Chief, Firearms and Explosives Licensing Center, will
approve a properly executed application for a license or permit, if:
(i) The applicant is 21 years of age or over;
(ii) The applicant (including, in the case of a corporation,
partnership, or association, any individual possessing, directly or
indirectly, the power to direct or cause the direction of the management
and policies of the corporation, partnership, or association) is not a
person to whom distribution of explosive materials is prohibited under
the Act;
(iii) The applicant has not willfully violated any provisions of the
Act or this part;
(iv) The applicant has not knowingly withheld information or has not
made any false or fictitious statement intended or likely to deceive, in
connection with his application;
(v) The applicant has in a State, premises from which he conducts
business or operations subject to license or permit under the Act or
from which he intends to conduct business or operations;
(vi) The applicant has storage for the class (as described in Sec.
555.202) of explosive materials described on the application, unless he
establishes to the satisfaction of the Chief, Firearms and Explosives
Licensing Center, that the business or operations to be conducted will
not require the storage of explosive materials;
(vii) The applicant has certified in writing that he 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; and
(viii) The applicant for a license has submitted the certificate
required by section 21 of the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1341).
(3) The Chief, Firearms and Explosives Licensing Center, will
approve or the regional director (compliance) will deny any application
for a license or permit within the 45-day period beginning on the date a
properly executed application was received. However, when an applicant
for license or permit renewal is a person who is, under the provisions
of Sec. 555.83 or Sec. 555.142, conducting business or operations
under a previously issued license or permit, action regarding the
application will be held in abeyance pending the completion of the
proceedings against the applicant's existing license or permit, or
renewal application, or final action by the Director on an application
for relief submitted under Sec. 555.142, as the case may be.
(4) The license or permit and one copy will be forwarded to the
applicant, except that in the case of a user-limited permit, the
original only will be issued.
(5) Each license or permit will bear a serial number and this number
may be assigned to the licensee or permittee to whom issued for as long
as he maintains continuity of renewal in the same region.
(b) Issuance of license or permit on and after May 24, 2003. (1) The
Chief, Firearms and Explosives Licensing Center, will issue a license or
permit if:

[[Page 172]]

(i) A properly executed application for the license or permit is
received; and
(ii) Through further inquiry or investigation, or otherwise, it is
found that the applicant is entitled to the license or permit.
(2) The Chief, Firearms and Explosives Licensing Center, will
approve a properly executed application for a license or permit, if:
(i) The applicant (or, if the applicant is a corporation,
partnership, or association, each responsible person with respect to the
applicant) is not a person described in any paragraph of section 842(i)
of the Act;
(ii) The applicant has not willfully violated any provisions of the
Act or this part;
(iii) The applicant has not knowingly withheld information or has
not made any false or fictitious statement intended or likely to
deceive, in connection with his application;
(iv) The applicant has in a State, premises from which he conducts
business or operations subject to license or permit under the Act or
from which he intends to conduct business or operations;
(v) The applicant has storage for the class (as described in Sec.
555.202) of explosive materials described on the application;
(vi) The applicant has certified in writing that he 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;
(vii) The applicant for a license has submitted the certificate
required by section 21 of the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1341);
(viii) None of the employees of the applicant who will be authorized
by the applicant to possess explosive materials is a person described in
any paragraph of section 842(i) of the Act; and
(ix) In the case of an applicant for a limited permit, the applicant
has certified in writing that the applicant will not receive explosive
materials on more than 6 separate occasions during the 12-month period
for which the limited permit is valid.
(3) The Chief, Firearms and Explosives Licensing Center, will
approve or the regional director (compliance) will deny any application
for a license or permit within the 90-day period beginning on the date a
properly executed application was received. However, when an applicant
for license or permit renewal is a person who is, under the provisions
of Sec. 555.83 or Sec. 555.142, conducting business or operations
under a previously issued license or permit, action regarding the
application will be held in abeyance pending the completion of the
proceedings against the applicant's existing license or permit, or
renewal application, or final action by the Director on an application
for relief submitted under Sec. 555.142, as the case may be.
(4) The license or permit and one copy will be forwarded to the
applicant, except that in the case of a user-limited permit, the
original only will be issued.
(5) Each license or permit will bear a serial number and this number
may be assigned to the licensee or permittee to whom issued for as long
as he maintains continuity of renewal in the same region.

(Approved by the Office of Management and Budget under control number
1140-0082)

[ATF No. 1, 68 FR 13785, Mar. 20, 2003]