27 CFR 555.41 license and Permits General

27 CFR 555.41.htm

Application for Limited Permit

27 CFR 555.41 license and Permits General

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[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: 27CFR555.41]

[Page 167-168]
 
            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. 555.41  General.


    (a) Licenses and permits issued prior to May 24, 2003. (1) Each 
person intending to engage in business as an importer or manufacturer 
of, or a dealer in, explosive materials, including black powder, must, 
before commencing business, obtain the license required by this subpart 
for the business to be operated. Each person who intends to acquire for 
use explosive materials from a licensee in a State other than the State 
in which he resides, or from a foreign country, or who intends to 
transport explosive materials in interstate or foreign commerce, must 
obtain a permit under this subpart; except that it is not necessary to 
obtain a permit if the user intends to lawfully purchase:
    (i) Explosive materials from a licensee in a State contiguous to the 
user's State of residence and the user's State of residence has enacted 
legislation, currently in force, specifically authorizing a resident of 
that State to purchase explosive materials in a contiguous State; or
    (ii) Commercially manufactured black powder in quantities not to 
exceed 50 pounds, intended to be used solely for sporting, recreational, 
or cultural purposes in antique firearms or in antique devices.
    (2) Each person intending to engage in business as an explosive 
materials importer, manufacturer, or dealer must file an application, 
with the required fee (see Sec. 555.42), with ATF in accordance with 
the instructions on the form (see Sec. 555.45). A license will, subject 
to law, entitle the licensee to transport, ship, and receive explosive 
materials in interstate or foreign commerce, and to engage in the 
business specified by the license, at the location described on the 
license. A separate license must be obtained for each business premises 
at which the applicant is to manufacture, import, or distribute 
explosive materials except under the following circumstances:
    (i) A separate license will not be required for storage facilities 
operated by the licensee as an integral part of one business premises or 
to cover a location used by the licensee solely for maintaining the 
records required by this part.
    (ii) A separate license will not be required of a licensed 
manufacturer with respect to his on-site manufacturing.
    (iii) It will not be necessary for a licensed importer or a licensed 
manufacturer (for purposes of sale or distribution) to also obtain a 
dealer's license in order to engage in business on his licensed premises 
as a dealer in explosive materials.
    (iv) A separate license will not be required of licensed 
manufacturers with respect to their on-site manufacture of theatrical 
flash powder.
    (3) Except as provided in paragraph (a)(1) of this section, each 
person intending to acquire explosive materials from a licensee in a 
State other than a State in which he resides, or from a foreign country, 
or who intends to transport explosive materials in interstate or foreign 
commerce, must file an application, with the required fee (see Sec. 
555.43), with ATF in accordance with the instructions on the form (see 
Sec. 555.45). A permit will, subject to law, entitle the permittee to 
acquire, transport, ship, and receive in interstate or foreign commerce 
explosive materials of the class authorized by this permit. Only one 
permit is required under this part.
    (b) Licenses and permits issued on and after May 24, 2003. (1) In 
general. (i) Each person intending to engage in business as an importer 
or manufacturer of, or a dealer in, explosive materials, including black 
powder, must, before commencing business, obtain the license required by 
this subpart for the business to be operated.
    (ii) Each person who intends to acquire for use explosive materials 
within the State in which he resides on no more than 6 separate 
occasions during

[[Page 168]]

the 12-month period in which the permit is valid must obtain a limited 
permit under this subpart. (See Sec. 555.105(b) for definition of ``6 
separate occasions.'')
    (iii) Each person who intends to acquire for use explosive materials 
from a licensee or permittee in a State other than the State in which he 
resides, or from a foreign country, or who intends to transport 
explosive materials in interstate or foreign commerce, or who intends to 
acquire for use explosive materials within the State in which he resides 
on more than 6 separate occasions during a 12-month period, must obtain 
a user permit under this subpart.
    (iv) It is not necessary to obtain a permit if the user intends only 
to lawfully purchase commercially manufactured black powder in 
quantities not to exceed 50 pounds, intended to be used solely for 
sporting, recreational, or cultural purposes in antique firearms or in 
antique devices.
    (2) Importers, manufacturers, and dealers. Each person intending to 
engage in business as an explosive materials importer, manufacturer, or 
dealer must file an application, with the required fee (see Sec. 
555.42), with ATF in accordance with the instructions on the form (see 
Sec. 555.45). A license will, subject to law, entitle the licensee to 
transport, ship, and receive explosive materials in interstate or 
foreign commerce, and to engage in the business specified by the 
license, at the location described on the license. A separate license 
must be obtained for each business premises at which the applicant is to 
manufacture, import, or distribute explosive materials except under the 
following circumstances:
    (i) A separate license will not be required for storage facilities 
operated by the licensee as an integral part of one business premises or 
to cover a location used by the licensee solely for maintaining the 
records required by this part.
    (ii) A separate license will not be required of a licensed 
manufacturer with respect to his on-site manufacturing.
    (iii) It will not be necessary for a licensed importer or a licensed 
manufacturer (for purposes of sale or distribution) to also obtain a 
dealer's license in order to engage in business on his licensed premises 
as a dealer in explosive materials. No licensee will be required to 
obtain a user permit to lawfully transport, ship, or receive explosive 
materials in interstate or foreign commerce.
    (iv) A separate license will not be required of licensed 
manufacturers with respect to their on-site manufacture of theatrical 
flash powder.
    (3) Users of explosive materials. (i) A limited permit will, subject 
to law, entitle the holder of such permit to receive for his use 
explosive materials from a licensee or permittee in his state of 
residence on no more than 6 separate occasions during the 12-month 
period in which the permit is valid. A limited permit does not authorize 
the receipt or transportation of explosive materials in interstate or 
foreign commerce. Holders of limited permits who need to receive 
explosive materials on more than 6 separate occasions during a 12-month 
period must obtain a user permit in accordance with this subpart.
    (ii) Each person intending to acquire explosive materials from a 
licensee in a State other than a State in which he resides, or from a 
foreign country, or who intends to transport explosive materials in 
interstate or foreign commerce, must file an application for a user 
permit, with the required fee (see Sec. 555.43), with ATF in accordance 
with the instructions on the form (see Sec. 555.45). A user permit 
will, subject to law, entitle the permittee to transport, ship, and 
receive in interstate or foreign commerce explosive materials of the 
class authorized by this permit. Only one user permit per person is 
required under this part, irrespective of the number of locations 
relating to explosive materials operated by the holder of the user 
permit.

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

[ATF No. 1, 68 FR 13783, Mar. 20, 2003]




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