[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]