27 CFR Part 555.142 Relief from Disabilities

erowe on DSK5CLS3C1PROD with CFR

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
§ 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
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

§ 555.142

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

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erowe on DSK5CLS3C1PROD with CFR

§ 555.142

27 CFR Ch. II (4–1–10 Edition)

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
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 punish-

able 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;

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
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.

who knowingly makes any false entry
in any record required to be kept under
subpart G of this part, shall be fined
not more than $10,000 or imprisoned not
more than 10 years, or both.

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

(a) Any person who has knowledge of
the theft or loss of any explosive materials from his stock and fails to report
the theft or loss within 24 hours of discovery in accordance with § 555.30, shall
be fined not more than $1,000 or imprisoned not more than one year, or both.
(b) On and after January 24, 2003, any
licensee or permittee who fails to report a theft of explosive materials in
accordance with § 555.30 will be fined
under title 18 U.S.C., imprisoned not
more than 5 years, or both.

[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]

Subpart I—Unlawful Acts,
Penalties, Seizures and Forfeitures
§ 555.161 Engaging in business without
a license.
Any person engaging in the business
of importing, manufacturing, or dealing in explosive materials without a license issued under the Act, shall be
fined not more than $10,000 or imprisoned not more than 10 years, or both.
§ 555.162 False statement or representation.
Any person who knowingly withholds
information or makes any false or fictitious oral or written statement or
furnishes or exhibits any false, fictitious, or misrepresented identification,
intended or likely to deceive for the
purpose of obtaining explosive materials, or a license, permit, exemption,
or relief from disability under the Act,
shall be fined not more than $10,000 or
imprisoned not more than 10 years, or
both.
§ 555.163

False entry in record.

Any licensed importer, licensed manufacturer, licensed dealer, or permittee
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§ 555.166

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–400, 63 FR 45003, Aug.
24, 1998]

§ 555.164

Unlawful storage.

Any person who stores any explosive
material in a manner not in conformity with this part, shall be fined
not more than $1,000 or imprisoned not
more than one year, or both.
§ 555.165
loss.

Failure to report theft or

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by ATF No. 1, 68 FR 13793, Mar. 20,
2003]

§ 555.166

Seizure or forfeiture.

Any explosive materials involved or
used or intended to be used in any violation of the Act or of this part or in
any violation of any criminal law of
the United States are subject to seizure
and forfeiture, and all provisions of
title 26, U.S.C. relating to the seizure,
forfeiture, and disposition of firearms,
as defined in 26 U.S.C. 5845(a), will, so
far as applicable, extend to seizures
and forfeitures under the Act. (See
§ 72.27 of this title for regulations on
summary destruction of explosive materials which are impracticable or unsafe to remove to a place of storage.)
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–363, 60 FR 17449, Apr.
6, 1995]

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