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Electronic Code of Federal Regulations

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e-CFR Data is current as of February 13, = 2013=20

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Title 27: Alcohol, Tobacco and Firearms
PART=20 555=E2=80=94COMMERCE IN EXPLOSIVES
Subpart=20 D=E2=80=94Licenses and Permits

=C2=A7 555.41 General.

(a) Licenses and permits = issued prior=20 to May 24, 2003. (1) Each person intending to engage in = business as=20 an importer or manufacturer of, or a dealer in, explosive = materials,=20 including black powder, must, before commencing business, obtain = the=20 license required by this subpart for the business to be operated. = Each=20 person who intends to acquire for use explosive materials from a = licensee=20 in a State other than the State in which he resides, or from a = foreign=20 country, or who intends to transport explosive materials in = interstate or=20 foreign commerce, must obtain a permit under this subpart; except = that it=20 is not necessary to obtain a permit if the user intends to = lawfully=20 purchase:

(i) Explosive materials from a licensee in a State contiguous = to the=20 user's State of residence and the user's State of residence has = enacted=20 legislation, currently in force, specifically authorizing a = resident of=20 that State to purchase explosive materials in a contiguous State; = or

(ii) Commercially manufactured black powder in quantities not = to exceed=20 50 pounds, intended to be used solely for sporting, recreational, = or=20 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=20 the required fee (see =C2=A7 555.42), with ATF in accordance = with the=20 instructions on the form (see =C2=A7 555.45). A license will, = subject to=20 law, entitle the licensee to transport, ship, and receive = explosive=20 materials in interstate or foreign commerce, and to engage in the = business=20 specified by the license, at the location described on the = license. A=20 separate license must be obtained for each business premises at = which the=20 applicant is to manufacture, import, or distribute explosive = materials=20 except under the following circumstances:

(i) A separate license will not be required for storage = facilities=20 operated by the licensee as an integral part of one business = premises or=20 to cover a location used by the licensee solely for maintaining = the=20 records required by this part.

(ii) A separate license will not be required of a licensed = manufacturer=20 with respect to his on-site manufacturing.

(iv) A separate license will not be required of licensed = manufacturers=20 with respect to their on-site manufacture of theatrical flash = powder.

(3) Except as provided in paragraph (a)(1) of this section, = each person=20 intending to acquire explosive materials from a licensee in a = State other=20 than a State in which he resides, or from a foreign country, or = who=20 intends to transport explosive materials in interstate or foreign=20 commerce, must file an application, with the required fee (see=20 =C2=A7 555.43), with ATF in accordance with the instructions = on the form=20 (see =C2=A7 555.45). A permit will, subject to law, entitle = the permittee=20 to acquire, transport, ship, and receive in interstate or foreign = commerce=20 explosive materials. Only one permit is required under this = part.

(b) Licenses and permits = issued on and=20 after May 24, 2003 =E2=80=94(1) In=20 general. (i) Each person intending to engage in business as = an=20 importer or manufacturer of, or a dealer in, explosive materials,=20 including black powder, must, before commencing business, obtain = the=20 license required by this subpart for the business to be = operated.

(ii) Each person who intends to acquire for use explosive = materials=20 within the State in which he resides on no more than 6 separate = occasions=20 during the 12-month period in which the permit is valid must = obtain a=20 limited permit under this subpart. (See =C2=A7 555.105(b) for = definition=20 of =E2=80=9C6 separate occasions.=E2=80=9D)

(iii) Each person who intends to acquire for use explosive = materials=20 from a licensee or permittee in a State other than the State in = which he=20 resides, or from a foreign country, or who intends to transport = explosive=20 materials in interstate or foreign commerce, or who intends to = acquire for=20 use explosive materials within the State in which he resides on = more than=20 6 separate occasions during a 12-month period, must obtain a user = permit=20 under this subpart.

(iv) It is not necessary to obtain a permit if the user intends = only to=20 lawfully purchase commercially manufactured black powder in = quantities not=20 to exceed 50 pounds, intended to be used solely for sporting,=20 recreational, or cultural purposes in antique firearms or in = antique=20 devices.

(2) Importers, = manufacturers, and=20 dealers. Each person intending to engage in business as an=20 explosive materials importer, manufacturer, or dealer must file an = application, with the required fee ( see =C2=A7 555.42), with = ATF in=20 accordance with the instructions on the form ( see =C2=A7 555.45). A = license will,=20 subject to law, entitle the licensee to transport, ship, and = receive=20 explosive materials in interstate or foreign commerce, and to = engage in=20 the business specified by the license, at the location described = on the=20 license. A separate license must be obtained for each business = premises at=20 which the applicant is to manufacture, import, or distribute = explosive=20 materials except under the following circumstances:

(ii) A separate license will not be required of a licensed = manufacturer=20 with respect to his on-site manufacturing.

(iii) It will not be necessary for a licensed importer or a = licensed=20 manufacturer (for purposes of sale or distribution) to also obtain = a=20 dealer's license in order to engage in business on his licensed = premises=20 as a dealer in explosive materials. No licensee will be required = to obtain=20 a user permit to lawfully transport, ship, or receive explosive = materials=20 in interstate or foreign commerce.

(iv) A separate license will not be required of licensed = manufacturers=20 with respect to their on-site manufacture of theatrical flash = powder.

(3) Users of explosive=20 materials. (i) A limited permit will, subject to law, = entitle the=20 holder of such permit to receive for his use explosive materials = from a=20 licensee or permittee in his state of residence on no more than 6 = separate=20 occasions during the 12-month period in which the permit is valid. = A=20 limited permit does not authorize the receipt or transportation of = explosive materials in interstate or foreign commerce. Holders of = limited=20 permits who need to receive explosive materials on more than 6 = separate=20 occasions during a 12-month period must obtain a user permit in = accordance=20 with this subpart.

(ii) Each person intending to acquire explosive materials from = a=20 licensee in a State other than a State in which he resides, or = from a=20 foreign country, or who intends to transport explosive materials = in=20 interstate or foreign commerce, must file an application for a = user=20 permit, with the required fee ( see =C2=A7 555.43), with = ATF in=20 accordance with the instructions on the form ( see =C2=A7 555.45). A = user permit will,=20 subject to law, entitle the permittee to transport, ship, and = receive in=20 interstate or foreign commerce explosive materials. Only one user = permit=20 per person is required under this part, irrespective of the number = of=20 locations relating to explosive materials operated by the holder = of the=20 user permit.

(Approved by the Office of Management and Budget = under=20 control number 1140-0083)

[ATF No. 1, 68 FR 13783, Mar. 20, 2003, as amended = by ATF=20 5F, 70 FR 30633, May 27, 2005]

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