27 Cfr 555.41

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
elapsed since discovery, report the
matter to the Director by telephoning
1–888–ATF-BOMB (nationwide toll free
number). The report will explain in detail the circumstances of the theft,
loss, or destruction and will include all
known facts that may serve to identify
the document. Upon receipt of the report, the Director will make such investigation as appears appropriate and
may issue a duplicate document upon
such conditions as the circumstances
warrant.
(Approved by the Office of Management and
Budget under control number 1140–0077)
[ATF No. 1, 68 FR 13783, Mar. 20, 2003]

pmangrum on DSK3GDR082PROD with CFR

Subpart D—Licenses and Permits
§ 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 § 555.42), with ATF in accordance with the instructions on the form

§ 555.41

(see § 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
§ 555.43), with ATF in accordance with
the instructions on the form (see
§ 555.45). A permit will, subject to law,
entitle the permittee to acquire, transport, ship, and receive in interstate or
foreign commerce explosive materials.
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.

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pmangrum on DSK3GDR082PROD with CFR

§ 555.41

27 CFR Ch. II (4–1–17 Edition)

(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
the 12-month period in which the permit is valid must obtain a limited permit under this subpart. (See § 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 § 555.42), with ATF in accordance with the instructions on the form
(see § 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
§ 555.43), with ATF in accordance with
the instructions on the form (see
§ 555.45). A user permit will, subject to
law, entitle the permittee to transport,
ship, and receive in interstate or foreign commerce explosive materials.
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, as
amended by ATF 5F, 70 FR 30633, May 27,
2005]

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