27 Cfr 555.105

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
must revise the furnished copy of the
certified statement only when the information is no longer current.
(3) Delivery of explosive materials by
common or contract carrier. When a common or contract carrier will transport
explosive materials from a distributor
to a distributee who is a licensee or
holder of a user permit, the distributor
must take the following actions before
relinquishing possession of the explosive materials:
(i) Verify the identity of the person
accepting possession for the common
or contract carrier by examining such
person’s valid, unexpired driver’s license issued by any State, Canada, or
Mexico; and
(ii) Record the name of the common
or contract carrier (i.e., the name of
the driver’s employer) and the full
name of the driver. This information
must be maintained in the distributor’s
permanent records in accordance with
§ 555.121.
(4) User-limited permit transactions. A
user-limited permit issued under the
provisions of this part is valid for only
a single purchase transaction and is
not renewable (see § 555.51). Accordingly, at the time a user-limited permittee orders explosive materials, the
licensed distributor must write on the
front of the user-limited permit the
transaction date, his signature, and the
distributor’s license number prior to
returning the permit to the user-limited permittee.
(Approved by the Office of Management and
Budget under control number 1140–0079)

pmangrum on DSK3GDR082PROD with CFR

[ATF No. 1, 68 FR 13787, Mar. 20, 2003, as
amended by ATF No. 2, 68 FR 53512, Sept. 11,
2003]

§ 555.104 Certified copy of license or
permit.
Except as provided in § 555.49(a), each
person issued a license or permit under
this part shall be furnished together
with his license or permit a copy for
his certification. If a person desires an
additional copy of his license or permit
for certification and for use under
§ 555.103, he shall:
(a) Make a reproduction of the copy
of his license or permit and execute the
certification on it;
(b) Make a reproduction of his license
or permit, enter on the reproduction

§ 555.105

the statement: ‘‘I certify that this is a
true copy of a (insert the word license or
permit) issued to me to engage in the
specified business or operations’’, and
sign his name next to the statement; or
(c) Submit a request, in writing, for
certified copies of his license or permit
to the Chief, Federal Explosives Licensing Center. The request will show
the name, trade name (if any), and address of the licensee or permittee and
the number of copies of the license or
permit desired. There is a fee of $1 for
each copy of a license or permit issued
by the Chief, Federal Explosives Licensing Center under this paragraph.
Fee payment must accompany each request for additional copies of a license
or permit. The fee must be paid by (1)
cash, or (2) money order or check made
payable to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; T.D. ATF 2013R–9F, 79 FR 46694, Aug.
11, 2014]

§ 555.105 Distributions to nonlicensees,
nonpermittees, and limited permittees.
(a) Distributions to nonlicensees and
nonpermittees prior to May 24, 2003. (1)
This section will apply in any case
where distribution of explosive materials to the distributee is not otherwise
prohibited by the Act or this part.
(2) Except as provided in paragraph
(a)(3) of this section, a licensed importer, licensed manufacturer, or licensed dealer may distribute explosive
materials to a nonlicensee or nonpermittee if the nonlicensee or nonpermittee is a resident of the same State
in which the licensee’s business premises are located, and the nonlicensee or
nonpermittee furnishes to the licensee
the explosives transaction record, ATF
F 5400.4, required by § 555.126. Disposition of ATF F 5400.4 will be made in accordance with § 555.126.
(3) A licensed importer, licensed
manufacturer, or licensed dealer may
sell or distribute explosive materials to
a resident of a State contiguous to the
State in which the licensee’s place of
business is located if the purchaser’s
State of residence has enacted legislation, currently in force, specifically authorizing a resident of that State to

147

VerDate Sep<11>2014

14:57 May 17, 2017

Jkt 241113

PO 00000

Frm 00157

Fmt 8010

Sfmt 8010

Y:\SGML\241113.XXX

241113

pmangrum on DSK3GDR082PROD with CFR

§ 555.105

27 CFR Ch. II (4–1–17 Edition)

purchase explosive materials in a contiguous State and the purchaser and
the licensee have, prior to the distribution of the explosive materials, complied with all the requirements of paragraphs (a)(2), (a)(5), and (a)(6) of this
section applicable to intrastate transactions occurring on the licensee’s
business premises.
(4) A permittee may dispose of surplus stocks of explosive materials to a
nonlicensee or nonpermittee if the nonlicensee or nonpermittee is a resident
of the same State in which the permittee’s business premises or operations
are located, or is a resident of a State
contiguous to the State in which the
permittee’s place of business or operations are located, and if the requirements of paragraphs (a)(2), (a)(3), (a)(5),
and (a)(6) of this section are fully met.
(5) A licensed importer, licensed
manufacturer, or licensed dealer selling or otherwise distributing explosive
materials to a business entity must
verify the identity of the representative or agent of the business entity
who is authorized to order explosive
materials on behalf of the business entity. Each business entity ordering explosive materials must furnish the distributing licensee prior to or with the
first order of explosive materials a current certified list of the names of representatives or agents authorized to
order explosive materials on behalf of
the business entity. The business entity ordering explosive materials is responsible for keeping the certified list
current. A licensee may not distribute
explosive materials to a business entity on the order of a person whose name
does not appear on the certified list.
(6) Where the possession of explosive
materials is transferred at the distributor’s premises, the distributor must in
all instances verify the identity of the
person accepting possession on behalf
of the distributee before relinquishing
possession. Before the delivery at the
distributor’s premises of explosive materials to an employee of a nonlicensee
or nonpermittee, or to an employee of
a common or contract carrier transporting explosive materials to a nonlicensee or nonpermittee, the distributor delivering explosive materials
must obtain an executed ATF F 5400.8
from the employee before releasing the

explosive materials. The ATF F 5400.8
must contain all of the information required on the form and by this part.
(See examples in § 555.103(a)).
(7) A licensee or permittee disposing
of surplus stock may sell or distribute
commercially
manufactured
black
powder in quantities of 50 pounds or
less to a nonlicensee or nonpermittee if
the black powder is intended to be used
solely for sporting, recreational, or cultural purposes in antique firearms as
defined in 18 U.S.C. 921(a)(16), or in antique devices as exempted from the
term ‘‘destructive device’’ in 18 U.S.C.
921(a)(4).
(b) Distributions to holders of limited
permits on and after May 24, 2003. (1)
This section will apply in any case
where distribution of explosive materials to the distributee is not otherwise
prohibited by the Act or this part.
(2) A licensed importer, licensed
manufacturer or a licensed dealer may
distribute explosive materials to a
holder of a limited permit if such permittee is a resident of the same State
in which the licensee’s business premises are located, the holder of the limited permit presents in person or by
mail ATF Form 5400.4, Limited Permittee Transaction Report (LPTR),
and the licensee completes Form 5400.4
in accordance with § 555.126(b). In no
event will a licensee distribute explosive materials to a holder of a limited
permit unless the holder presents a
Form 5400.4 with an original unaltered
and unexpired Intrastate Purchase of
Explosives Coupon (IPEC), ATF Form
5400.30, affixed. The coupon must bear
the name, address, permit number, and
the coupon number of the limited permittee seeking distribution of the explosives.
(3) A holder of a limited permit is authorized to receive explosive materials
from a licensee or permittee whose
premises are located in the same State
of residence in which the premises of
the holder of the limited permit are located on no more than 6 separate occasions during the one-year period of the
permit. For purposes of this section,
the term ‘‘6 separate occasions’’ means
six deliveries of explosive materials.
Each delivery must—
(i) Relate to a single purchase transaction made on one ATF F 5400.4;

148

VerDate Sep<11>2014

14:57 May 17, 2017

Jkt 241113

PO 00000

Frm 00158

Fmt 8010

Sfmt 8010

Y:\SGML\241113.XXX

241113

pmangrum on DSK3GDR082PROD with CFR

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
(ii) Be referenced on one commercial
invoice or purchase order; and
(iii) Be delivered to the holder of the
limited permit in one shipment delivered at the same time.
(4) A holder of a user permit may dispose of surplus stocks of explosive materials to a licensee or holder of a user
permit, or a holder of a limited permit
who is a resident of the same State in
which the premises of the holder of the
user permit are located. A holder of a
limited permit may dispose of surplus
stocks of explosive materials to another holder of a limited permit who is
a resident of the same State in which
the premises of the distributor are located, if the transaction complies with
the requirements of paragraph (b)(2) of
this section and § 555.126(b). A holder of
a limited permit may also dispose of
surplus stocks of explosive materials to
a licensee or holder of a user permit if
the disposition occurs in the State of
residence of the holder of the limited
permit. (See § 555.103.)
(5) Each holder of a limited permit
ordering explosive materials must furnish the distributing licensee prior to
or with the first order of the explosive
materials a current list of the names of
employees authorized to accept delivery of explosive materials on behalf of
the limited permittee. The distributee
ordering explosive materials must keep
the list current and provide updated
lists to licensees and holders of user
permits on a timely basis. A licensed
importer, licensed manufacturer, licensed dealer, or permittee, selling or
otherwise distributing explosive materials to a holder of a limited permit
must, prior to delivering the explosive
materials, obtain from the limited permittee a current list of persons who are
authorized to accept deliveries of explosive materials on behalf of the limited permittee. A licensee or permittee
may not deliver explosive materials to
a person whose name does not appear
on the list.
(6)(i) Delivery at the distributor’s premises. Where possession of explosive materials is transferred directly to the
distributee at the distributor’s premises, the distributor must obtain an executed Form 5400.4 in accordance with
§ 555.126(b) and must in all instances
verify the identity of the person ac-

§ 555.105

cepting possession on behalf of the distributee by examining an identification document (as defined in § 555.11)
before relinquishing possession.
(ii) Delivery by distributor. Where possession of explosive materials is transferred by the distributor to the distributee away from the distributor’s
premises, the distributor must obtain
an executed Form 5400.4 in accordance
with § 555.126(b) and must in all instances verify the identity of the person accepting possession on behalf of
the distributee by examining an identification document (as defined in
§ 555.11) before relinquishing possession.
(iii) Delivery by common or contract
carrier hired by the distributor. Where a
common or contract carrier hired by
the distributor will transport explosive
materials from the distributor to a
holder of a limited permit:
(A) The limited permittee must,
prior to delivery of the explosive materials, complete the appropriate section
on Form 5400.4, affix to the Form 5400.4
one of the six IPECs he has been issued,
and provide the form to the distributor
in person or by mail.
(B) The distributor must, before relinquishing possession of the explosive
materials to the common or contract
carrier:
(1) Verify the identity of the person
accepting possession for the common
or contract carrier by examining such
person’s valid, unexpired driver’s license issued by any State, Canada, or
Mexico; and
(2) Record the name of the common
or contract carrier (i.e., the name of
the driver’s employer) and the full
name of the driver. This information
must be maintained in the distributor’s
permanent records in accordance with
§ 555.121.
(C) At the time of delivery of the explosive materials, the common or contract carrier, as agent for the distributor, must verify the identity of
the person accepting delivery on behalf
of the distributee, note the type and
number of the identification document
(as defined in § 555.11) and provide this
information to the distributor. The distributor must enter this information in
the appropriate section on Form 5400.4.
(iv) Delivery by common or contract
carrier hired by the distributee. Where a

149

VerDate Sep<11>2014

14:57 May 17, 2017

Jkt 241113

PO 00000

Frm 00159

Fmt 8010

Sfmt 8010

Y:\SGML\241113.XXX

241113

§ 555.106

27 CFR Ch. II (4–1–17 Edition)

common or contract carrier hired by
the distributee will transport explosive
materials from the distributor to a
holder of a limited permit:
(A) The limited permittee must,
prior to delivery of the explosive materials, complete the appropriate section
on Form 5400.4, affix to the Form 5400.4
one of the six IPECs he has been issued,
and provide the form to the distributor
in person or by mail.
(B) Before the delivery at the distributor’s premises to the common or
contract carrier who will transport explosive materials to the holder of a
limited permit, the distributor must:
(1) Verify the identity of the person
accepting possession for the common
or contract carrier by examining such
person’s valid, unexpired driver’s license issued by any State, Canada, or
Mexico; and
(2) Record the name of the common
or contract carrier (i.e., the name of
the driver’s employer) and the full
name of the driver. This information
must be maintained in the distributor’s
permanent records in accordance with
§ 555.121.
(7) A licensee or permittee disposing
of surplus stock may sell or distribute
commercially
manufactured
black
powder in quantities of 50 pounds or
less to a holder of a limited permit,
nonlicensee, or nonpermittee if the
black powder is intended to be used
solely for sporting, recreational, or cultural purposes in antique firearms as
defined in 18 U.S.C. 921(a)(16), or in antique devices as exempted from the
term ‘‘destructive device’’ in 18 U.S.C.
921(a)(4).
(Approved by the Office of Management and
Budget under control number 1140–0075)

pmangrum on DSK3GDR082PROD with CFR

[ATF No. 1, 68 FR 13788, Mar. 20, 2003, as
amended by ATF No. 2, 68 FR 53513, Sept. 11,
2003]

§ 555.106 Certain prohibited distributions.
(a) A licensee or permittee may not
distribute explosive materials to any
person except—
(1) A licensee;
(2) A holder of a user permit; or
(3) A holder of a limited permit who
is a resident of the State where distribution is made and in which the
premises of the transferor are located.

(b) A licensee shall not distribute any
explosive materials to any person:
(1) Who the licensee knows is less
than 21 years of age;
(2) In any State where the purchase,
possession, or use by a person of explosive materials would be in violation of
any State law or any published ordinance applicable at the place of distribution;
(3) Who the licensee has reason to believe intends to transport the explosive
materials into a State where the purchase, possession, or use of explosive
materials is prohibited or which does
not permit its residents to transport or
ship explosive materials into the State
or to receive explosive materials in the
State; or
(4) Who the licensee has reasonable
cause to believe intends to use the explosive materials for other than a lawful purpose.
(c) A licensee shall not distribute any
explosive materials to any person
knowing or having reason to believe
that the person:
(1) Is, except as provided under
§ 555.142 (d) and (e), under indictment or
information for, or was convicted in
any court of, a crime punishable by imprisonment for a term exceeding 1
year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of marijuana,
or any depressant or stimulant drug, or
narcotic drug (as these terms are defined in the Controlled Substances Act,
21 U.S.C. 802);
(4) Was adjudicated as a mental defective or was committed to a mental
institution;
(5) Is an alien, other than an alien
who—
(i) Is lawfully admitted for permanent residence (as that term is defined
in section 101(a)(20) of the Immigration
and Nationality Act (8 U.S.C. 1101));
(ii) Is in lawful nonimmigrant status,
is a refugee admitted under section 207
of the Immigration and Nationality
Act (8 U.S.C. 1157), or is in asylum status under section 208 of the Immigration and Nationality Act (8 U.S.C.
1158), and—
(A) Is a foreign law enforcement officer of a friendly foreign government, as
determined by the Attorney General in
consultation with the Secretary of

150

VerDate Sep<11>2014

14:57 May 17, 2017

Jkt 241113

PO 00000

Frm 00160

Fmt 8010

Sfmt 8010

Y:\SGML\241113.XXX

241113