27 CFR 555.41 General

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
government entity or official furnished
in support of an appeal must be certified by the court or other government
entity or official as a true copy. In the
case of an employee, or responsible person who did not submit fingerprints,
such appeal must be accompanied by
two properly completed FBI Forms
FD–258 (fingerprint card). The Director
will advise the individual in writing of
his decision and the reasons for the decision.
(2) Employees. The letter of denial,
among other things, will advise an employee who elects to challenge an adverse determination to submit the fingerprint cards as described above. The
employee also will be advised of the
agency name and address that originated the record containing the information causing the adverse determination (‘‘originating agency’’). At that
time, and where appropriate, an employee is encouraged to apply to the
originating agency to challenge the accuracy of the record(s) upon which the
denial is based. The originating agency
may respond to the individual’s application by addressing the individual’s
specific reasons for the challenge, and
by indicating whether additional information or documents are required. If
the record is corrected as a result of
the application to the originating
agency, the individual may so notify
ATF which will, in turn, verify the
record correction with the originating
agency and take all necessary steps to
contact the agency responsible for the
record system and correct the record.
The employee may provide to ATF additional and appropriate documentation or record(s) establishing the legal
and/or factual basis for the challenge
to ATF’s decision to uphold the initial
denial. If ATF does not receive such additional documentation or record(s)
within 45 days of the date of the decision upholding the initial denial, ATF
will close the appeal.
(3) Responsible persons. The letter of
denial, among other things, will advise
a responsible person of the agency
name and address which originated the
record containing the information
causing the adverse determination
(‘‘originating agency’’). A responsible
person who elects to challenge the adverse determination, where appro-

priate, is encouraged to apply to the
originating agency to challenge the accuracy of the record(s) upon which the
denial is based. The originating agency
may respond to the individual’s application by addressing the individual’s
specific reasons for the challenge, and
by indicating whether additional information or documents are required. If
the record is corrected as a result of
the application to the originating
agency, the individual may so notify
ATF which will, in turn, verify the
record correction with the originating
agency and take all necessary steps to
contact the agency responsible for the
record system and correct the record.
A responsible person may provide additional documentation or records as
specified for employees in paragraph
(b)(2) of this section.
(Approved by the Office of Management and
Budget under control number 1140–0081)
[ATF No. 1, 68 FR 13783, Mar. 20, 2003, as
amended by ATF 2017R–21, 84 FR 13799, Apr.
8, 2019]

§ 555.34 Replacement of stolen or lost
ATF Form 5400.30 (Intrastate Purchase
of
Explosives
Coupon
(IPEC)).
When any Form 5400.30 is stolen, lost,
or destroyed, the person losing possession will, upon discovery of the theft,
loss, or destruction, immediately, but
in all cases before 24 hours have
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]

Subpart D—Licenses and Permits
§ 555.41

General.

(a) [Reserved]

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§ 555.41

27 CFR Ch. II (4–1–20 Edition)

(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.
(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

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
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; ATF 2017R–21, 84 FR 13799, Apr. 8, 2019]

§ 555.42 License fees.
(a) Each applicant shall pay a fee for
obtaining a three year license, a separate fee being required for each business premises, as follows:
(1) Manufacturer—$200.
(2) Importer—$200.
(3) Dealer—$200.
(b) Each applicant for a renewal of a
license shall pay a fee for a three year
license as follows:
(1) Manufacturer—$100.
(2) Importer—$100.
(3) Dealer—$100.
[T.D. ATF–400, 63 FR 45002, Aug. 24, 1998]

§ 555.43 Permit fees.
(a) Each applicant must pay a fee for
obtaining a permit as follows:
(1) User—$100 for a three-year period.
(2) User-limited (nonrenewable)—$75.
(3) Limited—$25 for a one-year period.
(b)(1) Each applicant for renewal of a
user permit must pay a fee of $50 for a
three-year period.
(2) Each applicant for renewal of a
limited permit must pay a fee of $12 for
a one-year period.
[ATF No. 1, 68 FR 13785, Mar. 20, 2003]

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§ 555.44 License or permit fee not refundable.
No refund of any part of the amount
paid as a license or permit fee will be
made where the operations of the licensee or permittee are, for any reason,
discontinued during the period of an
issued license or permit. However, the
license or permit fee submitted with an
application for a license or permit will
be refunded if that application is denied, withdrawn, or abandoned, or if a
license is cancelled subsequent to having been issued through administrative
error.
§ 555.45 Original license or permit.
(a)–(b) [Reserved]

(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);
(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 § 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);

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