U.S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Office of Enforcement Programs and Services

2012

Federal Explosives Law

and Regulations



Table of Contents

Organized Crime Control Act of 1970, Title XI ..................................................................... 1

Title 18, United States Code, Sec. 1102, Chapter 40. Importation, Manufacture, 

Distribution and Storage of Explosive Materials .......................................................................... 1

841. Definitions.......................................................................................................................................... 1

842. Unlawful Acts..................................................................................................................................... 2

843. Licenses and User Permits ................................................................................................................. 5

844. Penalties.............................................................................................................................................. 6

845. Exceptions; Relief From Disabilities ................................................................................................. 8

846. Additional Powers of the Attorney General........................................................................................ 9

847. Rules and Regulations........................................................................................................................ 9

848. Effect on State Law .......................................................................................................................... 10

Title 27, Code of Federal Regulations, 

Part 555—Commerce in Explosives ............................................................................................... 11

Subpart A—Introduction.......................................................................................................................... 13

Subpart B—Definitions ........................................................................................................................... 13

Subpart C—Administrative and Miscellaneous Provisions..................................................................... 18

Subpart D—Licenses and Permits............................................................................................................ 22

Subpart E—License and Permit Proceedings........................................................................................... 29

Subpart F—Conduct of Business or Operations...................................................................................... 32

Subpart G—Records and Reports............................................................................................................ 38

Subpart H—Exemptions .......................................................................................................................... 44

Subpart I—Unlawful Acts, Penalties, Seizures and Forfeitures............................................................... 46

Subpart J—Marking of Plastic Explosives............................................................................................... 47

Subpart K—Storage ................................................................................................................................. 49

Tables of Distances for Storage ...................................................................................................... 55

Questions and Answers ................................................................................................................ 59

ATF Explosives Rulings ................................................................................................................. 73

Appendices To Ruling 77-24, Alternate Magazine Construction Standards for Storage 

of Electric Blasting Caps with Other Explosive Materials are Prescribed............................................... 97

Appendix A Diagram: Permanently Mounted Containers For Vehicle Storage ....................................... 97

Appendix B Diagram: Built-in Compartments For Vehicle Storage........................................................ 97

Appendix C Diagram: Laminate Construction For Vehicle Storage ........................................................ 98

Appendix D Diagram: Alternate Laminate Construction For Permanently Mounted Containers........... 98

Appendix E Diagram: Portable Wheeled Trailers.................................................................................... 98

General Information ........................................................................................................................ 99

Effect of 18 U.S.C. Chapter 40 On the Fireworks Industry...................................................................... 99

Explosives Dealer’s and User’s Guide to Federal Explosives Regulation .............................................. 100

Black Powder Transactions..................................................................................................................... 100

Explosives Security ................................................................................................................................ 100

Additional Information........................................................................................................................... 101

List of Explosive Materials .................................................................................................................... 102 

Organized Crime Control Act of 1970, Title XI

Editor’s Note: The sections of law set out herein were added 

by Public Law 91–452, Title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 

952-959, and remain un-changed unless otherwise footnoted. 

Sec.

841. Definitions

842. Unlawful acts

843. Licenses and user permits

844. Penalties

845. Exceptions; relief from disabilities

846. Additional powers of the Attorney General

847. Rules and regulations

848. Effect on State law

§   841. Definitions

As used in this chapter—

(a) “Person” means any individual, corporation, company, 

association, firm, partnership, society, or joint stock company.

(b) “Interstate or foreign commerce” means commerce 

between any place in a State and any place outside of that State, 

or within any possession of the United States (not including the 

Canal Zone) or the District of Columbia, and commerce between 

places within the same State but through any place outside of that 

State. “State” includes the District of Columbia, the 

Commonwealth of Puerto Rico, and the possessions of the United 

States (not including the Canal Zone).

(c) “Explosive materials” means explosives, blasting agents, 

and detonators.

(d) Except for the purposes of subsections (d), (e), (f), (g), (h), 

(i), and (j) of section 844 of this title, “explosives” means any 

chemical compound mixture, or device, the primary or common 

purpose of which is to function by explosion; the term includes, 

but is not limited to, dynamite and other high explosives, black 

powder, pellet powder, initiating explosives, detonators, safety 

fuses, squibs, detonating cord, igniter cord, and igniters. The 

Attorney General shall publish and revise at least annually in the 

Federal Register a list of these and any additional explosives 

which he determines to be within the coverage of this chapter. For 

the purposes of subsections (d), (e), (f), (g), (h), and (i) of section 

844 of this title, the term “explosive” is defined in subsection (j) 

of such section 844.

(e) “Blasting agent” means any material or mixture, consisting 

of fuel and oxidizer, intended for blasting, not otherwise defined 

as an explosive: Provided, that the finished product, as mixed for 

use or shipment, cannot be detonated by means of a numbered 8 

test blasting cap when unconfined.

(f) “Detonator” means any device containing a detonating 

charge that is used for initiating detonation in an explosive; the 

term includes, but is not limited to, electric blasting caps of 

instantaneous and delay types, blasting caps for use with safety 

fuses and detonating cord delay connectors.

Regulation of Explosives

Public Law 91-452, Approved October 15, 1970 (as Amended)

[Note: Any reference to the Internal Revenue Code of 1954 refers to the Internal Revenue Code of 1986 (§ 2, Public Law 

99–514, 100 Stat. 2085, October 22, 1986.)]

Purpose

Sec. 1101. The Congress hereby declares that the purpose of this title is to protect interstate and foreign 

commerce against interference and interruption by reducing the hazard to persons and property arising from 

misuse and unsafe or insecure storage of explosive materials. It is not the purpose of this title to place any 

undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, 

possession, storage, or use of explosive materials for industrial, mining, agricultural, or other lawful purposes, 

or to provide for the imposition by Federal regulations of any procedures or requirements other than those 

reasonably necessary to implement and effectuate the provisions of this title.

Sec. 1102. Title 18, United States Code, is amended by adding after chapter 39 the following chapter:

Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive 

Materials
(g) “Importer” means any person engaged in the business of 

importing or bringing explosive materials into the United States 

for purposes of sale or distribution.

(h) “Manufacturer” means any person engaged in the business 

of manufacturing explosive materials for purposes of sale or 

distribution or for his own use.

(i) “Dealer” means any person engaged in the business of 

distributing explosive materials at wholesale or retail.

(j) “Permittee” means any user of explosives for a lawful 

purpose, who has obtained either a user permit or a limited 

permit under the provisions of this chapter.

(k) “Attorney General” means the Attorney General of the 

United States.

(l) “Crime punishable by imprisonment for a term exceeding one year” shall not mean (1) any Federal or State offenses 

pertaining to antitrust violations, unfair trade practices, restraints 

of trade, or other similar offenses relating to the regulation of 

business practices as the Attorney General may by regulation 

designate, or (2) any State offense (other than one involving a 

firearm or explosive) classified by the laws of the State as a 

misdemeanor and punishable by a term of imprisonment of two 

years or less.

(m) “Licensee” means any importer, manufacturer, or dealer 

licensed under the provisions of this chapter.

(n) “Distribute” means sell, issue, give, transfer, or otherwise 

dispose of.

(o) “Convention on the Marking of Plastic Explosives” means 

the Convention on the Marking of Plastic Explosives for the 

Purpose of Detection, Done at Montreal on 1 March 1991.

(p) “Detection agent” means any one of the substances 

specified in this subsection when introduced into a plastic 

explosive or formulated in such explosive as a part of the 

manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including

(1) Ethylene glycol dinitrate (EGDN), C[2]H[4](NO[3])[2], 

molecular weight 152, when the minimum concentration in the 

finished explosive is 0.2 percent by mass;

(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C[6]H[12](NO 

[2])[2], molecular weight 176, when the minimum concentration 

in the finished explosive is 0.1 percent by mass;

(3) Para-Mononitrotoluene (p-MNT), C[7]H[7]NO[2], molecular weight 137, when the minimum concentration in the finished 

explosive is 0.5 percent by mass;

(4) Ortho-Mononitrotoluene (o-MNT), C[7]H[7]NO[2], molecular weight 137, when the minimum concentration in the finished 

explosive is 0.5 percent by mass; and

(5) any other substance in the concentration specified by the 

Attorney General, after consultation with the Secretary of State 

and the Secretary of Defense, that has been added to the table in 

part 2 of the Technical Annex to the Convention on the Marking 

of Plastic Explosives.

(q) “Plastic explosive” means an explosive material in flexible 

or elastic sheet form formulated with one or more high explosives 

which in their pure form has a vapor pressure less than 10-<4> Pa 

at a temperature of 25 oC, is formulated with a binder material, 

and is as a mixture malleable or flexible at normal room 

temperature.

(r) “Alien” means any person who is not a citizen or national of 

the United States.

(s) “Responsible person” means an individual who has the 

power to direct the management and policies of the applicant 

pertaining to explosive materials.

(t) Indian Tribe. The term “Indian tribe” has the meaning given 

the term in section 102 of the Federally Recognized Indian Tribe 

List Act of 1994 (25 U.S.C. 479a).

(Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 

952; amended Pub. L. 104–132, title VI, Sec. 602, Apr. 24, 1996, 110 

Stat. 1288; Pub. L. 107–296, title XI, Secs. 1112(e)(1), (3), 1122(a), Nov. 

25, 2002, 116 Stat. 2276, 2280; Pub. L. 111–211, title II, Sec. 236(b), 

July 29, 2010, 124 Stat. 2286.)

§  842. Unlawful Acts

(a) It shall be unlawful for any person—

(1) to engage in the business of importing, manufacturing, 

or dealing in explosive materials without a license issued under 

this chapter;

(2) knowingly to withhold information or to make any false 

or fictitious oral or written statement or to furnish or exhibit 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 

provisions of this chapter;

(3) other than a licensee or permittee knowingly—

(A) to transport, ship, cause to be transported, or 

receive any explosive materials; or

(B) to distribute explosive materials to any person 

other than a licensee or permittee; or

(4) who is a holder of a limited permit—

(A) to transport, ship, cause to be transported, or 

receive in interstate or foreign commerce any explosive materials; 

or

(B) to receive explosive materials from a licensee or 

permittee, whose premises are located outside the State of 

residence of the limited permit holder, or on more than 6 separate 

occasions, during the period of the permit, to receive explosive 

materials from 1 or more licensees or permittees whose premises 

are located within the State of residence of the limited permit 

holder.


(b) It shall be unlawful for any licensee or permittee to knowingly distribute any explosive materials to any person other than—

(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.

(c) It shall be unlawful for any licensee to distribute explosive 

materials to any person who the licensee has reason to believe 

intends to transport such 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 it or to receive explosive materials in it.

(d) It shall be unlawful for any person knowingly to distribute 

explosive materials to any individual who:

(1) is under twenty-one years of age;

(2) has been convicted in any court of a crime punishable by 

imprisonment for a term exceeding one year;

(3) is under indictment for a crime punishable by imprisonment for a term exceeding one year;

(4) is a fugitive from justice;

(5) is an unlawful user of or addicted to any controlled 

substance (as defined in section 102 of the Controlled Substances 

Act (21 U.S.C. 802));

(6) has been adjudicated a mental defective or who has been 

committed to a mental institution;

(7) is an alien, other than an alien who—

(A) is lawfully admitted for permanent residence (as 

defined in section 101(a)(20) of the Immigration and Nationality 

Act);

(B) 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—

(i) is a foreign law enforcement officer of a 

friendly foreign government, as determined by the Attorney 

General in consultation with the Secretary of State, entering the 

United States on official law enforcement business, and the 

shipping, transporting, possession, or receipt of explosive materials is in furtherance of this official law enforcement business; or

(ii) is a person having the power to direct or cause 

the direction of the management and policies of a corporation, 

partnership, or association licensed pursuant to section 843(a), and 

the shipping, transporting, possession, or receipt of explosive 

materials is in furtherance of such power;

(C) is a member of a North Atlantic Treaty 

Organization (NATO) or other friendly foreign military force, as 

determined by the Attorney General in consultation with the 

Secretary of Defense, who is present in the United States under 

military orders for training or other military purpose authorized by 

the United States and the shipping, transporting, possession, or 

receipt of explosive materials is in furtherance of the authorized 

military purpose; or 

(D) is lawfully present in the United States in cooperation with the Director of Central Intelligence, and the shipment, 

transportation, receipt, or possession of the explosive materials is 

in furtherance of such cooperation;

(8) has been discharged from the armed forces under 

dishonorable conditions;

(9) having been a citizen of the United States, has 

renounced the citizenship of that person.

(e) It shall be unlawful for any licensee knowingly to distribute 

any explosive materials to any person in any State where the 

purchase, possession, or use by such person of such explosive 

materials would be in violation of any State law or any published 

ordinance applicable at the place of distribution.

(f) It shall be unlawful for any licensee or permittee willfully to 

manufacture, import, purchase, distribute, or receive explosive 

materials without making such records as the Attorney General 

may by regulation require, including, but not limited to, a 

statement of intended use, the name, date, place of birth, social 

security number or taxpayer identification number, and place of 

residence of any natural person to whom explosive materials are 

distributed. If explosive materials are distributed to a corporation 

or other business entity, such records shall include the identity 

and principal and local places of business and the name, date, 

place of birth, and place of residence of the natural person acting 

as agent of the corporation or other business entity in arranging 

the distribution.

(g) It shall be unlawful for any licensee or permittee knowingly 

to make any false entry in any record which he is required to keep 

pursuant to this section or regulations promulgated under section 

847 of this title.

(h) It shall be unlawful for any person to receive, possess, 

transport, ship, conceal, store, barter, sell, dispose of, or pledge or 

accept as security for a loan, any stolen explosive materials which 

are moving as, which are part of, which constitute, or which have 

been shipped or transported in, interstate or foreign commerce, 

either before or after such materials were stolen, knowing or 

having reasonable cause to believe that the explosive materials 

were stolen.

(i) It shall be unlawful for any person—

(1) who is under indictment for, or who has been convicted 

in any court of, a crime punishable by imprisonment for a term 

exceeding one year;

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled 

substance (as defined in section 102 of the Controlled Substances 

Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who 

has been committed to a mental institution;

(5) who is an alien, other than an alien who—

(A) is lawfully admitted for permanent residence (as 

that term is defined in section 101(a)(20) of the Immigration and 

Nationality Act);

(B) 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—

(i) is a foreign law enforcement officer of a 

friendly foreign government, as determined by the Attorney 

General in consultation with the Secretary of State, entering the 

United States on official law enforcement business, and the 

shipping, transporting, possession, or receipt of explosive 

materials is in furtherance of this official law enforcement 

business; or

(ii) is a person having the power to direct or 

cause the direction of the management and policies of a corporation, partnership, or association licensed pursuant to section 

843(a), and the shipping, transporting, possession, or receipt of 

explosive materials is in furtherance of such power;

(C) is a member of a North Atlantic Treaty 

Organization (NATO) or other friendly foreign military force, as 

determined by the Attorney General in consultation with the 

Secretary of Defense, who is present in the United States under 

military orders for training or other military purpose authorized 

by the United States and the shipping, transporting, possession, 

or receipt of explosive materials is in furtherance of the authorized military purpose; or

(D) is lawfully present in the United States in cooperation with the Director of Central Intelligence, and the shipment, 

transportation, receipt, or possession of the explosive materials is 

in furtherance of such cooperation;

(6) who has been discharged from the armed forces under 

dishonorable conditions; 

(7) who, having been a citizen of the United States, has 

renounced the citizenship of that person to ship or transport any 

explosive in or affecting interstate or foreign commerce or to 

receive or possess any explosive which has been shipped or 

transported in or affecting interstate or foreign commerce.

(j) It shall be unlawful for any person to store any explosive 

material in a manner not in conformity with regulations promulgated by the Attorney General. In promulgating such regulations, 

the Attorney General shall take into consideration the class, type, 

and quantity of explosive materials to be stored, as well as the 

standards of safety and security recognized in the explosives 

industry.

(k) It shall be unlawful for any person who has knowledge of the 

theft or loss of any explosive materials from his stock, to fail to 

report such theft or loss within twenty-four hours of discovery 

thereof, to the Attorney General and to appropriate local authorities.

(l) It shall be unlawful for any person to manufacture any plastic 

explosive that does not contain a detection agent.

(m) (1) It shall be unlawful for any person to import or bring 

into the United States, or export from the United States, any 

plastic explosive that does not contain a detection agent.

(2) This subsection does not apply to the importation or 

bringing into the United States, or the exportation from the United 

States, of any plastic explosive that was imported or brought into, 

or manufactured in the United States prior to the date of enactment of this subsection [enacted April 24, 1996] by or on behalf 

of any agency of the United States performing military or police 

functions (including any military reserve component) or by or on 

behalf of the National Guard of any State, not later than 15 years 

after the date of entry into force of the Convention on the Marking 

of Plastic Explosives, with respect to the United States.

(n) (1) It shall be unlawful for any person to ship, transport, 

transfer, receive, or possess any plastic explosive that does not 

contain a detection agent.

(2) This subsection does not apply to—

(A) the shipment, transportation, transfer, receipt, or 

possession of any plastic explosive that was imported or brought 

into, or manufactured in the United States prior to the date of 

enactment of this subsection [enacted April 24, 1996] by any 

person during the period beginning on that date and ending 3 

years after that date of enactment; or

(B) the shipment, transportation, transfer, receipt, or 

possession of any plastic explosive that was imported or brought 

into, or manufactured in the United States prior to the date of 

enactment of this subsection [enacted April 24, 1996] by or on 

behalf of any agency of the United States performing a military or 

police function (including any military reserve component) or by 

or on behalf of the National Guard of any State, not later than 15 

years after the date of entry into force of the Convention on the 

Marking of Plastic Explosives, with respect to the United States.

(o) It shall be unlawful for any person, other than an agency of 

the United States (including any military reserve component) or 

the National Guard of any State, possessing any plastic explosive 

on the date of enactment of this subsection [enacted April 24, 

1996], to fail to report to the Attorney General within 120 days 

after such date of enactment the quantity of such explosives 

possessed, the manufacturer or importer, any marks of identification on such explosives, and such other information as the 

Attorney General may prescribe by regulation.

(p) Distribution of Information Relating to Explosives, 

Destructive Devices, and Weapons of Mass Destruction.
(1) Definitions. In this subsection—

(A) the term “destructive device” has the same 

meaning as in section 921(a)(4);

(B) the term “explosive” has the same meaning as in 

section 844(j); and

(C) the term “weapon of mass destruction” has the 

same meaning as in section 2332a(c)(2).

(2) Prohibition. It shall be unlawful for any person—

(A) to teach or demonstrate the making or use of an 

explosive, a destructive device, or a weapon of mass destruction, 

or to distribute by any means information pertaining to, in whole 

or in part, the manufacture or use of an explosive, destructive 

device, or weapon of mass destruction, with the intent that the 

teaching, demonstration, or information be used for, or in 

furtherance of, an activity that constitutes a Federal crime of 

violence; or

(B) to teach or demonstrate to any person the making 

or use of an explosive, a destructive device, or a weapon of mass 

destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of 

an explosive, destructive device, or weapon of mass destruction, 

knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that 

constitutes a Federal crime of violence.

(Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 

953; amended Pub. L. 100–690, title VI, Sec. 6474(c), (d), Nov. 18, 1988, 

102 Stat. 4380; Pub. L. 101–647, title XXXV, Sec. 3521, Nov. 29, 1990, 

104 Stat. 4923; Pub. L. 103–322, title XI, Secs. 110508, 110516, Sept. 

13, 1994, 108 Stat. 2018, 2020; Pub. L. 104–132, title VI, Sec. 603, title 

VII, Sec. 707, Apr. 24, 1996, 110 Stat. 1289, 1296; Pub. L. 106–54, Sec. 

2(a), Aug. 17, 1999, 113 Stat. 398; Pub. L. 107–296, title XI, Secs. 

1112(e)(3), 1122(b), 1123, Nov. 25, 2002, 116 Stat. 2276, 2280, 2283; 

Pub. L. 108–177, title III, Sec. 372, Dec. 13, 2003, 117 Stat. 2627.)

§ 843. Licenses and User Permits

(a) An application for a user permit or limited permit or a 

license to import, manufacture, or deal in explosive materials 

shall be in such form and contain such information as the 

Attorney General shall by regulation prescribe, including the 

names of and appropriate identifying information regarding all 

employees who will be authorized by the applicant to possess 

explosive materials, as well as fingerprints and a photograph of 

each responsible person. Each applicant for a license or permit 

shall pay a fee to be charged as set by the Attorney General, said 

fee not to exceed $50 for a limited permit and $200 for any other 

license or permit. Each license or user permit shall be valid for 

not longer than 3 years from the date of issuance and each limited 

permit shall be valid for not longer than 1 year from the date of 

issuance. Each license or permit shall be renewable upon the 

same conditions and subject to the same restrictions as the 

original license or permit, and upon payment of a renewal fee not 

to exceed one-half of the original fee.

(b) Upon the filing of a proper application and payment of the 

prescribed fee, and subject to the provisions of this chapter and 

other applicable laws, the Attorney General shall issue to such 

applicant the appropriate license or permit if—

(1) the applicant (or, if the applicant is a corporation, 

partnership, or association, each responsible person with respect 

to the applicant) is not a person described in section 842(i);

(2) the applicant has not willfully violated any of the 

provisions of this chapter or regulations issued hereunder;

(3) the applicant has in a State premises from which he 

conducts or intends to conduct business;

(4) (A) the Attorney General verifies by inspection or, if 

the application is for an original limited permit or the first or 

second renewal of such a permit, by such other means as the 

Attorney General determines appropriate, that the applicant has a 

place of storage for explosive materials which meets such 

standards of public safety and security against theft as the 

Attorney General by regulations shall prescribe; and

(B) subparagraph (A) shall not apply to an applicant 

for the renewal of a limited permit if the Attorney General has 

verified, by inspection within the preceding 3 years, the matters 

described in subparagraph (A) with respect to the applicant; and

(5) the applicant has demonstrated and certified in writing 

that he is familiar with all published State laws and local ordinances relating to explosive materials for the location in which he 

intends to do business;

(6) none of the employees of the applicant who will be 

authorized by the applicant to possess explosive materials is any 

person described in section 842(i); and

(7) in the case of a limited permit, the applicant has 

certified in writing that the applicant will not receive explosive 

materials on more than 6 separate occasions during the 12-month 

period for which the limited permit is valid.

(c) The Attorney General shall approve or deny an application 

within a period of 90 days for licenses and permits, beginning on 

the date such application is received by the Attorney General.

(d) The Attorney General may revoke any license or permit 

issued under this section if in the opinion of the Attorney General 

the holder thereof has violated any provision of this chapter or 

any rule or regulation prescribed by the Attorney General under 

this chapter, or has become ineligible to acquire explosive 

materials under section 842(d). The Attorney General's action 

under this subsection may be reviewed only as provided in subsection (e)(2) of this section.

(e) (1) Any person whose application is denied or whose 

license or permit is revoked shall receive a written notice from the 

Attorney General stating the specific grounds upon which such 

denial or revocation is based. Any notice of a revocation of a 

license or permit shall be given to the holder of such license or 

permit prior to or concurrently with the effective date of the 

revocation.
(2) If the Attorney General denies an application for, or 

revokes a license, or permit, he shall, upon request by the 

aggrieved party, promptly hold a hearing to review his denial or 

revocation. In the case of a revocation, the Attorney General may 

upon a request of the holder stay the effective date of the revocation. A hearing under this section shall be at a location convenient 

to the aggrieved party. The Attorney General shall give written 

notice of his decision to the aggrieved party within a reasonable 

time after the hearing. The aggrieved party may, within sixty days 

after receipt of the Attorney General's written decision, file a 

petition with the United States court of appeals for the district in 

which he resides or has his principal place of business for a 

judicial review of such denial or revocation, pursuant to sections 

701–706 of Title 5, United States Code.

(f) Licensees and holders of user permits shall make available 

for inspection at all reasonable times their records kept pursuant 

to this chapter or the regulations issued hereunder, and licensees 

and permittees shall submit to the Attorney General such reports 

and information with respect to such records and the contents 

thereof as he shall by regulations prescribe. The Attorney General 

may enter during business hours the premises (including places 

of storage) of any licensee or holder of a user permit, for the 

purpose of inspecting or examining (1) any records or documents 

required to be kept by such licensee or permittee, under the 

provisions of this chapter or regulations issued hereunder, and (2) 

any explosive materials kept or stored by such licensee or 

permittee at such premises. Upon the request of any State or any 

political subdivision thereof, the Attorney General may make 

available to such State or any political subdivision thereof, any 

information which he may obtain by reason of the provisions of 

this chapter with respect to the identification of persons within 

such State or political subdivision thereof, who have purchased or 

received explosive materials, together with a description of such 

explosive materials. The Attorney General may inspect the places 

of storage for explosive materials of an applicant for a limited 

permit or, at the time of renewal of such permit, a holder of a 

limited permit, only as provided in subsection (b)(4).

(g) Licenses and user permits issued under the provisions of 

subsection (b) of this section shall be kept posted and kept 

available for inspection on the premises covered by the license 

and permit.

(h) (1) If the Attorney General receives, from an employer, the 

name and other identifying information of a responsible person or 

an employee who will be authorized by the employer to possess 

explosive materials in the course of employment with the 

employer, the Attorney General shall determine whether the 

responsible person or employee is one of the persons described in 

any paragraph of section 842(i). In making the determination, the 

Attorney General may take into account a letter or document 

issued under paragraph (2).

(2) (A) If the Attorney General determines that the 

responsible person or the employee is not one of the persons 

described in any paragraph of section 842(i), the Attorney 

General shall notify the employer in writing or electronically of 

the determination and issue, to the responsible person or 

employee, a letter of clearance, which confirms the determination.

(B) If the Attorney General determines that the 

responsible person or employee is one of the persons described in 

any paragraph of section 842(i), the Attorney General shall notify 

the employer in writing or electronically of the determination and 

issue to the responsible person or the employee, as the case may 

be, a document that—

(i) confirms the determination;

(ii) explains the grounds for the determination;

(iii) provides information on how the disability 

may be relieved; and

(iv) explains how the determination may be 

appealed.

(i) Furnishing of Samples. 

(1) In general. Licensed manufacturers and licensed importers and persons who manufacture or import explosive materials or 

ammonium nitrate shall, when required by letter issued by the 

Attorney General, furnish—

(A) samples of such explosive materials or ammonium 

nitrate;

(B) information on chemical composition of those 

products; and

(C) any other information that the Attorney General 

determines is relevant to the identification of the explosive 

materials or to identification of the ammonium nitrate.

(2) Reimbursement. The Attorney General shall, by 

regulation, authorize reimbursement of the fair market value of 

samples furnished pursuant to this subsection, as well as the 

reasonable costs of shipment.

(Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 

955; amended Pub. L. 107–296, title XI, Secs. 1112(e)(3), 1122(c)–(h), 

1124, Nov. 25, 2002, 116 Stat. 2276, 2281, 2282, 2285.)

§844. Penalties

(a) Any person who—

(1) violates any of subsections (a) through (i) or (l) through 

(o) of section 842 shall be fined under this title, imprisoned for 

not more than 10 years, or both; and

(2) violates subsection (p)(2) of section 842, shall be fined 

under this title, imprisoned not more than 20 years, or both.

(b) Any person who violates any other provision of section 842 

of this chapter shall be fined under this title or imprisoned not 

more than one year, or both.
(c) (1) Any explosive materials involved or used or intended to 

be used in any violation of the provisions of this chapter or any 

other rule or regulation promulgated thereunder or any violation 

of any criminal law of the United States shall be subject to 

seizure and forfeiture, and all provisions of the Internal Revenue 

Code of 1986 relating to the seizure, forfeiture, and disposition of 

firearms, as defined in section 5845(a) of that Code, shall, so far 

as applicable, extend to seizures and forfeitures under the 

provisions of this chapter.

(2) Notwithstanding paragraph (1), in the case of the 

seizure of any explosive materials for any offense for which the 

materials would be subject to forfeiture in which it would be 

impracticable or unsafe to remove the materials to a place of 

storage or would be unsafe to store them, the seizing officer may 

destroy the explosive materials forthwith. Any destruction under 

this paragraph shall be in the presence of at least 1 credible 

witness. The seizing officer shall make a report of the seizure and 

take samples as the Attorney General may by regulation 

prescribe.

(3) Within 60 days after any destruction made pursuant to 

paragraph (2), the owner of (including any person having an 

interest in) the property so destroyed may make application to the 

Attorney General for reimbursement of the value of the property. 

If the claimant establishes to the satisfaction of the Attorney 

General that—

(A) the property has not been used or involved in a 

violation of law; or

(B) any unlawful involvement or use of the property 

was without the claimant's knowledge, consent, or willful 

blindness, the Attorney General shall make an allowance to the 

claimant not exceeding the value of the property destroyed.

(d) Whoever transports or receives, or attempts to transport or 

receive, in interstate or foreign commerce any explosive with the 

knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any 

building, vehicle, or other real or personal property, shall be 

imprisoned for not more than ten years, or fined under this title, 

or both; and if personal injury results to any person, including 

any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be 

imprisoned for not more than twenty years or fined under this 

title, or both; and if death results to any person, including any 

public safety officer performing duties as a direct or proximate 

result of conduct prohibited by this subsection, shall be subject to 

imprisonment for any term of years, or to the death penalty or to 

life imprisonment.

(e) Whoever, through the use of the mail, telephone, telegraph, 

or other instrument of interstate or foreign commerce, or in or 

affecting interstate or foreign commerce, willfully makes any 

threat, or maliciously conveys false information knowing the 

same to be false, concerning an attempt or alleged attempt being 

made, or to be made, to kill, injure, or intimidate any individual 

or unlawfully to damage or destroy any building, vehicle, or other 

real or personal property by means of fire or an explosive shall be 

imprisoned for not more than 10 years or fined under this title, or 

both.

(f) (1) Whoever maliciously damages or destroys, or attempts 

to damage or destroy, by means of fire or an explosive, any 

building, vehicle, or other personal or real property in whole or in 

part owned or possessed by, or leased to, the United States, or any 

department or agency thereof, or any institution or organization 

receiving Federal financial assistance, shall be imprisoned for not 

less than 5 years and not more than 20 years, fined under this 

title, or both.

(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately 

causes personal injury or creates a substantial risk of injury to 

any person, including any public safety officer performing duties, 

shall be imprisoned for not less than 7 years and not more than 40 

years, fined under this title, or both.

(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately 

causes the death of any person, including any public safety 

officer performing duties, shall be subject to the death penalty, or 

imprisoned for not less than 20 years or for life, fined under this 

title, or both.

(g) (1) Except as provided in paragraph (2), whoever possesses 

an explosive in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or in any building in 

whole or in part owned, possessed, or used by, or leased to, the 

United States or any department or agency thereof, except with 

the written consent of the agency, department, or other person 

responsible for the management of such building or airport, shall 

be imprisoned for not more than five years, or fined under this 

title, or both.

(2) The provisions of this subsection shall not be applicable 

to—

(A) the possession of ammunition (as that term is 

defined in regulations issued pursuant to this chapter) in an 

airport that is subject to the regulatory authority of the Federal 

Aviation Administration if such ammunition is either in checked 

baggage or in a closed container; or

(B) the possession of an explosive in an airport if the 

packaging and transportation of such explosive is exempt from, 

or subject to and in accordance with, regulations of the Pipeline 

and Hazardous Materials Safety Administration for the handling 

of hazardous materials pursuant to chapter 51 of title 49.

(h) Whoever—

(1) uses fire or an explosive to commit any felony which 

may be prosecuted in a court of the United States, or

(2) carries an explosive during the commission of any 

felony which may be prosecuted in a court of the United States, 

including a felony which provides for an enhanced punishment if 

committed by the use of a deadly or dangerous weapon or device 
shall, in addition to the punishment provided for such felony, be 

sentenced to imprisonment for 10 years. In the case of a second 

or subsequent conviction under this subsection, such person shall 

be sentenced to imprisonment for 20 years. Notwithstanding any 

other provision of law, the court shall not place on probation or 

suspend the sentence of any person convicted of a violation of 

this subsection, nor shall the term of imprisonment imposed 

under this subsection run concurrently with any other term of 

imprisonment including that imposed for the felony in which the 

explosive was used or carried.

(i) Whoever maliciously damages or destroys, or attempts to 

damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate 

or foreign commerce or in any activity affecting interstate or 

foreign commerce shall be imprisoned for not less than 5 years 

and not more than 20 years, fined under this title, or both; and if 

personal injury results to any person, including any public safety 

officer performing duties as a direct or proximate result of 

conduct prohibited by this subsection, shall be imprisoned for not 

less than 7 years and not more than 40 years, fined under this 

title, or both; and if death results to any person, including any 

public safety officer performing duties as a direct or proximate 

result of conduct prohibited by this subsection, shall also be 

subject to imprisonment for any term of years, or to the death 

penalty or to life imprisonment.

(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) 

of this section and section 842(p), the term “explosive” means 

gunpowders, powders used for blasting, all forms of high 

explosives, blasting materials, fuzes (other than electric circuit 

breakers), detonators, and other detonating agents, smokeless 

powders, other explosive or incendiary devices within the 

meaning of paragraph (5) of section 232 of this title, and any 

chemical compounds, mechanical mixture, or device that contains 

any oxidizing and combustible units, or other ingredients, in such 

proportions, quantities, or packing that ignition by fire, by 

friction, by concussion, by percussion, or by detonation of the 

compound, mixture, or device or any part thereof may cause an 

explosion.

(k) A person who steals any explosives materials which are 

moving as, or are a part of, or which have moved in, interstate or 

foreign commerce shall be imprisoned for not more than 10 

years, fined under this title, or both.

(l) A person who steals any explosive material from a licensed 

importer, licensed manufacturer, or licensed dealer, or from any 

permittee shall be fined under this title, imprisoned not more than 

10 years, or both.

(m) A person who conspires to commit an offense under subsection (h) shall be imprisoned for any term of years not exceeding 

20, fined under this title, or both.

(n) Except as otherwise provided in this section, a person who 

conspires to commit any offense defined in this chapter shall be 

subject to the same penalties (other than the penalty of death) as 

the penalties prescribed for the offense the commission of which 

was the object of the conspiracy.

(o) Whoever knowingly transfers any explosive materials, 

knowing or having reasonable cause to believe that such explosive 

materials will be used to commit a crime of violence (as defined 

in section 924(c)(3)) or drug trafficking crime (as defined in 

section 924(c)(2)) shall be subject to the same penalties as may be 

imposed under subsection (h) for a first conviction for the use or 

carrying of an explosive material.

(p) Theft Reporting Requirement.

(1) In general. A holder of a license or permit who knows 

that explosive materials have been stolen from that licensee or 

permittee, shall report the theft to the Attorney General not later 

than 24 hours after the discovery of the theft.

(2) Penalty. A holder of a license or permit who does not 

report a theft in accordance with paragraph (1), shall be fined not 

more than $10,000, imprisoned not more than 5 years, or both.

(Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 

956; amended Pub. L. 97–298, Sec. 2, Oct. 12, 1982, 96 Stat. 1319; Pub. 

L. 98–473, title II, Sec. 1014, Oct. 12, 1984, 98 Stat. 2142; Pub. L. 99–

514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–690, title VI, Sec. 

6474(a), (b), Nov. 18, 1988, 102 Stat. 4379; Pub. L. 101–647, title 

XXXV, Sec. 3522, Nov. 29, 1990, 104 Stat. 4924; Pub. L. 103–272, Sec. 

5(e)(7), July 5, 1994, 108 Stat. 1374; Pub. L. 103–322, title VI, Sec. 

60003(a)(3), title XI, Secs. 110504(b), 110509, 110515(b), 110518(b), 

title XXXII, Secs. 320106, 320917(a), title XXXIII, Sec. 330016(1)(H), 

(K), (L), (N), Sept. 13, 1994, 108 Stat. 1969, 2016, 2018, 2020, 2111, 

2129, 2147, 2148; Pub. L. 104–132, title VI, Sec. 604, title VII, Secs. 

701, 706, 708(a), (c)(3), 724, Apr. 24, 1996, 110 Stat. 1289, 1291, 1295–

1297, 1300; Pub. L. 104–294, title VI, Sec. 603(a), Oct. 11, 1996, 110 

Stat. 3503; Pub. L. 106–54, Sec. 2(b), Aug. 17, 1999, 113 Stat. 399; Pub. 

L. 107–296, title XI, Secs. 1112(e)(3), 1125, 1127, Nov. 25, 2002, 116 

Stat. 2276, 2285; Pub. L. 108–426, Sec. 2(c)(6), Nov. 30, 2004, 118 Stat. 

2424.)

§845. Exceptions; Relief From Disabilities

(a) Except in the case of subsection (l), (m), (n), or (o) of section 

842 and subsections (d), (e), (f), (g), (h), and (i) of section 844 of 

this title, this chapter shall not apply to:

(1) aspects of the transportation of explosive materials via 

railroad, water, highway, or air that pertain to safety, including 

security, and are regulated by the Department of Transportation or 

the Department of Homeland Security;

(2) the use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United States 

Pharmacopeia, or the National Formulary;

(3) the transportation, shipment, receipt, or importation of 

explosive materials for delivery to any agency of the United 

States or to any State or political subdivision thereof;

(4) small arms ammunition and components thereof;
(5) commercially manufactured black powder in quantities 

not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, 

intended to be used solely for sporting, recreational, or cultural 

purposes in antique firearms as defined in section 921(a)(16) of 

title 18 of the United States Code, or in antique devices as 

exempted from the term “destructive device” in section 921(a)(4) 

of title 18 of the United States Code;

(6) the manufacture under the regulation of the military 

department of the United States of explosive materials for, or their 

distribution to or storage or possession by the military or naval 

services or other agencies of the United States; or to arsenals, 

navy yards, depots, or other establishments owned by, or operated 

by or on behalf of, the United States and

(7) the transportation, shipment, receipt, or importation of 

display fireworks materials for delivery to a federally recognized 

Indian tribe or tribal agency.

(b) (1) A person who is prohibited from shipping, transporting, 

receiving, or possessing any explosive under section 842(i) may 

apply to the Attorney General for relief from such prohibition.

(2) The Attorney General may grant the relief requested 

under paragraph (1) if the Attorney General determines that the 

circumstances regarding the applicability of section 842(i), 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.

(3) A licensee or permittee who applies for relief, under 

this subsection, from the disabilities incurred under this chapter 

as a result of an indictment for or conviction of a crime punishable by imprisonment for a term exceeding 1 year shall not be 

barred by such disability from further operations under the license 

or permit pending final action on an application for relief filed 

pursuant to this section.

(c) It is an affirmative defense against any proceeding involving 

subsections (l) through (o) of section 842 if the proponent proves 

by a preponderance of the evidence that the plastic explosive—

(1) consisted of a small amount of plastic explosive 

intended for and utilized solely in lawful—

(A) research, development, or testing of new or 

modified explosive materials;

(B) training in explosives detection or development or 

testing of explosives detection equipment; or

(C) forensic science purposes; or

(2) was plastic explosive that, within 3 years after the date 

of enactment of the Antiterrorism and Effective Death Penalty Act 

of 1996 [enacted April 24, 1996], will be or is incorporated in a 

military device within the territory of the United States and 

remains an integral part of such military device, or is intended to 

be, or is incorporated in, and remains an integral part of a military 

device that is intended to become, or has become, the property of 

any agency of the United States performing military or police 

functions (including any military reserve component) or the 

National Guard of any State, wherever such device is located.

(3) For purposes of this subsection, the term “military 

device” includes, but is not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for 

military or police purposes.

§846. Additional Powers of the Attorney General

(a) The Attorney General is authorized to inspect the site of any 

accident, or fire, in which there is reason to believe that explosive 

materials were involved, in order that if any such incident has 

been brought about by accidental means, precautions may be 

taken to prevent similar accidents from occurring. In order to 

carry out the purpose of this subsection, the Attorney General is 

authorized to enter into or upon any property where explosive 

materials have been used, are suspected of having been used, or 

have been found in an otherwise unauthorized location. Nothing 

in this chapter shall be construed as modifying or otherwise 

affecting in any way the investigative authority of any other 

Federal agency. In addition to any other investigatory authority 

they have with respect to violations of provisions of this chapter, 

the Federal Bureau of Investigation, together with the Bureau of 

Alcohol, Tobacco, Firearms, and Explosives, shall have authority 

to conduct investigations with respect to violations of subsection 

(d), (e), (f), (g), (h), or (i) of section 844 of this title.

(b) The Attorney General is authorized to establish a national 

repository of information on incidents involving arson and the 

suspected criminal misuse of explosives. All Federal agencies 

having information concerning such incidents shall report the 

information to the Attorney General pursuant to such regulations 

as deemed necessary to carry out the provisions of this subsection. The repository shall also contain information on incidents 

voluntarily reported to the Attorney General by State and local 

authorities.

(Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 

959; amended Pub. L. 104–208, div. A, title I, Sec. 101(f) [title VI, Sec. 

654(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369; Pub. L. 107–

296, title XI, Sec. 1112(e)(2), (3), Nov. 25, 2002, 116 Stat. 2276.)

§847. Rules and Regulations

The administration of this chapter shall be vested in the 

Attorney General. The Attorney General may prescribe such rules 

and regulations as he deems reasonably necessary to carry out the 

provisions of this chapter. The Attorney General shall give 

reasonable public notice, and afford to interested parties opportunity for hearing, prior to prescribing such rules and regulations.

(Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 

959; amended Pub. L. 107–296, title XI, Sec. 1112(e)(3), Nov. 25, 2002, 

116 Stat. 2276.)
10

§848. Effect on State Law

No provision of this chapter shall be construed as indicating an 

intent on the part of the Congress to occupy the field in which 

such provision operates to the exclusion of the law of any State on 

the same subject matter, unless there is a direct and positive 

conflict between such provision and the law of the State so that 

the two cannot be reconciled or consistently stand together.

(Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 

959.)
11

Title 27 [Code of Federal Regulations]

Part 555—Commerce in Explosives

Section Contents

Subpart A—Introduction

§555.1 Scope of regulations.

§555.2 Relation to other provisions of law.

Subpart B—Definitions

§555.11 Meaning of terms.

Subpart C—Administrative and Miscellaneous 

Provisions

§555.21 Forms prescribed.

§555.22 Alternate methods or procedures; emergency 

variations from requirements.

§555.23 List of explosive materials.

§555.24 Right of entry and examination.

§555.25 Disclosure of information.

§555.26 Prohibited shipment, transportation, receipt, 

possession, or distribution of explosive materials.

§555.27 Out-of-State disposition of explosive materials.

§555.28 Stolen explosive materials.

§555.29 Unlawful storage.

§555.30 Reporting theft or loss of explosive materials.

§555.31 Inspection of site of accidents or fires; right of entry.

§555.32 Special explosive devices.

§555.33 Background checks and clearances (effective 

May 24, 2003).

§555.34 Replacement of stolen or lost ATF Form 5400.30 

(Intrastate Purchase of Explosives Coupon (IPEC)).

Subpart D—Licenses and Permits

§555.41 General.

§555.42 License fees.

§555.43 Permit fees.

§555.44 License or permit fee not refundable.

§555.45 Original license or permit.

§555.46 Renewal of license or permit.

§555.47 Insufficient fee.

§555.48 Abandoned application.

§555.49 Issuance of license or permit.

§555.50 Correction of error on license or permit.

§555.51 Duration of license or permit.

§555.52 Limitations on license or permit.

§555.53 License and permit not transferable.

§555.54 Change of address.

§555.56 Change in trade name.

§555.57 Change of control, change in responsible persons, and 

change of employees.

§555.58 Continuing partnerships.

§555.59 Right of succession by certain persons.

§555.60 Certain continuances of business or operations.

§555.61 Discontinuance of business or operations.

§555.62 State or other law.

§555.63 Explosives magazine changes.

Subpart E—License and Permit Proceedings

§555.71 Opportunity for compliance.

§555.72 Denial of initial application.

§555.73 Hearing after initial application is denied.

§555.74 Denial of renewal application or revocation of license 

or permit.

§555.75 Hearing after denial of renewal application or 

revocation of license or permit.

§555.76 Action by Director, Industry Operations.

§555.77 Designated place of hearing.

§555.78 Representation at a hearing.

§555.79 Appeal on petition to the Director.

§555.80 Court review.

§555.81 Service on applicant, licensee, or permittee.

§555.82 Provisions of part 200 made applicable.

§555.83 Operations by licensees or permittees after notice of 

denial or revocation.

Subpart F—Conduct of Business or Operations

§555.101 Posting of license or user permit.

§555.102 Authorized operations by permittees.

§555.103 Transactions among licensees/permittees and 

transactions among licensees and holders of user 

permits.

§555.104 Certified copy of license or permit.

§555.105 Distributions to nonlicensees, nonpermittees, and 

limited permittees.

§555.106 Certain prohibited distributions.

§555.107 Record of transactions.

§555.108 Importation.

§555.109 Identification of explosive materials.

§555.110 Furnishing of samples (Effective on and after 

January 24, 2003).

Subpart G—Records and Reports

§555.121 General.

§555.122 Records maintained by licensed importers.

§555.123 Records maintained by licensed manufacturers.

§555.124 Records maintained by licensed dealers.

§555.125 Records maintained by permittees.
12

§555.126 Explosives transaction record for distribution of 

explosive materials prior to May 24, 2003 and 

Limited Permittee Transaction Report for distribution 

of explosive materials on and after May 24, 2003.

§ 555.127 Daily summary of magazine transactions.

§ 555.128 Discontinuance of business.

§ 555.129 Exportation.

§ 555.130 [Reserved]

Subpart H—Exemptions

§555.141 Exemptions.

§555.142 Relief from disabilities (effective January 24, 2003).

Subpart I—Unlawful Acts, Penalties, Seizures, and 

Forfeitures

§555.161 Engaging in business without a license.

§555.162 False statement or representation.

§555.163 False entry in record.

§555.164 Unlawful storage.

§555.165 Failure to report theft or loss.

§555.166 Seizure or forfeiture.

Subpart J—Marking of Plastic Explosives

§555.180 Prohibitions relating to unmarked plastic explosives.

§555.181 Reporting of plastic explosives.

§555.182 Exceptions.

§555.183 Importations of plastic explosives on or after April 24, 

1997.

§555.184 Statements of process and samples.

§555.185 Criminal sanctions.

§555.186 Seizure or forfeiture.

Subpart K—Storage

§555.201 General.

§555.202 Classes of explosive materials.

§555.203 Types of magazines.

§555.204 Inspection of magazines.

§555.205 Movement of explosive materials.

§555.206 Location of magazines.

§555.207 Construction of type 1 magazines.

§ 555.208 Construction of type 2 magazines.

§ 555.209 Construction of type 3 magazines.

§ 555.210 Construction of type 4 magazines.

§ 555.211 Construction of type 5 magazines.

§ 555.212 Smoking and open flames.

§ 555.213 Quantity and storage restrictions.

§ 555.214 Storage within types 1, 2, 3, and 4 magazines.

§ 555.215 Housekeeping.

§ 555.216 Repair of magazines.

§ 555.217 Lighting.

§ 555.218 Table of distances for storage of explosive materials.

§ 555.219 Table of distances for storage of low explosives.

§ 555.220 Table of separation distances of ammonium nitrate and 

blasting agents from explosives or blasting agents.

§ 555.221 Requirements for display fireworks, pyrotechnic 

compositions, and explosive materials used in 

assembling fireworks or articles pyrotechnic.

§ 555.222 Table of distances between fireworks process buildings 

and between fireworks process and fireworks 

nonprocess buildings.

§ 555.223 Table of distances between fireworks process buildings 

and other specified areas.

§ 555.224 Table of distances for the storage of display fireworks 

(except bulk salutes).

Authority: 18 U.S.C. 847.

Source: T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, unless 

otherwise noted. Redesignated by T.D. ATF–487, 68 FR 

3748, Jan. 24, 2003.

Editorial Note: Nomenclature changes to part 555 appear at 68 

FR 3748, Jan. 24, 2003. Also, there are several name changes 

for titles referenced in the regulations, 27 CFR Part 555. The 

title “Chief, Firearms and Explosives Licensing Center” has 

been changed to “Chief, Federal Explosives Licensing 

Center”. The title “Regional director (compliance)” has been 

changed to “Director, Industry Operations” within the 

respective ATF Field Divisions. All regulations and rulings 

contained within this publication were current as of 3/13/12. 

For more recent information, please refer to the ATF website 

at www.atf.gov/. 
13

Subpart A—Introduction

(9) The marking of plastic explosives.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–363, 60 FR 

17449, Apr. 6, 1995; T.D. ATF–387, 62 FR 8376, Feb. 25, 1997; ATF No. 1, 68 FR 

13780, Mar. 20, 2003]

§555.2 Relation to other provisions of law.

The provisions in this part are in addition to, and are not in lieu 

of, any other provision of law, or regulations, respecting 

commerce in explosive materials. For regulations applicable to 

commerce in firearms and ammunition, see Part 478 of this 

chapter. For regulations applicable to traffic in machine guns, 

destructive devices, and certain other firearms, see Part 479 of 

this chapter. For statutes applicable to the registration and 

licensing of persons engaged in the business of manufacturing, 

importing or exporting arms, ammunition, or implements of war, 

see section 38 of the Arms Export Control Act (22 U.S.C. 2778), 

and regulations of Part 447 of this chapter and in Parts 121 

through 128 of Title 22, Code of Federal Regulations. For statutes 

applicable to nonmailable materials, see 18 U.S.C. 1716 and 

implementing regulations. For statutes applicable to water quality 

standards, see 33 U.S.C. 1341.

§555.1 Scope of regulations.

(a) In general. The regulations contained in this part relate to 

commerce in explosives and implement Title XI, Regulation of 

Explosives (18 U.S.C. Chapter 40; 84 Stat. 952), of the 

Organized Crime Control Act of 1970 (84 Stat. 922), Pub. L. 

103–322 (108 Stat. 1796), Pub. L. 104–132 (110 Stat. 1214), 

and Pub. L. 107–296 (116 Stat. 2135).

(b) Procedural and substantive requirements. This part 

contains the procedural and substantive requirements relative to:

(1) The interstate or foreign commerce in explosive 

materials;

(2) The licensing of manufacturers and importers of, and 

dealers in, explosive materials;

(3) The issuance of permits;

(4) The conduct of business by licensees and operations 

by permittees;

(5) The storage of explosive materials;

(6) The records and reports required of licensees and 

permittees;

(7) Relief from disabilities under this part;

(8) Exemptions, unlawful acts, penalties, seizures, and 

forfeitures; and

Subpart B—Definitions

§555.11 Meaning of terms.

When used in this part, terms are defined as follows in this 

section. Words in the plural form include the singular, and vice 

versa, and words indicating the masculine gender include the 

feminine. The terms “includes” and “including” do not exclude 

other things not named which are in the same general class or 

are otherwise within the scope of the term defined.

Act. 18 U.S.C. Chapter 40.

Adjudicated as a mental defective. (a) A determination by a 

court, board, commission, or other lawful authority that a 

person, as a result of marked subnormal intelligence, or mental 

illness, incompetency, condition, or disease:

(1) Is a danger to himself or to others; or

(2) Lacks the mental capacity to contract or manage his own 

affairs.

(b) The term will include—

(1) A finding of insanity by a court in a criminal case; and

(2) Those persons found incompetent to stand trial or found 

not guilty by reason of lack of mental responsibility by any 

court or pursuant to articles 50a and 76b of the Uniform Code 

of Military Justice, 10 U.S.C. 850a, 876b.

Alien. Any person who is not a citizen or national of the 

United States.

Ammunition. Small arms ammunition or cartridge cases, 

primers, bullets, or smokeless propellants designed for use in 

small arms, including percussion caps, and 3/32 inch and other 

external burning pyrotechnic hobby fuses. The term does not 

include black powder.

Appropriate identifying information. The term means, in 

relation to an individual:

(a) The full name, date of birth, place of birth, sex, race, 

street address, State of residence, telephone numbers (home and 

work), country or countries of citizenship, and position at the 

employer's business or operations of responsible persons and 

employees authorized to possess explosive materials;

(b) The business name, address, and license or permit 

number with which the responsible person or employee is 

affiliated;

(c) If an alien, INS-issued alien number or admission 

number; and

(d) Social security number, as optional information (this 

information is not required but is helpful in avoiding misidentification when a background check is conducted).

Approved storage facility. A place where explosive materials 

are stored, consisting of one or more approved magazines, 

conforming to the requirements of this part and covered by a 

license or permit issued under this part.
14

Articles pyrotechnic. Pyrotechnic devices for professional use 

similar to consumer fireworks in chemical composition and 

construction but not intended for consumer use. Such articles 

meeting the weight limits for consumer fireworks but not labeled 

as such and classified by U.S. Department of Transportation regulations in 49 CFR 172.101 as UN0431 or UN0432.

Artificial barricade. An artificial mound or revetted wall of 

earth of a minimum thickness of three feet, or any other approved 

barricade that offers equivalent protection.

ATF. (a) Prior to January 24, 2003. The Bureau of Alcohol, 

Tobacco and Firearms, Department of the Treasury, Washington, 

DC.

(b) On and after January 24, 2003. The Bureau of Alcohol, 

Tobacco, Firearms and Explosives, Department of Justice, 

Washington, DC.

ATF officer. (a) Prior to January 24, 2003. An officer or 

employee of the Bureau of Alcohol, Tobacco and Firearms (ATF) 

authorized to perform any function relating to the administration 

or enforcement of this part.

(b) On and after January 24, 2003. An officer or employee of 

the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) 

authorized to perform any function relating to the administration 

or enforcement of this part.

Authority having jurisdiction for fire safety. The fire 

department having jurisdiction over sites where explosives are 

manufactured or stored.

Barricaded. The effective screening of a magazine containing 

explosive materials from another magazine, a building, a railway, 

or a highway, either by a natural barricade or by an artificial 

barricade. To be properly barricaded, a straight line from the top 

of any sidewall of the magazine containing explosive materials to 

the eave line of any other magazine or building, or to a point 12 

feet above the center of a railway or highway, will pass through 

the natural or artificial barricade.

Blasting agent. Any material or mixture, consisting of fuel and 

oxidizer, that is intended for blasting and not otherwise defined 

as an explosive; if the finished product, as mixed for use or 

shipment, cannot be detonated by means of a number 8 test 

blasting cap when unconfined. A number 8 test blasting cap is 

one containing 2 grams of a mixture of 80 percent mercury 

fulminate and 20 percent potassium chlorate, or a blasting cap of 

equivalent strength. An equivalent strength cap comprises 0.40–

0.45 grams of PETN base charge pressed in an aluminum shell 

with bottom thickness not to exceed to 0.03 of an inch, to a 

specific gravity of not less than 1.4 g/cc., and primed with 

standard weights of primer depending on the manufacturer.

Bulk salutes. Salute components prior to final assembly into 

aerial shells, and finished salute shells held separately prior to 

being packed with other types of display fireworks.

Bullet-sensitive explosive materials. Explosive materials that 

can be exploded by 150-grain M2 ball ammunition having a 

nominal muzzle velocity of 2700 fps (824 mps) when fired from 

a .30 caliber rifle at a distance of 100 ft (30.5 m), measured 

perpendicular. The test material is at a temperature of 70 to 75 o F 

(21 to 24 o C) and is placed against a 1⁄2 " (12.4 mm) steel backing 

plate.

Bureau. (a) Prior to January 24, 2003. The Bureau of Alcohol, 

Tobacco and Firearms, Department of the Treasury, Washington, 

DC.

(b) On and after January 24, 2003. The Bureau of Alcohol, 

Tobacco, Firearms and Explosives, Department of Justice, 

Washington, DC.

Business premises. When used with respect to a manufacturer, 

importer, or dealer, the property on which explosive materials are 

manufactured, imported, stored or distributed. The premises 

include the property where the records of a manufacturer, importer, or dealer are kept if different than the premises where explosive materials are manufactured, imported, stored or distributed. 

When used with respect to a user of explosive materials, the 

property on which the explosive materials are received or stored. 

The premises includes the property where the records of the users 

are kept if different than the premises where explosive materials 

are received or stored.

Chief, Federal Explosives Licensing Center. The ATF official 

responsible for the issuance and renewal of licenses and permits 

under this part.

Committed to a mental institution. A formal commitment of a 

person to a mental institution by a court, board, commission, or 

other lawful authority. The term includes a commitment to a 

mental institution involuntarily. The term includes commitment 

for mental defectiveness or mental illness. It also includes 

commitments for other reasons, such as for drug use. The term 

does not include a person in a mental institution for observation or 

a voluntary admission to a mental institution.

Common or contract carrier. Any individual or organization 

engaged in the business of transporting passengers or goods.

Consumer fireworks. Any small firework device designed to 

produce visible effects by combustion and which must comply 

with the construction, chemical composition, and labeling 

regulations of the U.S. Consumer Product Safety Commission, as 

set forth in title 16, Code of Federal Regulations, parts 1500 and 

1507. Some small devices designed to produce audible effects are 

included, such as whistling devices, ground devices containing 50 

mg or less of explosive materials, and aerial devices containing 

130 mg or less of explosive materials. Consumer fireworks are 

classified as fireworks UN0336, and UN0337 by the U.S. 

Department of Transportation at 49 CFR 172.101. This term does 

not include fused set pieces containing components which 

together exceed 50 mg of salute powder.

Controlled substance. A drug or other substance, or immediate 

precursor, as defined in section 102 of the Controlled Substances 

Act, 21 U.S.C. 802. The term includes, but is not limited to, 

marijuana, depressants, stimulants, and narcotic drugs. The term 
15

does not include distilled spirits, wine, malt beverages, or 

tobacco, as those terms are defined or used in Subtitle E of the 

Internal Revenue Code of 1986, as amended.

Crime punishable by imprisonment for a term exceeding 

one year. Any offense for which the maximum penalty, whether 

or not imposed, is capital punishment or imprisonment in excess 

of one year. The term does not include (a) any Federal or State 

offenses pertaining to antitrust violations, unfair trade practices, 

restraints of trade, or (b) any State offense (other than one 

involving a firearm or explosive) classified by the laws of the 

State as a misdemeanor and punishable by a term of imprisonment of two years or less.

Customs officer. Any officer of the Customs Service or any 

commissioned, warrant, or petty officer of the Coast Guard, or 

any agent or other person authorized to perform the duties of an 

officer of the Customs Service.

Dealer. Any person engaged in the business of distributing 

explosive materials at wholesale or retail.

Detonator. Any device containing a detonating charge that is 

used for initiating detonation in an explosive. The term includes, 

but is not limited to, electric blasting caps of instantaneous and 

delay types, blasting caps for use with safety fuses, detonatingcord delay connectors, and nonelectric instantaneous and delay 

blasting caps.

Director. (a) Prior to January 24, 2003. The Director, Bureau of 

Alcohol, Tobacco and Firearms, Department of the Treasury, 

Washington, DC. (b) On and after January 24, 2003. The Director, 

Bureau of Alcohol, Tobacco, Firearms and Explosives, 

Department of Justice, Washington, DC.

Discharged under dishonorable conditions. Separation from 

the U.S. Armed Forces resulting from a dishonorable discharge or 

dismissal adjudged by general court-martial. The term does not 

include any separation from the Armed Forces resulting from any 

other discharge, e.g., a bad conduct discharge.

Display fireworks. Large fireworks designed primarily to 

produce visible or audible effects by combustion, deflagration, or 

detonation. This term includes, but is not limited to, salutes 

containing more than 2 grains (130 mg) of explosive materials, 

aerial shells containing more than 40 grams of pyrotechnic 

compositions, and other display pieces which exceed the limits of 

explosive materials for classification as “consumer fireworks.” 

Display fireworks are classified as fireworks UN0333, UN0334 

or UN0335 by the U.S. Department of Transportation at 49 CFR 

172.101. This term also includes fused setpieces containing 

components which together exceed 50 mg of salute powder.

Distribute. To sell, issue, give, transfer, or otherwise dispose 

of. The term does not include a mere change of possession from a 

person to his agent or employee in connection with the agency or 

employment.

Executed under penalties of perjury. Signed with the 

required declaration under the penalties of perjury as provided on 

or with respect to the return, form, or other document or, where 

no form of declaration is required, with the declaration:

“I declare under the penalties of perjury that this—(insert type 

of document, such as, statement, application, request, certificate), 

including the documents submitted in support thereof, has been 

examined by me and, to the best of my knowledge and belief, is 

true, correct, and complete”.

Explosive actuated device. Any tool or special mechanized 

device which is actuated by explosives, but not a propellent 

actuated device.

Explosive materials. Explosives, blasting agents, water gels 

and detonators. Explosive materials include, but are not limited 

to, all items in the “List of Explosive Materials” provided for in 

§555.23.

Explosives. Any chemical compound, mixture, or device, the 

primary or common purpose of which is to function by explosion. 

The term includes, but is not limited to, dynamite and other high 

explosives, black powder, pellet powder, initiating explosives, 

detonators, safety fuses, squibs, detonating cord, igniter cord, and 

igniters.

Fireworks. Any composition or device designed to produce a 

visible or an audible effect by combustion, deflagration, or 

detonation, and which meets the definition of “consumer fireworks” or “display fireworks” as defined by this section.

Fireworks mixing building. Any building or area used for 

mixing and blending pyrotechnic compositions except wet 

sparkler mix.

Fireworks nonprocess building. Any office building or other 

building or area in a fireworks plant where no fireworks, pyrotechnic compositions or explosive materials are processed or 

stored.

Fireworks plant. All land and buildings thereon used for or in 

connection with the assembly or processing of fireworks, 

including warehouses used with or in connection with fireworks 

plant operations.

Fireworks plant warehouse. Any building or structure used 

exclusively for the storage of materials which are neither explosive materials nor pyrotechnic compositions used to manufacture 

or assemble fireworks.

Fireworks process building. Any mixing building; any 

building in which pyrotechnic compositions or explosive materials is pressed or otherwise prepared for finished and assembly; or 

any finishing or assembly building.

Fireworks shipping building. A building used for the packing 

of assorted display fireworks into shipping cartons for individual 

public displays and for the loading of packaged displays for 

shipment to purchasers.

Flash powder. An explosive material intended to produce an 

audible report and a flash of light when ignited which includes 

but is not limited to oxidizers such as potassium chlorate or 

potassium perchlorate, and fuels such as sulfur or aluminum 

powder.

Fugitive from justice. Any person who has fled from the 

jurisdiction of any court of record to avoid prosecution for any 

crime or to avoid giving testimony in any criminal proceeding. 
16

The term also includes any person who has been convicted of any 

crime and has fled to avoid imprisonment.

Hardwood. Oak, maple, ash, hickory, or other hard wood, free 

from loose knots, spaces, or similar defects.

Highway. Any public street, public alley, or public road, 

including a privately financed, constructed, or maintained road 

that is regularly and openly traveled by the general public.

Identification document. A document containing the name, 

residence address, date of birth, and photograph of the holder and 

which was made or issued by or under the authority of the United 

States Government, a State, political subdivision of a State, a 

foreign government, a political subdivision of a foreign government, an international governmental or an international quasigovernmental organization which, when completed with information concerning a particular individual, is of a type intended or 

commonly accepted for the purpose of identification of individuals.

Importer. Any person engaged in the business of importing or 

bringing explosive materials into the United States for purposes 

of sale or distribution.

Indictment. Includes an indictment or information in any court 

under which a crime punishable by imprisonment for a term 

exceeding one year may be prosecuted.

Inhabited building. Any building regularly occupied in whole 

or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other structure where people are 

accustomed to assemble, except any building occupied in 

connection with the manufacture, transportation, storage, or use 

of explosive materials.

Interstate or foreign commerce. Commerce between any 

place in a State and any place outside of that State, or within any 

possession of the United States or the District of Columbia, and 

commerce between places within the same State but through any 

place outside of that State.

Licensed dealer. A dealer licensed under this part.

Licensed importer. An importer licensed under this part.

Licensed manufacturer. A manufacturer licensed under this 

part to engage in the business of manufacturing explosive 

materials for purposes of sale or distribution or for his own use.

Licensee. Any importer, manufacturer, or dealer licensed under 

this part.

Limited permit. A permit issued to a person authorizing him 

to receive for his use explosive materials from a licensee or 

permittee in his state of residence on no more than 6 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.

Magazine. Any building or structure, other than an explosives 

manufacturing building, used for storage of explosive materials.

Manufacturer. Any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution 

or for his own use.

Mass detonation (mass explosion). Explosive materials mass 

detonate (mass explode) when a unit or any part of a larger 

quantity of explosive material explodes and causes all or a 

substantial part of the remaining material to detonate or explode.

Mental institution. Includes mental health facilities, mental 

hospitals, sanitariums, psychiatric facilities, and other facilities 

that provide diagnoses by licensed professionals of mental 

retardation or mental illness, including a psychiatric ward in a 

general hospital.

Natural barricade. Natural features of the ground, such as 

hills, or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the magazine 

when the trees are bare of leaves.

Number 8 test blasting cap. (See definition of “blasting 

agent.”)

Permittee. Any user of explosives for a lawful purpose who has 

obtained either a user permit or a limited permit under this part.

Person. Any individual, corporation, company, association, 

firm, partnership, society, or joint stock company.

Plywood. Exterior, construction grade (laminated wood) 

plywood.

Propellant actuated device. (a) Any tool or special mechanized device or gas generator system that is actuated by a propellant or which releases and directs work through a propellant 

charge.

(b) The term does not include—

(1) Hobby rocket motors consisting of ammonium perchlorate 

composite propellant, black powder, or other similar low explosives, regardless of amount; and

(2) Rocket-motor reload kits that can be used to assemble 

hobby rocket motors containing ammonium perchlorate composite 

propellant, black powder, or other similar low explosives, regardless of amount.

Pyrotechnic compositions. A chemical mixture which, upon 

burning and without explosion, produces visible, brilliant displays, bright lights, or sounds.

Railway. Any steam, electric, or other railroad or railway which 

carries passengers for hire.

Region. A geographical region of the Bureau of Alcohol, 

Tobacco, Firearms and Explosives.

Regional director (compliance). (Changed to “Director, 

Industry Operations” within the respective ATF Field Divisions.) 

The principal regional official responsible for administering 

regulations in this part. 

Renounced U.S. citizenship. (a) A person has renounced his 

U.S. citizenship if the person, having been a citizen of the United 

States, has renounced citizenship either—

(1) Before a diplomatic or consular officer of the United States 

in a foreign state pursuant to 8 U.S.C. 1481(a)(5); or

(2) Before an officer designated by the Attorney General when 

the United States is in a state of war pursuant to 8 U.S.C. 

1481(a)(6).
17

(b) The term will not include any renunciation of citizenship 

that has been reversed as a result of administrative or judicial 

appeal.

Responsible person. An individual who has the power to direct 

the management and policies of the applicant pertaining to 

explosive materials. Generally, the term includes partners, sole 

proprietors, site managers, corporate officers and directors, and 

majority shareholders.

Salute. An aerial shell, classified as a display firework, that 

contains a charge of flash powder and is designed to produce a 

flash of light and a loud report as the pyrotechnic effect.

Screen barricade. Any barrier that will contain the embers and 

debris from a fire or deflagration in a process building, thus 

preventing propagation of fire to other buildings or areas. Such 

barriers shall be constructed of metal roofing, 1⁄4 to 1⁄2" (6 to 13 

mm) mesh screen, or equivalent material. The barrier extends 

from floor level to a height such that a straight line from the top 

of any side wall of the donor building to the eave line of any 

exposed building intercepts the screen at a point not less than 5 

feet (1.5 m) from the top of the screen. The top 5 feet (1.5 m) of 

the screen is inclined towards the donor building at an angle of 30 

to 45o.

Softwood. Fir, pine, or other soft wood, free from loose knots, 

spaces, or similar defects.

State. A State of the United States. The term includes the 

District of Columbia, the Commonwealth of Puerto Rico, and the 

possessions of the United States.

State of residence. The State in which an individual regularly 

resides or maintains his home. Temporary stay in a State does not 

make the State of temporary stay the State of residence.

Theatrical flash powder. Flash powder commercially manufactured in premeasured kits not exceeding 1 ounce and mixed 

immediately prior to use and intended for use in theatrical shows, 

stage plays, band concerts, magic acts, thrill shows, and clown 

acts in circuses.

Unlawful user of or addicted to any controlled substance. A 

person who uses a controlled substance and has lost the power of 

self-control with reference to the use of a controlled substance; 

and any person who is a current user of a controlled substance in 

a manner other than as prescribed by a licensed physician. Such 

use is not limited to the use of drugs on a particular day, or within 

a matter of days or weeks before possession of the explosive 

materials, but rather that the unlawful use has occurred recently 

enough to indicate that the individual is actively engaged in such 

conduct. A person may be an unlawful current user of a controlled substance even though the substance is not being used at 

the precise time the person seeks to acquire explosive materials 

or receives or possesses explosive materials. An inference of 

current use may be drawn from evidence of a recent use or 

possession of a controlled substance or a pattern of use or 

possession that reasonably covers the present time, e.g., a 

conviction for use or possession of a controlled substance within 

the past year; multiple arrests for such offenses within the past 5 

years if the most recent arrest occurred within the past year; or 

persons found through a drug test to use a controlled substance 

unlawfully, provided that the test was administered within the 

past year. For a current or former member of the Armed Forces, 

an inference of current use may be drawn from recent disciplinary or other administrative action based on confirmed drug use, 

e.g., court-martial conviction, nonjudicial punishment, or an 

administrative discharge based on drug use or drug rehabilitation 

failure.

U.S.C. The United States Code.

User-limited permit. A user permit valid only for a single 

purchase transaction, a new permit being required for a subsequent purchase transaction.

User permit. A permit issued to a person authorizing him (a) 

to acquire for his own use explosive materials from a licensee in a 

State other than the State in which he resides or from a foreign 

country, and (b) to transport explosive materials in interstate or 

foreign commerce.

Water gels. Explosives or blasting agents that contain a 

substantial proportion of water.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981]
18

Subpart C—Administrative and Miscellaneous Provisions

§555.21 Forms prescribed.

(a) The Director is authorized to prescribe all forms required 

by this part. All of the information called for in each form shall 

be furnished as indicated by the headings on the form and the 

instructions on or pertaining to the form. In addition, information called for in each form shall be furnished as required by 

this part.

(b) Requests for forms should be mailed to the ATF 

Distribution Center, 1519 Cabin Branch Drive, Landover, MD 

20785.

[T.D. ATF–92, 46 FR 46916, Sept. 23, 1981, as amended by T.D. ATF–249, 52 

FR 5961, Feb. 27, 1987; T.D. 372, 61 FR 20724, May 8, 1996; ATF–11F, 73 FR 

57242, Oct. 2, 2008]

§555.22 Alternate methods or procedures; 

emergency variations from requirements.

(a) Alternate methods or procedures. The permittee or licensee, 

on specific approval by the Director as provided by this paragraph, may use an alternate method or procedure in lieu of a 

method or procedure specifically prescribed in this part. The 

Director may approve an alternate method or procedure, subject 

to stated conditions, when he finds that:

(1) Good cause is shown for the use of the alternate 

method or procedure;

(2) The alternate method or procedure is within the 

purpose of, and consistent with the effect intended by, the 

specifically prescribed method or procedure and that the 

alternate method or procedure is substantially equivalent to that 

specifically prescribed method or procedure; and

(3) The alternate method or procedure will not be contrary 

to any provision of law and will not result in an increase in cost 

to the Government or hinder the effective administration of this 

part. 

Where the permittee or licensee desires to employ an 

alternate method or procedure, he shall submit a written 

application to the Director, Industry Operations, for transmittal 

to the Director. The application shall specifically describe the 

proposed alternate method or procedure and shall set forth the 

reasons for it. Alternate methods or procedures may not be 

employed until the application is approved by the Director. The 

permittee or licensee shall, during the period of authorization of 

an alternate method or procedure, comply with the terms of the 

approved application. Authorization of any alternate method or 

procedure may be withdrawn whenever, in the judgment of the 

Director, the effective administration of this part is hindered by 

the continuation of the authorization. As used in this paragraph, 

alternate methods or procedures include alternate construction 

or equipment.

(b) Emergency variations from requirements. The Director may 

approve construction, equipment, and methods of operation 

other than as specified in this part, where he finds that an 

emergency exists and the proposed variations from the specified 

requirements are necessary and the proposed variations:

(1) Will afford security and protection that are substantially equivalent to those prescribed in this part;

(2) Will not hinder the effective administration of this 

part; and

(3) Will not be contrary to any provisions of law.

Variations from requirements granted under this paragraph are 

conditioned on compliance with the procedures, conditions, and 

limitations set forth in the approval of the application. Failure to 

comply in good faith with the procedures, conditions, and 

limitations shall automatically terminate the authority for the 

variations and the licensee or permittee shall fully comply with 

the prescribed requirements of regulations from which the 

variations were authorized. Authority for any variation may be 

withdrawn whenever, in the judgment of the Director, the 

effective administration of this part is hindered by the continuation of the variation. Where the licensee or permittee desires to 

employ an emergency variation, he shall submit a written 

application to the Director, Industry Operations for transmittal 

to the Director. The application shall describe the proposed 

variation and set forth the reasons for it. Variations may not be 

employed until the application is approved, except when the 

emergency requires immediate action to correct a situation that 

is threatening to life or property. Corrective action may then be 

taken concurrent with the filing of the application and notification of the Director via telephone.

(c) Retention of approved variations. The licensee or permittee 

shall retain, as part of his records available for examination by 

ATF officers, any application approved by the Director under 

this section.

§555.23 List of explosive materials.

The Director shall compile a list of explosive materials, which 

shall be published and revised at least annually in the Federal 

Register. The “List of Explosive Materials” (ATF Publication 

5400.8) is available at no cost upon request from the ATF 

Distribution Center (See §555.21).

[T.D. ATF–290, 54 FR 53054, Dec. 27, 1989, as amended by T.D. ATF–446, 66 

FR 16602, Mar. 27, 2001; ATF–11F, 73 FR 57242, Oct. 2, 2008]

§555.24 Right of entry and examination.

(a) Any ATF officer may enter during business hours the 

premises, including places of storage, of any licensee or holder 

of a user permit for the purpose of inspecting or examining any 

records or documents required to be kept under this part, and 

any facilities in which explosive materials are kept or stored.
19

(b) Any ATF officer may inspect the places of storage for 

explosive materials of an applicant for a limited permit or, in the 

case of a holder of a limited permit, at the time of renewal of such 

permit.

(c) The provisions of paragraph (b) of this section do not apply 

to an applicant for the renewal of a limited permit if an ATF 

officer has, within the preceding 3 years, verified by inspection 

that the applicant's place of storage for explosive materials meets 

the requirements of subpart K of this part.

[ATF No. 1, 68 FR 13781, Mar. 20, 2003]

§555.25 Disclosure of information.

Upon receipt of written request from any State or any political 

subdivision of a State, the Director, Industry Operations may 

make available to the State or political subdivision any information which the Director, Industry Operations may obtain under the 

Act with respect to the identification of persons within the State 

or political subdivision, who have purchased or received explosive 

materials, together with a description of the explosive materials.

§555.26 Prohibited shipment, transportation, 

receipt, possession, or distribution of explosive 

materials.

(a) General. No person, other than a licensee or permittee 

knowingly may transport, ship, cause to be transported, or receive 

any explosive materials: Provided, that the provisions of this 

paragraph (a) do not apply to the lawful purchase by a nonlicensee or nonpermittee of commercially manufactured black 

powder in quantities not to exceed 50 pounds, 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) Holders of a limited permit. No person who is a holder of a 

limited permit may—

(1) Transport, ship, cause to be transported, or receive in 

interstate or foreign commerce any explosive materials;

(2) Receive explosive materials from a licensee or permittee, whose premises are located outside the State of residence of 

the limited permit holder; or

(3) Receive explosive materials on more than 6 separate 

occasions, during the period of the permit, from one or more 

licensees or permittees whose premises are located within the 

State of residence of the limited permit holder. (See §555.105(b) 

for the definition of “6 separate occasions.”)

(c) Possession by prohibited persons. No person may ship or 

transport any explosive material in or affecting interstate or 

foreign commerce or receive or possess any explosive materials 

which have been shipped or transported in or affecting interstate 

or foreign commerce who:

(1) Is under indictment or information for, or who has been 

convicted in any court of, a crime punishable by imprisonment for 

a term exceeding one year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled 

substance (as defined in section 102 of the Controlled Substances 

Act (21 U.S.C. 802) and §555.11);

(4) Has been adjudicated as a mental defective or has been 

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)); or

(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 State, entering the 

United States on official law enforcement business, and the 

shipping, transporting, possession, or receipt of explosive materials is in furtherance of this official law enforcement business;

(B) Is a person having the power to direct or 

cause the direction of the management and policies of a corporation, partnership, or association licensed pursuant to section 

843(a) of the Act, and the shipping, transporting, possession, or 

receipt of explosive materials is in furtherance of such power;

(C) Is a member of a North Atlantic Treaty 

Organization (NATO) or other friendly foreign military force, as 

determined by the Attorney General in consultation with the 

Secretary of Defense, (whether or not admitted in a nonimmigrant 

status) who is present in the United States under military orders 

for training or other military purpose authorized by the United 

States, and the shipping, transporting, possession, or receipt of 

explosive materials is in furtherance of the military purpose; or

(D) Is lawfully present in the United States in 

cooperation with the Director of Central Intelligence, and the 

shipment, transportation, receipt, or possession of the explosive 

materials is in furtherance of such cooperation;

(6) Has been discharged from the armed forces under 

dishonorable conditions; or

(7) Having been a citizen of the United States, has 

renounced citizenship.

(d) Distribution to prohibited persons. No person may knowingly 

distribute explosive materials to any individual who:

(1) Is under twenty-one years of age;

(2) Is under indictment or information for, or who has been 

convicted in any court of, a crime punishable by imprisonment for 

a term exceeding one year;

(3) Is a fugitive from justice;
20

(4) Is an unlawful user of or addicted to any controlled 

substance (as defined in section 102 of the Controlled Substances 

Act (21 U.S.C. 802) and §555.11);

(5) Has been adjudicated as a mental defective or has been 

committed to a mental institution;

(6) 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)); or

(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 State, entering the 

United States on official law enforcement business, and the 

shipping, transporting, possession, or receipt of explosive 

materials is in furtherance of this official law enforcement 

business;

(B) Is a person having the power to direct or 

cause the direction of the management and policies of a corporation, partnership, or association licensed pursuant to section 

843(a) of the Act, and the shipping, transporting, possession, or 

receipt of explosive materials is in furtherance of such power;

(C) Is a member of a North Atlantic Treaty 

Organization (NATO) or other friendly foreign military force, as 

determined by the Attorney General in consultation with the 

Secretary of Defense, (whether or not admitted in a nonimmigrant 

status) who is present in the United States under military orders 

for training or other military purpose authorized by the United 

States, and the shipping, transporting, possession, or receipt of 

explosive materials is in furtherance of the military purpose; or

(D) Is lawfully present in the United States in 

cooperation with the Director of Central Intelligence, and the 

shipment, transportation, receipt, or possession of the explosive 

materials is in furtherance of such cooperation;

(7) Has been discharged from the armed forces under 

dishonorable conditions; or

(8) Having been a citizen of the United States, has 

renounced citizenship.

(e) See § 555.180 for regulations concerning the prohibited 

manufacture, importation, exportation, shipment, transportation, 

receipt, transfer, or possession of plastic explosives that do not 

contain a detection agent.

[ATF No. 1, 68 FR 13781, Mar. 20, 2003]

§555.27 Out-of-State disposition of explosive 

materials.

(a) No nonlicensee or nonpermittee may distribute any explosive 

materials to any other nonlicensee or nonpermittee who the 

distributor knows or who has reasonable cause to believe does not 

reside in the State in which the distributor resides.

(b) The provisions of this section do not apply on and after May 

24, 2003.

[ATF No. 1, 68 FR 13782, Mar. 20, 2003]

§555.28 Stolen explosive materials.

No person shall receive, conceal, transport, ship, store, barter, 

sell, or dispose of any stolen explosive materials knowing or 

having reasonable cause to believe that the explosive materials 

were stolen.

§555.29 Unlawful storage.

No person shall store any explosive materials in a manner not in 

conformity with this part.

§555.30 Reporting theft or loss of explosive 

materials.

(a) Any licensee or permittee who has knowledge of the theft or 

loss of any explosive materials from his stock shall, within 24 

hours of discovery, report the theft or loss by telephoning 1-800-

800-3855 (nationwide toll free number) and on ATF F 5400.5 

(formerly Form 4712) in accordance with the instructions on the 

form. Theft or loss of any explosive materials shall also be 

reported to appropriate local authorities.

(b) Any other person, except a carrier of explosive materials, 

who has knowledge of the theft or loss of any explosive materials 

from his stock shall, within 24 hours of discovery, report the theft 

or loss by telephoning 1-800-800-3855 (nationwide toll free 

number) and in writing to the nearest ATF office. Theft or loss 

shall be reported to appropriate local authorities.

(c) Reports of theft or loss of explosive materials under paragraphs (a) and (b) of this section must include the following 

information, if known:

(1) The manufacturer or brand name.

(2) The manufacturer's marks of identification (date and 

shift code).

(3) Quantity (applicable quantity units, such as pounds of 

explosives, number of detonators, etc.).

(4) Description (dynamite, blasting agents, detonators, etc.) 

and United Nations (UN) identification number, hazard division 

number, and classification letter, e.g., 1.1D, as classified by the 

U.S. Department of Transportation at 49 CFR 172.101 and 

173.52.

(5) Size (length and diameter).
21

(d) A carrier of explosive materials who has knowledge of the 

theft or loss of any explosive materials shall, within 24 hours of 

discovery, report the theft or loss by telephoning 1-800-800-3855 

(nationwide toll free number). Theft or loss shall also be reported 

to appropriate local authorities. Reports of theft or loss of 

explosive materials by carriers shall include the following 

information, if known:

(1) The manufacturer or brand name.

(2) Quantity (applicable quantity units, such as pounds of 

explosives, number of detonators, etc.).

(3) Description (United Nations (UN) identification 

number, hazard division number, and classification letter, e.g., 

1.1D) as classified by the U.S. Department of Transportation at 

49 CFR 172.101 and 173.52.

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

45002, Aug. 24, 1998]

§555.31 Inspection of site accidents or fires; right 

of entry.

Any ATF officer may inspect the site of any accident or fire in 

which there is reason to believe that explosive materials were 

involved. Any ATF officer may enter into or upon any property 

where explosive materials have been used, are suspected of 

having been used, or have been found in an otherwise unauthorized location.

§555.32 Special explosive devices.

The Director may exempt certain explosive actuated devices, 

explosive actuated tools, or similar devices from the requirements 

of this part. A person who desires to obtain an exemption under 

this section for any special explosive device, which as designed 

does not constitute a public safety or security hazard, shall submit 

a written request to the Director. Each request shall be executed 

under the penalties of perjury and contain a complete and 

accurate description of the device, the name and address of the 

manufacturer or importer, the purpose of and use for which it is 

intended, and any photographs, diagrams, or drawings as may be 

necessary to enable the Director to make a determination. The 

Director may require that a sample of the device be submitted for 

examination and evaluation. If it is not possible to submit the 

device, the person requesting the exemption shall advise the 

Director and designate the place where the device will be 

available for examination and evaluation.

§555.33 Background checks and clearances 

(effective May 24, 2003).

(a) Background checks. 

(1) If the Director receives from a licensee or permittee the 

names and appropriate identifying information of responsible 

persons and employees who will be authorized by the employer to 

possess explosive materials in the course of employment with the 

employer, the Director will conduct a background check in 

accordance with this section.

(2) The Director will determine whether the responsible 

person or employee is one of the persons described in any 

paragraph of section 842(i) of the Act (see §555.26). In making 

such determination, the Director may take into account a letter or 

document issued under paragraph (a)(3) of this section.

(3) (i) If the Director determines that the responsible 

person or the employee is not one of the persons described in any 

paragraph of section 842(i) of the Act (see §555.26), the Director 

will notify the employer in writing or electronically of the 

determination and issue, to the responsible person or employee, 

as the case may be, a letter of clearance which confirms the 

determination.

(ii) If the Director determines that the responsible 

person or employee is one of the persons described in any 

paragraph of section 842(i) of the Act (see §555.26), ATF will 

notify the employer in writing or electronically of the determination and issue to the responsible person or the employee, as the 

case may be, a document that confirms the determination; 

explains the grounds for the determination; provides information 

on how the disability may be relieved; and explains how the 

determination may be appealed. The employer will retain the 

notification as part of his permanent records in accordance with 

§ 555.121. The employer will take immediate steps to remove the 

responsible person from his position directing the management or 

policies of the business or operations as they relate to explosive 

materials or, as the case may be, to remove the employee from a 

position requiring the possession of explosive materials. Also, if 

the employer has listed the employee as a person authorized to 

accept delivery of explosive materials, as specified in §555.103 

or § 555.105, the employer must remove the employee from such 

list and immediately, and in no event later than the second 

business day after such change, notify distributors of such 

change.

(b) Appeals and correction of erroneous system information—

(1) In general. A responsible person or employee may 

challenge the adverse determination set out in the letter of denial, 

in writing and within 45 days of issuance of the determination, by 

directing his or her challenge to the basis for the adverse determination, or to the accuracy of the record upon which the adverse 

determination is based, to the Director. The appeal request must 

include appropriate documentation or record(s) establishing the 

legal and/or factual basis for the challenge. Any record or 

document of a court or other 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.
22

(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 appropriate, 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]

§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) 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 (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:
23

(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.

(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]
24

§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]

§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) Licenses issued prior to May 24, 2003. Any person who 

intends to engage in business as an explosive materials importer, 

manufacturer, or dealer, or who has not timely submitted application for renewal of a previous license issued under this part, shall 

file with ATF an application for License, Explosives, ATF F 

5400.13/5400.16 with ATF in accordance with the instructions on 

the form. The application must be executed under the penalties of 

perjury and the penalties imposed by 18 U.S.C. 844(a). The 

application is to be accompanied by the appropriate fee in the 

form of a money order or check made payable to the Bureau of 

Alcohol, Tobacco and Firearms. ATF F 5400.13/5400.16 may be 

obtained from any ATF office. The Chief, Federal Explosives 

Licensing Center, will not approve an application postmarked on 

or after March 20, 2003, unless it is submitted with a Responsible 

Person Questionnaire, ATF Form 5400.28. Form 5400.28 must be 

completed in accordance with the instructions on the form.

(b) Permits issued prior to May 24, 2003. Any person, except as 

provided in §555.41(a), who intends to acquire explosive 

materials from a licensee 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 application for renewal of a 

previous permit issued under this part, shall file an application 

for Permit, Explosives, ATF F 5400.13/5400.16 or Permit, User 

Limited Special Fireworks, ATF F 5400.21 with ATF in accordance with the instructions on the form. The application must be 

executed under the penalties of perjury and the penalties imposed 

by 18 U.S.C. 844(a). The application is to be accompanied by the 

appropriate fee in the form of a money order or check made 

payable to the Bureau of Alcohol, Tobacco and Firearms. ATF F 

5400.13/5400.16 and ATF F 5400.21 may be obtained from any 

ATF office. The Chief, Federal Explosives Licensing Center, will 

not approve an application postmarked on or after March 20, 

2003, unless it is submitted with a Responsible Person 

Questionnaire, ATF Form 5400.28. Form 5400.28 must be 

completed in accordance with the instructions on the form.

(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 5400.13/5400.16, with 

ATF in accordance with the instructions on the form. ATF Form 

5400.13/5400.16 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 
25

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 

5400.13/5400.16 or Permit, User Limited Display Fireworks, ATF 

F 5400.21 with ATF in accordance with the instructions on the 

form. ATF Form 5400.13/5400.16 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);

(ii) Include a photograph, fingerprints, and appropriate identifying information for each responsible person;

(iii) 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

(iv) Include the appropriate fee in the form of money 

order or check made payable to the Bureau of Alcohol, Tobacco, 

Firearms and Explosives.

(3) The Federal Explosives Licensing Center, will conduct 

background checks on responsible persons and employees 

authorized by the applicant to possess explosive materials in 

accordance with § 555.33. If it is determined that any responsible 

person or employee is described in any paragraph of section 

842(i) of the Act, the applicant must submit an amended application indicating removal or reassignment of that person before the 

license or permit will be issued.

(Approved by the Office of Management and Budget 

under control number 1140–0083)

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226))

[T.D. ATF–200, 50 FR 10497, Mar. 15, 1985, as amended by T.D. ATF–400, 63 FR 

45002, Aug. 24, 1998; ATF No. 1, 68 FR 13785, Mar. 20, 2003]

§555.46 Renewal of license or permit.

(a) If a licensee or permittee intends to continue the business or 

operation described on a license or permit issued under this part 

after the expiration date of the license or permit, he shall, unless 

otherwise notified in writing by the Chief, Federal Explosives 

Licensing Center, execute and file prior to the expiration of 

his license or permit an application for license renewal, 

ATF F 5400.14 (Part III), or an application for permit renewal, 

ATF F 5400.15 (Part III), accompanied by the required fee, with 

ATF in accordance with the instructions on the form. In the event 

the licensee or permittee does not timely file a renewal application, he shall file an original application as required by §555.45, 

and obtain the required license or permit in order to continue 

business or operations.

(b) A user-limited permit is not renewable and is valid for a 

single purchase transaction. Applications for all user-limited 

permits must be filed on ATF F 5400.13/5400.16 or ATF F 

5400.21, as required by §555.45.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226))

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–200, 50 FR 

10497, Mar. 15, 1985; T.D. ATF–290, 54 FR 53054, Dec. 27, 1989; T.D. ATF–400, 

63 FR 45002, Aug. 24, 1998]

§555.47 Insufficient fee.

If an application is filed with an insufficient fee, the application and fee submitted will be returned to the applicant.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226))

[T.D. ATF–200, 50 FR 10498, Mar. 15, 1985]

§555.48 Abandoned application.

Upon receipt of an incomplete or improperly executed application, 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 as having been abandoned and the license or permit 

fee returned.

§555.49 Issuance of license or permit.

(a) Issuance of license or permit prior to May 24, 2003. 

(1) The Chief, Federal Explosives Licensing Center, will 

issue a license or permit if—

(i) A properly executed application for the license 

or permit is received; and

(ii) Through further inquiry or investigation, or 

otherwise, it is found that the applicant is entitled to the license or 

permit.

(2) The Chief, Federal Explosives Licensing Center, will 

approve a properly executed application for a license or permit, 

if:

(i) The applicant is 21 years of age or over;

(ii) The applicant (including, in the case of a 

corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the 

direction of the management and policies of the corporation, 

partnership, or association) is not a person to whom distribution 

of explosive materials is prohibited under the Act;

(iii) The applicant has not willfully violated any 

provisions of the Act or this part;

(iv) The applicant has not knowingly withheld 

information or has not made any false or fictitious statement 

intended or likely to deceive, in connection with his application;

(v) The applicant has in a State, premises from 

which he conducts business or operations subject to license or 

permit under the Act or from which he intends to conduct 

business or operations;

(vi) The applicant has storage for the class (as 

described in § 555.202) of explosive materials described on the 

application, unless he establishes to the satisfaction of the Chief, 

Federal Explosives Licensing Center, that the business or 

operations to be conducted will not require the storage of 

explosive materials;
26

(vii) The applicant has certified in writing that he is 

familiar with and understands all published State laws and local 

ordinances relating to explosive materials for the location in 

which he intends to do business; and

(viii) The applicant for a license has submitted the 

certificate required by section 21 of the Federal Water Pollution 

Control Act, as amended (33 U.S.C. 1341).

(3) The Chief, Federal Explosives Licensing Center, will 

approve or the Director, Industry Operations will deny any 

application for a license or permit within the 45-day period 

beginning on the date a properly executed application was 

received. However, when an applicant for license or permit 

renewal is a person who is, under the provisions of §555.83 or 

§555.142, conducting business or operations under a previously 

issued license or permit, action regarding the application will be 

held in abeyance pending the completion of the proceedings 

against the applicant's existing license or permit, or renewal 

application, or final action by the Director on an application for 

relief submitted under § 555.142, as the case may be.

(4) The license or permit and one copy will be forwarded to 

the applicant, except that in the case of a user-limited permit, the 

original only will be issued.

(5) Each license or permit will bear a serial number and 

this number may be assigned to the licensee or permittee to 

whom issued for as long as he maintains continuity of renewal in 

the same region.

(b) Issuance of license or permit on and after May 24, 2003. 

(1) The Chief, Federal Explosives Licensing Center, will 

issue a license or permit if:

(i) A properly executed application for the license 

or permit is received; and

(ii) Through further inquiry or investigation, or 

otherwise, it is found that the applicant is entitled to the license or 

permit.

(2) The Chief, Federal Explosives Licensing Center, will 

approve a properly executed application for a license or permit, 

if:

(i) The applicant (or, if the applicant is a corporation, partnership, or association, each responsible person with 

respect to the applicant) is not a person described in any paragraph of section 842(i) of the Act;

(ii) The applicant has not willfully violated any 

provisions of the Act or this part;

(iii) The applicant has not knowingly withheld 

information or has not made any false or fictitious statement 

intended or likely to deceive, in connection with his application;

(iv) The applicant has in a State, premises from 

which he conducts business or operations subject to license or 

permit under the Act or from which he intends to conduct 

business or operations;

(v) The applicant has storage for the class (as 

described in § 555.202) of explosive materials described on the 

application;

(vi) The applicant has certified in writing that he is 

familiar with and understands all published State laws and local 

ordinances relating to explosive materials for the location in 

which he intends to do business;

(vii) The applicant for a license has submitted the 

certificate required by section 21 of the Federal Water Pollution 

Control Act, as amended (33 U.S.C. 1341);

(viii) None of the employees of the applicant who will 

be authorized by the applicant to possess explosive materials is a 

person described in any paragraph of section 842(i) of the Act; 

and

(ix) In the case of an applicant for a limited permit, 

the applicant has certified in writing that the applicant will not 

receive explosive materials on more than 6 separate occasions 

during the 12-month period for which the limited permit is valid.

(3) The Chief, Federal Explosives Licensing Center, will 

approve or the Director, Industry Operations will deny any 

application for a license or permit within the 90-day period 

beginning on the date a properly executed application was 

received. However, when an applicant for license or permit 

renewal is a person who is, under the provisions of § 555.83 or 

§ 555.142, conducting business or operations under a previously 

issued license or permit, action regarding the application will be 

held in abeyance pending the completion of the proceedings 

against the applicant's existing license or permit, or renewal 

application, or final action by the Director on an application for 

relief submitted under § 555.142, as the case may be.

(4) The license or permit and one copy will be forwarded to 

the applicant, except that in the case of a user-limited permit, the 

original only will be issued.

(5) Each license or permit will bear a serial number and this 

number may be assigned to the licensee or permittee to whom 

issued for as long as he maintains continuity of renewal in the 

same region.

(Approved by the Office of Management and Budget under 

control number 1140–0082)

[ATF No. 1, 68 FR 13785, Mar. 20, 2003]

§555.50 Correction of error on license or permit.

(a) Upon receipt of a license or permit issued under this part, 

each licensee or permittee shall examine the license or permit to 

insure that the information on it is accurate. If the license or 

permit is incorrect, the licensee or permittee shall return the 

license or permit to the Chief, Federal Explosives Licensing 

Center, with a statement showing the nature of the error. The 

Chief, Federal Explosives Licensing Center, shall correct the 

error, if the error was made in his office, and return the license or 

permit. However, if the error resulted from information contained 

in the licensee's or permittee's application for the license or 

permit, the Chief, Federal Explosives Licensing Center, shall 
27

require the licensee or permittee to file an amended application 

setting forth the correct information and a statement explaining 

the error contained in the application. Upon receipt of the 

amended application and a satisfactory explanation of the error, 

the Chief, Federal Explosives Licensing Center, shall make the 

correction on the license or permit and return it to the licensee or 

permittee.

(b) When the Chief, Federal Explosives Licensing Center, finds 

through any means other than notice from the licensee or permittee that an incorrect license or permit has been issued, (1) the 

Chief, Federal Explosives Licensing Center, may require the 

holder of the incorrect license or permit to return the license or 

permit for correction, and (2) if the error resulted from information contained in the licensee's or permittee's application for the 

license or permit, the Chief, Federal Explosives Licensing Center, 

shall require the licensee or permittee to file an amended application setting forth the correct information, and a statement 

satisfactorily explaining the error contained in the application. 

The Chief, Federal Explosives Licensing Center, then shall make 

the correction on the license or permit and return it to the licensee 

or permittee.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR 

53054, Dec. 27, 1989]

§555.51 Duration of license or permit.

(a) Prior to May 24, 2003. An original license or permit is issued 

for a period of three years. A renewal license or permit is issued 

for a period of three years. However, a user-limited permit is valid 

only for a single purchase transaction.

(b) On and after May 24, 2003. 

(1) An original license or user permit is issued for a period 

of three years. A renewal license or user permit is also issued for 

a period of three years. However, a user-limited permit is valid 

only for a single purchase transaction.

(2) A limited permit is issued for a period of one year. A 

renewal limited permit is also issued for a period of one year.

[ATF No. 1, 68 FR 13786, Mar. 20, 2003]

§555.52 Limitations on license or permit.

(a) The license covers the business of explosive materials 

specified in the license at the licensee's business premises (see 

§555.41(b)).

(b) The permit is valid with respect to the type of operations of 

explosive materials specified in the permit.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–387, 62 FR 

8376, Feb. 25, 1997; ATF 5F, 70 FR 30633, May 27, 2005]

§555.53 License and permit not transferable.

Licenses and permits issued under this part are not transferable 

to another person. In the event of the lease, sale, or other transfer 

of the business or operations covered by the license or permit, the 

successor must obtain the license or permit required by this part 

before commencing business or operations. However, for rules on 

right of succession, see § 555.59.

§555.54 Change of address.

(a) During the term of a license or permit, a licensee or permittee may move his business or operations to a new address at 

which he intends to regularly carry on his business or operations, 

without procuring a new license or permit. However, in every 

case, the licensee or permittee shall—

(1) Give notification of the new location of the business or 

operations to the Chief, Federal Explosives Licensing Center at 

least 10 days before the move; and

(2) Submit the license or permit to the Chief, Federal 

Explosives Licensing Center. The Chief, Federal Explosives 

Licensing Center will issue an amended license or permit, which 

will contain the new address (and new license or permit number, 

if any).

(b) Licensees and permittees whose mailing address will change 

must notify the Chief, Federal Explosives Licensing Center, at 

least 10 days before the change.

(Paragraph (b) approved by the Office of Management and 

Budget under control number 1140–0080)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR 

53054, Dec. 27, 1989; ATF No. 1, 68 FR 13786, Mar. 20, 2003]

§555.56 Change in trade name.

A licensee or permittee continuing to conduct business or 

operations at the location shown on his license or permit is not 

required to obtain a new license or permit by reason of a mere 

change in trade name under which he conducts his business or 

operations. However, the licensee or permittee shall furnish his 

license or permit and any copies furnished with the license or 

permit for endorsement of the change to the Chief, Federal 

Explosives Licensing Center, within 30 days from the date the 

licensee or permittee begins his business or operations under the 

new trade name.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR 

53054, Dec. 27, 1989]

§555.57 Change of control, change in responsible 

persons, and change of employees.

(a) In the case of a corporation or association holding a license 

or permit under this part, if actual or legal control of the corporation or association changes, directly or indirectly, whether by 

reason of change in stock ownership or control (in the corporation holding a license or permit or in any other corporation), by 

operation of law, or in any other manner, the licensee or permittee 

shall, within 30 days of the change, give written notification 
28

executed under the penalties of perjury, to the Chief, Federal 

Explosives Licensing Center. Upon expiration of the license or 

permit, the corporation or association shall file an ATF F 

5400.13/5400.16 as required by §555.45, and pay the fee 

prescribed in §555.42(b) or § 555.43(b).

(b) For all licenses or permits issued on and after May 24, 2003, 

each person holding the license or permit must report to the 

Chief, Federal Explosives Licensing Center, any change in 

responsible persons or employees authorized to possess explosive 

materials. Such report must be submitted within 30 days of the 

change and must include appropriate identifying information for 

each responsible person. Reports relating to newly hired employees authorized to possess explosive materials must be submitted 

on ATF F 5400.28 for each employee.

(c) Upon receipt of a report, the Chief, Federal Explosives 

Licensing Center, will conduct a background check, if appropriate, in accordance with §555.33.

(d) The reports required by paragraph (b) of this section must be 

retained as part of a licensee's or permittee's permanent records 

for the period specified in §555.121.

(Approved by the Office of Management and Budget under 

control number 1140–0074)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR 

53054, Dec. 27, 1989; ATF No. 1, 68 FR 13786, Mar. 20, 2003]

§555.58 Continuing partnerships.

Where, under the laws of the particular State, the partnership is 

not terminated on death or insolvency of a partner, but continues 

until the winding up of the partnership affairs is completed, and 

the surviving partner has the exclusive right to the control and 

possession of the partnership assets for the purpose of liquidation 

and settlement, the surviving partner may continue to conduct the 

business or operations under the license or permit of the partnership. If the surviving partner acquires the business or operations 

on completion of settlement of the partnership, he shall obtain a 

license or permit in his own name from the date of acquisition, as 

provided in §555.45. The rule set forth in this section will also 

apply where there is more than one surviving partner.

§555.59 Right of succession by certain persons.

(a) Certain persons other than the licensee or permittee may 

secure the right to carry on the same explosive materials business 

or operations at the same business premises for the remainder of 

the term of license or permit. These persons are:

(1) The surviving spouse or child, or executor, administrator, or other legal representative of a deceased licensee or 

permittee; and

(2) A receiver or trustee in bankruptcy, or an assignee for 

benefit of creditors.

(b) In order to secure the right of succession, the person or 

persons continuing the business or operations shall submit the 

license or permit and all copies furnished with the license or 

permit for endorsement of the succession to the Chief, Federal 

Explosives Licensing Center, within 30 days from the date on 

which the successor begins to carry on the business or operations.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR 

53054, Dec. 27, 1989]

§555.60 Certain continuances of business or 

operations.

A licensee or permittee who furnishes his license or permit to 

the Chief, Federal Explosives Licensing Center, for correction, 

amendment, or endorsement, as provided in this subpart, may 

continue his business or operations while awaiting its return.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR 

53054, Dec. 27, 1989]

§555.61 Discontinuance of business or operations.

Where an explosive materials business or operations is either 

discontinued or succeeded by a new owner, the owner of the 

business or operations discontinued or succeeded shall, within 30 

days, furnish notification of the discontinuance or succession and 

submit his license or permit and any copies furnished with the 

license or permit to the Federal Explosives Licensing Center. (See 

also §555.128.)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR 

53054, Dec. 27, 1989]

§555.62 State or other law.

A license or permit issued under this part confers no right or 

privilege to conduct business or operations, including storage, 

contrary to State or other law. The holder of a license or permit 

issued under this part is not, by reason of the rights and privileges 

granted by that license or permit, immune from punishment for 

conducting an explosive materials business or operations in 

violation of the provisions of any State or other law. Similarly, 

compliance with the provisions of any State or other law affords 

no immunity under Federal law or regulations.

§555.63 Explosives magazine changes.

(a) General. 

(1) The requirements of this section are applicable to 

magazines used for other than temporary (under 24 hours) storage 

of explosives.

(2) A magazine is considered suitable for the storage of 

explosives if the construction requirements of this part are met 

during the time explosives are stored in the magazine.

(3) A magazine is considered suitable for the storage of 

explosives if positioned in accordance with the applicable table of 

distances as specified in this part during the time explosives are 

stored in the magazine.

(4) For the purposes of this section, notification of the 

Director, Industry Operations may be by telephone or in writing. 

However, if notification of the Director, Industry Operations is in 

writing it must be at least three business days in advance of 

making changes in construction to an existing magazine or 
29

constructing a new magazine, and at least five business days in 

advance of using any reconstructed magazine or added magazine 

for the storage of explosives.

(b) Exception. Mobile or portable type 5 magazines are exempt 

from the requirements of paragraphs (c) and (d) of this section, 

but must otherwise be in compliance with paragraphs (a)(2) and 

(3) of this section during the time explosives are stored in such 

magazines.

(c) Changes in magazine construction. A licensee or permittee 

who intends to make changes in construction of an existing 

magazine shall notify the Director, Industry Operations describing the proposed changes prior to making any changes. Unless 

otherwise advised by the Director, Industry Operations, changes 

in construction may commence after explosives are removed from 

the magazine. Explosives may not be stored in a reconstructed 

magazine before the Director, Industry Operations has been 

notified in accordance with paragraph (a)(4) of this section that 

the changes have been completed.

(d) Magazines acquired or constructed after permit or 

license is issued. A licensee or permittee who intends to 

construct or acquire additional magazines shall notify the 

Director, Industry Operations in accordance with paragraph (a)(4) 

of this section describing the additional magazines and the class 

and quantity of explosives to be stored in the magazine. Unless 

otherwise advised by the Director, Industry Operations, additional magazines may be constructed, or acquired magazines may 

be used for the storage of explosives. Explosives must not be 

stored in a magazine under construction. The Director, Industry 

Operations must be notified that construction has been 

completed.

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

45002, Aug. 24, 1998]

Subpart E—License and Permit Proceedings

§555.71 Opportunity for compliance.

Except in cases of willfulness or those in which the public 

interest requires otherwise, and the Director, Industry 

Operations so alleges in the notice of denial of an application or 

revocation of a license or permit, no license or permit will be 

revoked or renewal application denied without first calling to 

the attention of the licensee or permittee the reasons for the 

contemplated action and affording him an opportunity to 

demonstrate or achieve compliance with all lawful requirements 

and to submit facts, arguments, or proposals of adjustment. The 

notice of contemplated action, ATF F 5400.12, will afford the 

licensee or permittee 15 days from the date of receipt of the 

notice to respond. If no response is received within the 15 days, 

or if after consideration of relevant matters presented by the 

licensee or permittee, the Director, Industry Operations finds 

that the licensee or permittee is not likely to abide by the law 

and regulations, he will proceed as provided in §555.74.

[T.D. ATF–87, 46 FR 40384, Aug. 7 1981, as amended by T.D. ATF–446, 66 FR 

16602, Mar. 27, 2001]

§555.72 Denial of initial application.

Whenever the Director, Industry Operations has reason to 

believe that an applicant for an original license or permit is not 

eligible to receive a license or permit under the provisions of 

§555.49, he shall issue a notice of denial on ATF F 5400.11. 

The notice will set forth the matters of fact and law relied upon 

in determining that the application should be denied, and will 

afford the applicant 15 days from the date of receipt of the 

notice in which to request a hearing to review the denial. If no 

request for a hearing is filed within that time, a copy of the 

application, marked “Disapproved”, will be returned to the 

applicant.

§555.73 Hearing after initial application is denied.

If the applicant for an original license or permit desires a 

hearing, he shall file a request with the Director, Industry 

Operations within 15 days after receipt of the notice of denial. 

The request should include a statement of the reasons for a 

hearing. On receipt of the request, the Director, Industry 

Operations shall refer the matter to an administrative law judge 

who shall set a time and place (see § 555.77) for a hearing and 

shall serve notice of the hearing upon the applicant and the 

Director, Industry Operations at least 10 days in advance of the 

hearing date. The hearing will be conducted in accordance with 

the hearing procedures prescribed in part 71 of this chapter (see 

§555.82). Within a reasonable time after the conclusion of the 

hearing, and as expeditiously as possible, the administrative law 

judge shall render his recommended decision. He shall certify to 

the complete record of the proceedings before him and shall 

immediately forward the complete certified record, together 

with four copies of his recommended decision, to the Director, 

Industry Operations for decision.

§555.74 Denial of renewal application or 

revocation of license or permit.

If following the opportunity for compliance under § 555.71, or 

without opportunity for compliance under §555.71, as circumstances warrant, the Director, Industry Operations finds that the 

licensee or permittee is not likely to comply with the law or 

regulations or is otherwise not eligible to continue operations 
30

authorized under his license or permit, the Director, Industry 

Operations shall issue a notice of denial of the renewal application or revocation of the license or permit, ATF F 5400.11 or ATF 

F 5400.10, as appropriate. In either case, the notice will set forth 

the matters of fact constituting the violations specified, dates, 

places, and the sections of law and regulations violated. The 

notice will, in the case of revocation of a license or permit, 

specify the date on which the action is effective, which date will 

be on or after the date the notice is served on the licensee or 

permittee. The notice will also advise the licensee or permittee 

that he may, within 15 days after receipt of the notice, request a 

hearing and, if applicable, a stay of the effective date of the 

revocation of his license or permit.

§555.75 Hearing after denial of renewal 

application or revocation of license or permit.

If a licensee or permittee whose renewal application has been 

denied or whose license or permit has been revoked desires a 

hearing, he shall file a request for a hearing with the Director, 

Industry Operations. In the case of the revocation of a license or 

permit, he may include a request for a stay of the effective date of 

the revocation. On receipt of the request the Director, Industry 

Operations shall advise the licensee or permittee whether the stay 

of the effective date of the revocation is granted. If the stay of the 

effective date of the revocation is granted, the Director, Industry 

Operations shall refer the matter to an administrative law judge 

who shall set a time and place (see §555.77) for a hearing and 

shall serve notice of the hearing upon the licensee or permittee 

and the Director, Industry Operations at least 10 days in advance 

of the hearing date. If the stay of the effective date of the revocation is denied, the licensee or permittee may request an immediate hearing. In this event, the Director, Industry Operations shall 

immediately refer the matter to an administrative law judge who 

shall set a date and place for a hearing, which date shall be no 

later than 10 days from the date the licensee or permittee 

requested an immediate hearing. The hearing will be held in 

accordance with the applicable provisions of part 71 of this 

chapter. Within a reasonable time after the conclusion of the 

hearing, and as expeditiously as possible, the administrative law 

judge shall render his decision. He shall certify to the complete 

record of the proceeding before him and shall immediately 

forward the complete certified record, together with two copies of 

his decision, to the Director, Industry Operations, serve one copy 

of his decision on the licensee or permittee or his counsel, and 

transmit a copy to the attorney for the Government.

§555.76 Action by Director, Industry Operations.

(a) Initial application proceedings. If, upon receipt of the record 

and the recommended decision of the administrative law judge, 

the Director, Industry Operations decides that the license or 

permit should be issued, the Director, Industry Operations shall 

cause the application to be approved, briefly stating, for the 

record, his reasons. If he contemplates that the denial should 

stand, he shall serve a copy of the administrative law judge's 

recommended decision on the applicant, informing the applicant 

of his contemplated action and affording the applicant not more 

than 10 days in which to submit proposed findings and conclusions or exceptions to the recommended decision with supporting 

reasons. If the Director, Industry Operations, after consideration 

of the record of the hearing and of any proposed findings, 

conclusions, or exceptions filed with him by the applicant, 

approves the findings, conclusions and recommended decision of 

the administrative law judge, the Director, Industry Operations 

shall cause the license or permit to be issued or disapproved the 

application accordingly. If he disapproves the findings, conclusions, and recommendation of the administrative law judge, in 

whole or in part, he shall by order make such findings and 

conclusions as in his opinion are warranted by the law and the 

facts in the record. Any decision of the Director, Industry 

Operations ordering the disapproval of an initial application for a 

license or permit shall state the findings and conclusions upon 

which it is based, including his ruling upon each proposed 

finding, conclusion, and exception to the administrative law 

judge's recommended decision, together with a statement of his 

findings and conclusions, and reasons or basis for his findings 

and conclusions, upon all material issues of fact, law or discretion 

presented on the record. A signed duplicate original of the 

decision will be served upon the applicant and the original copy 

containing certificate of service will be placed in the official 

record of the proceedings. If the decision of the Director, Industry 

Operations is in favor of the applicant, he shall issue the license or 

permit, to be effective on issuance.

(b) Renewal application and revocation proceedings. Upon 

receipt of the complete certified records of the hearing, the 

Director, Industry Operations shall enter an order confirming the 

revocation of the license or permit, or disapproving the application, in accordance with the administrative law judge's findings 

and decision, unless he disagrees with the findings and decision. 

A signed duplicate original of the order, ATF F 5400.9, will be 

served upon the licensee or permittee and the original copy 

containing certificate of service will be placed in the official 

record of the proceedings. If the Director, Industry Operations 

disagrees with the findings and decision of the administrative law 

judge, he shall file a petition with the Director for review of the 

findings and decision, as provided in § 555.79. In either case, if 

the renewal application denial is sustained, a copy of the application marked “Disapproved” will be returned to the applicant. If 

the renewal application denial is reversed, a license or permit will 

be issued to become effective on expiration of the license or 

permit being renewed, or on the date of issuance, whichever is 

later. If the proceedings involve the revocation of a license or 

permit which expired before a decision is in favor of the licensee 

or permittee, the Director, Industry Operations shall:
31

(1) If renewal application was timely filed and a stay of the 

effective date of the revocation was granted, cause to be issued a 

license or permit effective on the date of issuance;

(2) If renewal application was not timely filed but a stay of 

the effective date of the revocation had been granted, request that 

a renewal application be filed and, following that, cause to be 

issued a license or permit to be effective on issuance; or

(3) If a stay of the effective date of the revocation had not 

been granted, request that an application be filed as provided in 

§555.45, and process it in the same manner as for an application 

for an original license or permit.

(c) Curtailment of stay of revocation effective date. If, after 

approval of a request for a stay of the effective date of an order 

revoking a license or permit but before actions are completed 

under this subpart, the Director, Industry Operations finds that it 

is contrary to the public interest for the licensee or permittee to 

continue the operations or activities covered by his license or 

permit, the Director, Industry Operations may issue a notice of 

withdrawal of the approval, effective on the date of issuance. 

Notice of withdrawal will be served upon the licensee or permittee in the manner provided in §555.81.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR 

53054, Dec. 27, 1989]

§555.77 Designated place of hearing.

The designated place of hearing set as provided in §555.73 or 

§555.75, will be at the location convenient to the aggrieved party.

§555.78 Representation at a hearing.

An applicant, licensee, or permittee may be represented by an 

attorney, certified public accountant, or other person recognized 

to practice before the Bureau of Alcohol, Tobacco, Firearms and 

Explosives as provided in 31 CFR Part 8, if he has otherwise 

complied with the applicable requirements of 26 CFR 601.521 

through 601.527. The Director, Industry Operations shall be 

represented in proceedings under § §555.73 and 555.75 by an 

attorney in the office of the chief counsel or regional counsel 

who is authorized to execute and file motions, briefs, and other 

papers in the proceedings, on behalf of the Director, Industry 

Operations, in his own name as “Attorney for the Government”.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–92, 46 FR 

46916, Sept. 23, 1981]

§555.79 Appeal on petition to the Director.

An appeal to the Director is not required prior to filing an 

appeal with the U.S. Court of Appeals for judicial review. An 

appeal may be taken by the applicant, licensee, or permittee to 

the Director from a decision resulting from a hearing under 

§555.73 or §555.75. An appeal may also be taken by a Director, 

Industry Operations from a decision resulting from a hearing 

under § 555.75 as provided in §555.76(b). The appeal shall be 

taken by filing a petition for review on appeal with the Director 

within 15 days of the service of an administrative law judge's 

decision or an order. The petition will set forth facts tending to 

show (a) action of an arbitrary nature, (b) action without reasonable warrant in fact, or (c) action contrary to law and regulations. 

A copy of the petition will be filed with the Director, Industry 

Operations or served on the applicant, licensee, or permittee, as 

the case may be. In the event of appeal, the Director, Industry 

Operations shall immediately forward the complete original 

record, by certified mail, to the Director for his consideration, 

review, and disposition as provided in subpart I of part 71 of this 

chapter. When, on appeal, the Director affirms the initial decision 

of the Director, Industry Operations or the administrative law 

judge, as the case may be, the initial decision will be final.

§555.80 Court review.

An applicant, licensee, or permittee may, within 60 days after 

receipt of the decision of the administrative law judge or the final 

order of the Director, Industry Operations or the Director, file a 

petition for a judicial review of the decision, with the U.S. Court 

of Appeals for the district in which he resides or has his principal 

place of business. The Director, upon notification that a petition 

has been filed, shall have prepared a complete transcript of the 

record of the proceedings. The Director, Industry Operations or 

the Director, as the case may be, shall certify to the correctness 

of the transcript of the record, forward one copy to the attorney 

for the Government in the review of the case, and file the original 

record of the proceedings with the original certificate in the U.S. 

Court of Appeals.

§555.81 Service on applicant, licensee, or 

permittee.

All notices and other formal documents required to be served 

on an applicant, licensee, or permittee under this subpart will be 

served by certified mail or by personal delivery. Where service is 

by personal delivery, the signed duplicate original copy of the 

formal document will be delivered to the applicant, licensee, or 

permittee, or, in the case of a corporation, partnership, or association, by delivering it to an officer, manager, or general agent, or 

to its attorney of record.

§555.82 Provisions of part 200 made applicable.

The provisions of subpart G of part 200 of this chapter, as well 

as those provisions of part 71 relative to failure to appear, 

withdrawal of an application or surrender of a permit, the 

conduct of hearings before an administrative law judge, and 

record of testimony, are hereby made applicable to application, 

license, and permit proceedings under this subpart to the extent 

that they are not contrary to or incompatible with this subpart.
32

§555.83 Operations by licensees or permittees 

after notice of denial or revocation.

In any case where a notice of revocation has been issued and a 

request for a stay of the effective date of the revocation has not 

been granted, the licensee or permittee shall not engage in the 

activities covered by the license or permit pending the outcome of 

proceedings under this subpart. In any case where notice of 

revocation has been issued but a stay of the effective date of the 

revocation has been granted, the licensee or permittee may 

continue to engage in the activities covered by his license or 

permit unless, or until, formally notified to the contrary: 

Provided, that in the event the license or permit would have 

expired before proceedings under this subpart are completed, 

timely renewal application must have been filed to continue the 

license or permit beyond its expiration date. In any case where a 

notice of denial of a renewal application has been issued, the 

licensee or permittee may continue to engage in the activities 

covered by the existing license or permit after the date of expiration of the license or permit until proceedings under this subpart 

are completed.

Subpart F—Conduct of Business or Operations

§555.101 Posting of license or user permit.

A license or user permit issued under this part, or a copy of a 

license or user permit, will be posted and available for inspection on the business premises at each place where explosive 

materials are manufactured, imported, or distributed.

[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 13786, Mar. 20, 2003]

§555.102 Authorized operations by permittees.

(a) In general. A permit issued under this part does not 

authorize the permittee to engage in the business of manufacturing, importing, or dealing in explosive materials. Accordingly, if 

a permittee's operations bring him within the definition of 

manufacturer, importer, or dealer under this part, he shall 

qualify for the appropriate license.

(b) Distributions of surplus stocks—

(1) Distributions of surplus stocks prior to May 24, 2003. 

Permittees are not authorized to engage in the business of sale 

or distribution of explosive materials. However, permittees may 

dispose of surplus stocks of explosive materials to other 

licensees or permittees in accordance with §555.103, and to 

nonlicensees or to nonpermittees in accordance with 

§555.105(a)(4).

(2) Distributions of surplus stocks on and after May 24, 

2003. Permittees are not authorized to engage in the business of 

sale or distribution of explosive materials. However, permittees 

may dispose of surplus stocks of explosive materials to other 

licensees or permittees in accordance with §555.103 and 

§555.105.

[T.D. ATF–400, 63 FR 45002, Aug. 24, 1998, as amended by ATF No. 1, 68 FR 

13787, Mar. 20, 2003]

§555.103 Transactions among licensees/

permittees and transactions among licensees 

and holders of user permits.

(a) Transactions among licensees/permittees prior to May 24, 

2003—

(1) General.

(i) A licensed importer, licensed manufacturer or 

licensed dealer selling or otherwise distributing explosive 

materials (or a permittee disposing of surplus stock to a licensee 

or another permittee) who has the certified information required 

by this section may sell or distribute explosive materials to a 

licensee or permittee for not more than 45 days following the 

expiration date of the distributee's license or permit, unless the 

distributor knows or has reason to believe that the distributee's 

authority to continue business or operations under this part has 

been terminated.

(ii) A licensed importer, licensed manufacturer or 

licensed dealer selling or otherwise distributing explosive 

materials (or a permittee disposing of surplus stock to another 

licensee or permittee) must verify the license or permit status of 

the distributee prior to the release of explosive materials 

ordered, as required by this section.

(iii) Licensees or permittees desiring to return 

explosive materials to a licensed manufacturer may do so 

without obtaining a certified copy of the manufacturer's license.

(iv) Where 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 licensee or permittee, or to an 

employee of a common or contract carrier transporting explosive materials to a licensee or permittee, the distributor delivering explosive materials must obtain an executed ATF F 5400.8, 

Explosives Delivery Record, from the employee before releasing 

the explosive materials. The ATF F 5400.8 must contain all of 

the information required on the form and required by this part.

Example 1. An ATF F 5400.8 is required when:

a. An employee of the purchaser takes possession at 

the distributor's premises.

b. An employee of a common or contract carrier hired 

by the purchaser takes possession at the distributor's 

premises.
33

Example 2. An ATF F 5400.8 is not required when:

a. An employee of the distributor takes possession of 

the explosives for the purpose of transport to the 

purchaser.

b. An employee of a common or contract carrier hired 

by the distributor takes possession of the explosives for 

the purpose of transport to the purchaser.

(2) License/permit verification of individuals. 

(i) The distributee must furnish a certified copy (or, 

in the case of a user-limited, the original) of the license or permit. 

The certified copy need be furnished only once during the current 

term of the license or permit. Also, a licensee need not furnish 

certified copies of licenses to other licensed locations operated by 

such licensee.

(ii) The distributor may obtain any additional 

verification as the distributor deems necessary.

(3) License/permit verification of business 

organizations. 

(i) A business organization may (in lieu of furnishing a certified copy of a license) furnish the distributor a certified 

list which contains the name, address, license number and date of 

license expiration of each licensed location. The certified list 

need be furnished only once during the current term of the license 

or permit. Also, a business organization need not furnish a 

certified list to other licensed locations operated by such business 

organization.

(ii) A business organization must, prior to ordering 

explosive materials, furnish the licensee or permittee a current 

certified list of the representatives or agents authorized to order 

explosive materials on behalf of the business organization 

showing the name, address, and date and place of birth of each 

representative or agent. A licensee or permittee may not distribute 

explosive materials to a business organization on the order of a 

person who does not appear on the certified list of representatives 

or agents and, if the person does appear on the certified list, the 

licensee or permittee must verify the identity of such person.

(4) Licensee/permittee certified statement. 

(i) A licensee or permittee ordering explosive 

materials from another licensee or permittee must furnish a 

current, certified statement of the intended use of the explosive 

materials, e.g., resale, mining, quarrying, agriculture, construction, sport rocketry, road building, oil well drilling, seismographic 

research, to the distributor.

(ii) For individuals, the certified statement of 

intended use must specify the name, address, date and place of 

birth, and social security number of the distributee.

(iii) For business organizations, the certified statement of intended use must specify the taxpayer identification 

number, the identity and the principal and local places of business.

(iv) The licensee or permittee purchasing explosive 

materials must revise the furnished copy of the certified statement only when the information is no longer current.

(5) 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.

(b) Transactions among licensees/permittees on and after May 

24, 2003—

(1) General.

(i) A licensed importer, licensed manufacturer or 

licensed dealer selling or otherwise distributing explosive 

materials (or a holder of a user permit disposing of surplus stock 

to a licensee; a holder of a user permit; or a holder of a limited 

permit who is within the same State as the distributor) who has 

the certified information required by this section may sell or 

distribute explosive materials to a licensee or permittee for not 

more than 45 days following the expiration date of the distributee's license or permit, unless the distributor knows or has reason 

to believe that the distributee's authority to continue business or 

operations under this part has been terminated.

(ii) A licensed importer, licensed manufacturer or 

licensed dealer selling or otherwise distributing explosive 

materials (or a holder of a user permit disposing of surplus stock 

to another licensee or permittee) must verify the license or permit 

status of the distributee prior to the release of explosive materials 

ordered, as required by this section.

(iii) Licensees or permittees desiring to return 

explosive materials to a licensed manufacturer may do so without 

obtaining a certified copy of the manufacturer's license.

(2) Verification of license/user permit. 

(i) Prior to or with the first order of explosive 

materials, the distributee must provide the distributor a certified 

copy (or, in the case of a user-limited, the original) of the 

distributee's license or user permit. However, licensees or holders 

of user permits that are business organizations may (in lieu of a 

certified copy of a license or user permit) provide the distributor 

with a certified list that contains the name, address, license or 

user permit number, and date of the license or user permit 

expiration of each location.

(ii) The distributee must also provide the distributor 

with a current list of the names of persons authorized to accept 

delivery of explosive materials on behalf of the distributee. 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 distributor may not transfer possession of 

explosive materials to any person whose name does not appear on 

the current list of names of persons authorized to accept delivery 
34

of explosive materials on behalf of the distributee. Except as 

provided in paragraph (b)(3) of this section, in all instances the 

distributor must verify the identity of the distributee, or the 

employee of the distributee accepting possession of explosive 

materials on behalf of the distributee, by examining an identification document (as defined in §555.11) before relinquishing 

possession.

(iii) A licensee or holder of a user permit ordering 

explosive materials from another licensee or permittee must 

provide to the distributor a current, certified statement of the 

intended use of the explosive materials, e.g., resale, mining, 

quarrying, agriculture, construction, sport rocketry, road building, 

oil well drilling, seismographic research, etc.

(A) For individuals, the certified statement of 

intended use must specify the name, address, date and place of 

birth, and social security number of the distributee.

(B) For business organizations, the certified 

statement of intended use must specify the taxpayer identification 

number, the identity and the principal and local places of business.

(C) The licensee or holder of a user permit 

purchasing explosive materials 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)

[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 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]

§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 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 
35

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;

(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 
36

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.

(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 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)

[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;
37

(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 State, entering the 

United States on official law enforcement business, and the 

shipping, transporting, possession, or receipt of explosive 

materials is in furtherance of this official law enforcement 

business;

(B) Is a person having the power to direct or 

cause the direction of the management and policies of a corporation, partnership, or association licensed pursuant to section 

843(a), and the shipping, transporting, possession, or receipt of 

explosive materials is in furtherance of such power;

(C) Is a member of a North Atlantic Treaty 

Organization (NATO) or other friendly foreign military force, as 

determined by the Attorney General in consultation with the 

Secretary of Defense, (whether or not admitted in a nonimmigrant 

status) who is present in the United States under military orders 

for training or other military purpose authorized by the United 

States, and the shipping, transporting, possession, or receipt of 

explosive materials is in furtherance of the military purpose; or

(D) Is lawfully present in the United States in 

cooperation with the Director of Central Intelligence, and the 

shipment, transportation, receipt, or possession of the explosive 

materials is in furtherance of such cooperation;

(6) Has been discharged from the armed forces under 

dishonorable conditions; or

(7) Having been a citizen of the United States, has 

renounced citizenship.

(d) The provisions of this section do not apply to the purchase of 

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, if the requirements of § 555.105(a)(7) or (b)(7) are fully 

met.

[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 13790, Mar. 20, 2003]

§555.107 Record of transactions.

Each licensee and permittee shall keep records of explosive 

materials as required by subpart G of this part.

§555.108 Importation.

(a) Explosive materials imported or brought into the United 

States by a licensed importer or holder of a user permit may be 

released from customs custody to the licensed importer or holder 

of a user permit upon proof of his status as a licensed importer or 

holder of a user permit. Proof of status must be made by the 

licensed importer or holder of a user permit furnishing to the 

customs officer a certified copy of his license or permit (see 

§555.103).

(b) A nonlicensee or nonpermittee may import or bring into the 

United States commercially manufactured black powder in 

quantities not to exceed 50 pounds. Upon submitting to the 

customs officer completed ATF F 5400.3, certifying that the 

black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or in antique 

devices, black powder may be released from customs custody. 

The disposition of the executed ATF F 5400.3 will be in accordance with the instructions on the form.

(c) The provisions of this section are in addition to, and are not 

in lieu of, any applicable requirement under 27 CFR Part 447.

(d) For additional requirements relating to the importation of 

plastic explosives into the United States on or after April 24, 

1997, see § 555.183.

(e) For requirements relating to the marking of imported 

explosive materials, see §555.109.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–387, 62 FR 

8376, Feb. 25, 1997; ATF No. 1, 68 FR 13790, Mar. 20, 2003; ATF 5F, 70 FR 

30633, May 27, 2005]

§555.109 Identification of explosive materials.

(a) General. Explosive materials, whether manufactured in the 

United States or imported, must contain certain marks of identification.

(b) Required marks—

(1) Licensed manufacturers. Licensed manufacturers who 

manufacture explosive materials for sale or distribution must 

place the following marks of identification on explosive materials 

at the time of manufacture:

(i) The name of the manufacturer; and

(ii) The location, date, and shift of manufacture. 

Where a manufacturer operates his plant for only one shift during 

the day, he does not need to show the shift of manufacture.

(2) Licensed importers. 

(i) Licensed importers who import explosive materials for sale or distribution must place the following marks of 

identification on the explosive materials they import:
38

(A) The name and address (city and state) of the 

importer; and

(B) The location (city and country) where the 

explosive materials were manufactured, date, and shift of manufacture. Where the foreign manufacturer operates his plant for 

only one shift during the day, he does not need to show the shift 

of manufacture.

(ii) Licensed importers must place the required 

marks on all explosive materials imported prior to distribution or 

shipment for use, and in no event later than 15 days after the date 

of release from Customs custody.

(c) General requirements. 

(1) The required marks prescribed in this section must be 

permanent and legible.

(2) The required marks prescribed in this section must be in 

the English language, using Roman letters and Arabic numerals.

(3) Licensed manufacturers and licensed importers must 

place the required marks on each cartridge, bag, or other immediate container of explosive materials that they manufacture or 

import, as well as on any outside container used for the packaging 

of such explosive materials.

(4) Licensed manufacturers and licensed importers may use 

any method, or combination of methods, to affix the required 

marks to the immediate container of explosive materials, or 

outside containers used for the packaging thereof, provided the 

identifying marks are legible, permanent, show all the required 

information, and are not rendered unreadable by extended periods 

of storage.

(5) If licensed manufacturers or licensed importers desire to 

use a coding system and omit printed markings on the container 

that show all the required information specified in paragraphs 

(b)(1) and (2) of this section, they must file with ATF a letterhead 

application displaying the coding that they plan to use and 

explaining the manner of its application. The Director must 

approve the application before the proposed coding can be used.

(d) Exceptions—

(1) Blasting caps. Licensed manufacturers or licensed 

importers are only required to place the identification marks 

prescribed in this section on the containers used for the packaging of blasting caps.

(2) Alternate means of identification. The Director may 

authorize other means of identifying explosive materials, 

including fireworks, upon receipt of a letter application from the 

licensed manufacturer or licensed importer showing that such 

other identification is reasonable and will not hinder the effective 

administration of this part.

(Approved by the Office of Management and Budget under 

control numbers 1140–0055 and 1140–0062)

[ATF 5F, 70 FR 30633, May 27, 2005, as amended by ATF–11F, 73 FR 57242, 

Oct. 2, 2008]

§555.110 Furnishing of samples (Effective on and 

after January 24, 2003).

(a) In general. Licensed manufacturers and licensed importers 

and persons who manufacture or import explosive materials or 

ammonium nitrate must, when required by letter issued by the 

Director, furnish—

(1) Samples of such explosive materials or ammonium 

nitrate;

(2) Information on chemical composition of those products; and

(3) Any other information that the Director determines is 

relevant to the identification of the explosive materials or to 

identification of the ammonium nitrate.

(b) Reimbursement. The Director will reimburse the fair market 

value of samples furnished pursuant to paragraph (a) of this 

section, as well as reasonable costs of shipment.

(Approved by the Office of Management and Budget under 

control number 1140–0073)

[ATF No. 1, 68 FR 13790, Mar. 20, 2003]

Subpart G—Records and Reports

§555.121 General.

(a) (1) Licensees and permittees shall keep records pertaining 

to explosive materials in permanent form (i.e., commercial 

invoices, record books) and in the manner required in this 

subpart.

(2) Licensees and permittees shall keep records required 

by this part on the business premises for five years from the date 

a transaction occurs or until discontinuance of business or 

operations by the licensee or permittee. (See also §555.128 for 

discontinuance of business or operations.)

(b) ATF officers may enter the premises of any licensee or 

holder of a user permit for the purpose of examining or inspecting any record or document required by or obtained under this 

part (see §555.24). Section 843(f) of the Act requires licensees 

and holders of user permits to make all required records 

available for examination or inspection at all reasonable times. 

Section 843(f) of the Act also requires licensees and permittees 

(including holders of limited permits) to submit all reports and 

information relating to all required records and their contents, as 

the regulations in this part prescribe.

(c) Each licensee and permittee shall maintain all records of 

importation, production, shipment, receipt, sale, or other 

disposition, whether temporary or permanent, of explosive 

materials as the regulations in this part prescribe. Sections 

842(f) and 842(g) of the Act make it unlawful for any licensee 
39

or permittee knowingly to make any false entry in, or fail to make 

entry in, any record required to be kept under the Act and the 

regulations in this part.

(Approved by the Office of Management and Budget under 

control number 1140–0030)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–172, 49 FR 

14941, Apr. 16, 1984; ATF No. 1, 68 FR 13790, Mar. 20, 2003; ATF–11F, 73 FR 

57242, Oct. 2, 2008]

§555.122 Records maintained by licensed 

importers.

(a) Each licensed importer shall take true and accurate physical 

inventories which will include all explosive materials on hand 

required to be accounted for in the records kept under this part. 

The licensed importer shall take a special inventory 

(1) At the time of commencing business, which is the 

effective date of the license issued upon original qualification 

under this part;

(2) At the time of changing the location of his business to 

another region;

(3) At the time of discontinuing business; and

(4) At any time the Director, Industry Operations may in 

writing require. Each special inventory is to be prepared in 

duplicate, the original of which is submitted to the Director, 

Industry Operations, and the duplicate retained by the licensed 

importer. If a special inventory specified by paragraphs (a)(1) 

through (4) of this section has not been taken during the calendar 

year, at least one physical inventory will be taken. However, the 

record of the yearly inventory, other than a special inventory 

required by paragraphs (a)(1) through (4) of this section, will 

remain on file for inspection instead of being sent to the Director, 

Industry Operations. (See also §555.127.)

(b) Each licensed importer shall, not later than the close of the 

next business day following the date of importation or other 

acquisition of explosive materials, enter the following information 

in a separate record:

(1) Date of importation or other acquisition.

(2) Name or brand name of manufacturer and country of 

manufacture.

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as pounds of 

explosives, number of detonators, number of display fireworks, 

etc.).

(5) Description (dynamite (dyn), blasting agents (ba), 

detonators (det), display fireworks (df), etc.) and size (length and 

diameter or diameter only of display fireworks).

(c) Each licensed importer shall, not later than the close of the 

next business day following the date of distribution of any 

explosive materials to another licensee or a permittee, enter in a 

separate record the following information:

(1) Date of disposition.

(2) Name or brand name of manufacturer and country of 

manufacture.

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as pounds of 

explosives, number of detonators, number of display fireworks, 

etc.).

(5) Description (dynamite (dyn), blasting agents (ba), 

detonators (det), display fireworks (df), etc.) and size (length and 

diameter or diameter only of display fireworks).

(6) License or permit number of licensee or permittee to 

whom the explosive materials are distributed.

(d) The Director, Industry Operations may authorize alternate 

records to be maintained by a licensed importer to record his 

distribution of explosive materials when it is shown by the 

licensed importer that alternate records will accurately and 

readily disclose the information required by paragraph (c) of this 

section. A licensed importer who proposes to use alternate 

records shall submit a letter application to the Director, Industry 

Operations and shall describe the proposed alternate records and 

the need for them. Alternate records are not to be employed by 

the licensed importer until approval is received from the Director, 

Industry Operations.

(e) Each licensed importer shall maintain separate records of the 

sales or other distribution made of explosive materials to nonlicensees or nonpermittees. These records are maintained as 

prescribed by § 555.126.

(Approved by the Office of Management and Budget under 

control number 1140–0030)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–172, 49 FR 

14941, Apr. 16, 1984; T.D. ATF–293, 55 FR 3721, Feb. 5, 1990; T.D. ATF–400, 63 

FR 45003, Aug. 24, 1998; ATF–11F, 73 FR 57242, Oct. 2, 2008]

§555.123 Records maintained by licensed 

manufacturers.

(a) Each licensed manufacturer shall take true and accurate 

physical inventories which will include all explosive materials on 

hand required to be accounted for in the records kept under this 

part. The licensed manufacturer shall take a special inventory

(1) At the time of commencing business, which is the 

effective date of the license issued upon original qualification 

under this part;

(2) At the time of changing the location of his premises to 

another region;

(3) At the time of discontinuing business; and

(4) At any other time the Director, Industry Operations may 

in writing require. Each special inventory is to be prepared in 

duplicate, the original of which is submitted to the Director, 

Industry Operations, and the duplicate retained by the licensed 

manufacturer. If a special inventory required by paragraphs (a)(1) 

through (4) of this section has not been taken during the calendar 

year, at least one physical inventory will be taken. However, the 

record of the yearly inventory, other than a special inventory 
40

required by paragraphs (a) (1) through (4) of this section, will 

remain on file for inspection instead of being sent to the Director, 

Industry Operations. (See also §555.127.)

(b) Each licensed manufacturer shall not later than the close of 

the next business day following the date of manufacture or other 

acquisition of explosive materials, enter the following information in a separate record:

(1) Date of manufacture or other acquisition.

(2) Manufacturer's marks of identification.

(3) Quantity (applicable quantity units, such as pounds of 

explosives, number of detonators, number of display fireworks, 

etc.).

(4) Name, brand name or description (dynamite (dyn), 

blasting agents (ba), detonators (det), display fireworks (df), etc.) 

and size (length and diameter or diameter only of display 

fireworks).

(c) Each licensed manufacturer shall, not later than the close of 

the next business day following the date of distribution of any 

explosive materials to another licensee or a permittee, enter in a 

separate record the following information:

(1) Date of disposition.

(2) Name or brand name of manufacturer or name of 

importer, as applicable, if acquired other than by his own 

manufacture.

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as pounds of 

explosives, number of detonators, number of display fireworks, 

etc.).

(5) Description (dynamite (dyn), blasting agents (ba), 

detonators (det), display fireworks (df), etc.) and size (length and 

diameter or diameter only of display fireworks).

(6) License or permit number of licensee or permittee to 

whom the explosive materials are distributed.

(d) Each licensed manufacturer who manufactures explosive 

materials for his own use shall, not later than the close of the next 

business day following the date of use, enter in a separate record 

the following information:

(1) Date of use.

(2) Quantity (applicable quantity units, such as pounds of 

explosives, number of detonators, number of special fireworks, 

etc.).

(3) Description (dynamite (dyn), blasting agents (ba), 

detonators (det), display fireworks (df), etc.) and size (length and 

diameter or diameter only of display fireworks).

Exception: A licensed manufacturer is exempt from the 

recordkeeping requirements of this subsection if the explosive 

materials are manufactured for his own use and used within a 24 

hour period at the same site.

(e) The Director, Industry Operations may authorize alternate 

records to be maintained by a licensed manufacturer to record his 

distribution or use of explosive materials when it is shown by the 

licensed manufacturer that alternate records will accurately and 

readily disclose the information required by paragraph (c) of this 

section. A licensed manufacturer who proposes to use alternate 

records shall submit a letter application to the Director, Industry 

Operations and shall describe the proposed alternate records and 

the need for them. Alternate records are not to be employed by the 

licensed manufacturer until approval is received from the Director, 

Industry Operations.

(f) Each licensed manufacturer shall maintain separate records 

of the sales or other distribution made of explosive materials to 

nonlicensees or nonpermittees. These records are maintained as 

prescribed by § 555.126.

(Approved by the Office of Management and Budget under 

control number 1140–0030)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–172, 49 FR 

14941, Apr. 16, 1984; T.D. ATF–293, 55 FR 3721, Feb. 5, 1990; T.D. ATF–400, 63 

FR 45003, Aug. 24, 1998; ATF–11F, 73 FR 57242, Oct. 2, 2008]

§555.124 Records maintained by licensed dealers.

(a) Each licensed dealer shall take true and accurate physical 

inventories which will include all explosive materials on hand 

required to be accounted for in the records kept under this part. 

The licensed dealer shall take a special inventory

(1) At the time of commencing business, which is the 

effective date of the license issued upon original qualification 

under this part;

(2) At the time of changing the location of his premises to 

another region;

(3) At the time of discontinuing business; and

(4) At any other time the Director, Industry Operations may 

in writing require. Each special inventory is to be prepared in 

duplicate, the original of which is submitted to the Director, 

Industry Operations, and the duplicate retained by the licensed 

dealer. If a special inventory required by paragraphs (a)(1) 

through (4) of this section has not been taken during the calendar 

year, at least one physical inventory will be taken. However, the 

record of the yearly inventory, other than a special inventory 

required by paragraphs (a)(1) through (4) of this section, will 

remain on file for inspection instead of being sent to the Director, 

Industry Operations. (See also §555.127.)

(b) Each licensed dealer shall, not later than the close of the next 

business day following the date of purchase or other acquisition of 

explosive materials (except as provided in paragraph (d) of this 

section), enter the following information in a separate record:

(1) Date of acquisition.

(2) Name or brand name of manufacturer and name of 

importer (if any).

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as pounds of 

explosives, number of detonators, number of display fireworks, 

etc.).
41

(5) Description (dynamite (dyn), blasting agents (ba), 

detonators (det), display fireworks (df), etc.) and size (length and 

diameter or diameter only of display fireworks).

(6) Name, address, and license or permit number of the 

person from whom the explosive materials are received.

(c) Each licensed dealer shall, not later than the close of the next 

business day following the date of use (if the explosives are used 

by the dealer) or the date of distribution of any explosive materials to another licensee or a permittee (except as provided in 

paragraph (d) of this section), enter in a separate record the 

following information:

(1) Date of disposition.

(2) Name or brand name of manufacturer and name of 

importer (if any).

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as pounds of 

explosives, number of detonators, number of display fireworks, 

etc.).

(5) Description (dynamite (dyn), blasting agents (ba), 

detonators (det), display fireworks (df), etc.) and size (length and 

diameter or diameter only of display fireworks).

(6) License or permit number of licensee or permittee to 

whom the explosive materials are distributed.

(d) When a commercial record is kept by a licensed dealer 

showing the purchase or other acquisition information required 

for the permanent record prescribed by paragraph (b) of this 

section, or showing the distribution information required for the 

permanent record prescribed by paragraph (c) of this section, the 

licensed dealer acquiring or distributing the explosive materials 

may, for a period not exceeding seven days following the date of 

acquisition of distribution of the explosive materials, delay 

making the required entry into the permanent record of acquisition or distribution. However, until the required entry of acquisition or disposition is made in the permanent record, the commercial record must be (1) kept by the licensed dealer separate from 

other commercial documents kept by the licensee, and (2) readily 

available for inspection on the licensed premises.

(e) The Director, Industry Operations may authorize alternate 

records to be maintained by a licensed dealer to record his 

acquisition or disposition of explosive materials, when it is shown 

by the licensed dealer that alternate records will accurately and 

readily disclose the required information. A licensed dealer who 

proposes to use alternate records shall submit a letter application 

to the Director, Industry Operations and shall describe the 

proposed alternate records and the need for them. Alternate 

records are not to be employed by the licensed dealer until 

approval is received from the Director, Industry Operations.

(f) Each licensed dealer shall maintain separate records of the 

sales or other distribution made of explosive materials to nonlicensees or nonpermittees. These records are maintained as 

prescribed by §555.126.

(Approved by the Office of Management and Budget under 

control number 1140–0030)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–172, 49 FR 

14941, Apr. 16, 1984; T.D. ATF–293, 55 FR 3721, Feb. 5, 1990; T.D. ATF–400, 63 

FR 45003, Aug. 24, 1998; ATF–11F, 73 FR 57242, Oct. 2, 2008]

§555.125 Records maintained by permittees.

(a) Records maintained by permittees prior to May 24, 2003. 

(1) Each permittee must take true and accurate physical 

inventories that will include all explosive materials on hand 

required to be accounted for in the records kept under this part. 

The permittee must take a special inventory—

(i) At the time of commencing business, which is the 

effective date of the permit issued upon original qualification 

under this part;

(ii) At the time of changing the location of his 

premises to another region;

(iii) At the time of discontinuing business; and

(iv) At any other time the Director, Industry 

Operations may in writing require. Each special inventory is to be 

prepared in duplicate, the original of which is submitted to the 

Director, Industry Operations and the duplicate retained by the 

permittee. If a special inventory required by paragraphs (a)(1)(i) 

through (iv) of this section has not been taken during the calendar 

year, a permittee is required to take at least one physical inventory. 

However, the record of the yearly inventory, other than a special 

inventory required by paragraphs (a)(1)(i) through (iv) of this 

section, will remain on file for inspection instead of being sent to 

the Director, Industry Operations. (See also § 555.127.)

(2) Each permittee must, not later than the close of the next 

business day following the date of acquisition of explosive 

materials, enter the following information in a separate record:

(i) Date of acquisition;

(ii) Name or brand name of manufacturer;

(iii) Manufacturer's marks of identification;

(iv) Quantity (applicable quantity units, such as 

pounds of explosives, number of detonators, number of display 

fireworks, etc.);

(v) Description (dynamite (dyn), blasting agents (ba), 

detonators (det), display fireworks (df), etc., and size (length and 

diameter or diameter only of display fireworks)); and

(vi) Name, address, and license number of the persons 

from whom the explosive materials are received.

(3) Each permittee must, not later than the close of the next 

business day following the date of disposition of surplus explosive 

materials to another permittee or a licensee, enter in a separate 

record the information prescribed in §555.124(c).

(4) Each permittee must maintain separate records of 

disposition of surplus stocks of explosive materials to nonlicensees or nonpermittees as prescribed in §555.126.

(5) The Director, Industry Operations may authorize 

alternate records to be maintained by a permittee to record his 

acquisition of explosive materials, when it is shown by the 
42

permittee that alternate records will accurately and readily 

disclose the required information. A permittee who proposes to 

use alternate records must submit a letter application to the 

Director, Industry Operations and must describe the proposed 

alternate records and the need for them. Alternate records are not 

to be employed by the permittee until approval is received from 

the Director, Industry Operations.

(b) Records maintained by permittees on and after May 24, 

2003. 

(1) Each holder of a user permit must take true and 

accurate physical inventories that will include all explosive 

materials on hand required to be accounted for in the records kept 

under this part. The permittee must take a special inventory—

(i) At the time of commencing business, which is 

the effective date of the permit issued upon original qualification 

under this part;

(ii) At the time of changing the location of his 

premises;

(iii) At the time of discontinuing business; and

(iv) At any other time the Director, Industry 

Operations may in writing require. Each special inventory is to be 

prepared in duplicate, the original of which is submitted to the 

Director, Industry Operations and the duplicate retained by the 

permittee. If a special inventory required by paragraphs (b)(1)(i) 

through (iv) of this section has not been taken during the calendar 

year, a permittee is required to take at least one physical inventory. The record of the yearly inventory, other than a special 

inventory required by paragraphs (b)(1)(i) through (iv) of this 

section, will remain on file for inspection instead of being sent to 

the Director, Industry Operations. (See also §555.127.)

(2) Each holder of a limited permit must take true and 

accurate physical inventories, at least annually, that will include 

all explosive materials on hand required to be accounted for in 

the records kept under this part.

(3) Each holder of a user permit or a limited permit must, 

not later than the close of the next business day following the date 

of acquisition of explosive materials, enter the following information in a separate record:

(i) Date of acquisition;

(ii) Name or brand name of manufacturer;

(iii) Manufacturer's marks of identification;

(iv) Quantity (applicable quantity units, such as 

pounds of explosives, number of detonators, number of display 

fireworks, etc.);

(v) Description (dynamite (dyn), blasting agents 

(ba), detonators (det), display fireworks (df), etc., and size (length 

and diameter or diameter only of display fireworks)); and

(vi) Name, address, and license number of the 

persons from whom the explosive materials are received.

(4) Each holder of a user permit or a limited permit must, 

not later than the close of the next business day following the date 

of disposition of surplus explosive materials to another permittee 

or a licensee, enter in a separate record the information prescribed 

in § 555.124(c).

(5) When a record book is used as a permittee's permanent 

record the permittee may delay entry of the required information 

for a period not to exceed seven days if the commercial record 

contains all of the required information prescribed by paragraphs 

(b)(3) and (b)(4) of this section. However, the commercial record 

may be used instead of a record book as a permanent record 

provided that the record contains all of the required information 

prescribed by paragraphs (b)(3) and (b)(4) of this section.

(6) Each holder of a user permit or a limited permit must 

maintain separate records of disposition of surplus stocks of 

explosive materials to holders of a limited permit as prescribed in 

§ 555.126.

(7) The Director, Industry Operations may authorize 

alternate records to be maintained by a holder of a user permit or 

a limited permit to record his acquisition of explosive materials, 

when it is shown by the permittee that alternate records will 

accurately and readily disclose the required information. A 

permittee who proposes to use alternate records must submit a 

letter application to the Director, Industry Operations and must 

describe the proposed alternate records and the need for them. 

Alternate records are not to be employed by the permittee until 

approval is received from the Director, Industry Operations.

(Approved by the Office of Management and Budget under 

control number 1140–0030)

[ATF No. 1, 68 FR 13790, Mar. 20, 2003]

§555.126 Explosives transaction record for 

distribution of explosive materials prior to May 24, 

2003 and Limited Permittee Transaction Report for 

distribution of explosive materials on and after 

May 24, 2003.

(a) Explosives transaction record for distribution of explosive 

materials prior to May 24, 2003. 

(1) A licensee or permittee shall not temporarily or 

permanently distribute explosive materials to any person, other 

than another licensee or permittee, unless he records the transaction on an explosives transaction record, ATF F 5400.4.

(2) Before the distribution of explosive materials to a 

nonlicensee or nonpermittee who is a resident of the State in 

which the licensee or permittee maintains his business premises, 

or to a nonlicensee or nonpermittee who is not a resident of the 

State in which the licensee or permittee maintains his business 

premises and is acquiring explosive materials under 

§ 555.105(a)(3), the licensee or permittee distributing the explosive materials shall obtain an executed ATF F 5400.4 from the 

distributee which contains all of the information required on the 

form and by the regulations in this part.
43

(3) Completed ATF F 5400.4 is to be retained by the 

licensee or permittee as part of his permanent records in accordance with paragraph (a)(4) of this section.

(4) Each ATF F 5400.4 is retained in numerical (by 

transaction serial number) order commencing with “1” and 

continuing in regular sequence. When the numbering of any 

series reaches “1,000,000,” the licensee or permittee may 

recommence the series. The recommenced series is to be given an 

alphabetical prefix or suffix. Where there is a change in proprietorship, or in the individual, firm, corporate name or trade name, 

the series in use at the time of the change may be continued.

(5) The requirements of this section are in addition to any 

other recordkeeping requirement contained in this part.

(6) A licensee or permittee may obtain, upon request, a 

supply of ATF F 5400.4 from the Director.

(b) Limited Permittee Transaction Report for distribution of 

explosive materials on and after May 24, 2003. 

(1) A licensee or permittee may not distribute explosive 

materials to any person who is not a licensee or permittee. A 

licensee or permittee may not distribute explosive materials to a 

limited permittee unless the distributor records the transaction on 

ATF Form 5400.4, Limited Permittee Transaction Report.

(2) Before distributing explosive materials to a limited 

permittee, the licensee or permittee must obtain an executed 

Form 5400.4 from the limited permittee with an original unaltered and unexpired Intrastate Purchase of Explosives Coupon 

(IPEC) affixed. Except when delivery of explosive materials is 

made by a common or contract carrier who is an agent of the 

limited permittee, the licensee, permittee, or an agent of the 

licensee or permittee, must verify the identity of the of the holder 

of the limited permit by examining an identification document 

(as defined in §555.11) and noting on the Form 5400.4 the type 

of document presented. The licensee or permittee must complete 

the appropriate section on Form 5400.4 to indicate the type and 

quantity of explosive materials distributed, the license or permit 

number of the seller, and the date of the transaction. The licensee 

or permittee must sign and date the form and include any other 

information required by the instructions on the form and the 

regulations in this part.

(3) One copy of Form 5400.4 must be retained by the 

distributor as part of his permanent records in accordance with 

paragraph (b)(4) of this section and for the period specified in 

§555.121. The distributor must mail the other copy of Form 

5400.4 to the Bureau of Alcohol, Tobacco, Firearms and 

Explosives in accordance with the instructions on the form.

(4) Each Form 5400.4 must be retained in chronological 

order by date of disposition, or in alphabetical order by name of 

limited permittee. A licensee may not, however, use both methods 

in a single recordkeeping system. Where there is a change in 

proprietorship by a limited permittee, the forms may continue to 

be filed together after such change.

(5) The requirements of this section are in addition to any 

other recordkeeping requirement contained in this part.

(Approved by the Office of Management and Budget under 

control number 1140–0078)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–93, 46 FR 

50787, Oct. 15, 1981; T.D. ATF–172, 49 FR 14941, Apr. 16, 1984; T.D. ATF–446, 

66 FR 16602, Mar. 27, 2001; ATF No. 1, 68 FR 13791, Mar. 20, 2003]

§555.127 Daily summary of magazine 

transactions.

In taking the inventory required by §§§ 555.122, 555.123, 

555.124, and 555.125, a licensee or permittee shall enter the 

inventory in a record of daily summary transactions to be kept at 

each magazine of an approved storage facility; however, these 

records may be kept at one central location on the business 

premises if separate records of daily transactions are kept for each 

magazine. Not later than the close of the next business day, each 

licensee and permittee shall record by manufacturer's name or 

brand name, the total quantity received in and removed from each 

magazine during the day, and the total remaining on hand at the 

end of the day. Quantity entries for display fireworks may be 

expressed as the number and size of individual display fireworks 

in a finished state or as the number of packaged display segments 

or packaged displays. Information as to the number and size of 

display fireworks contained in any one packaged display segment 

or packaged display shall be provided to any ATF officer on 

request. Any discrepancy which might indicate a theft or loss of 

explosive materials is to be reported in accordance with § 555.30.

[T.D. ATF–293, 55 FR 3722, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR 

45003, Aug. 24, 1998]

§555.128 Discontinuance of business.

Where an explosive materials business or operations is discontinued and succeeded by a new licensee or new permittee, the 

records prescribed by this subpart shall appropriately reflect such 

facts and shall be delivered to the successor. Where discontinuance of the business or operations is absolute, the records 

required by this subpart must be delivered within 30 days 

following the business or operations discontinuance to any ATF 

office located in the region in which the business was located, or 

to the ATF Out-of-Business Records Center, 244 Needy Road, 

Martinsburg, West Virginia 25405. Where State law or local 

ordinance requires the delivery of records to other responsible 

authority, the Chief, Federal Explosives Licensing Center may 

arrange for the delivery of the records required by this subpart to 

such authority. (See also, §555.61.)

[T.D. ATF–290, 54 FR 53054, Dec. 27, 1989, as amended by T.D. ATF–446a, 66 

FR 19089, Apr. 13, 2001; ATF No. 1, 68 FR 13792, Mar. 20, 2003; ATF–11F, 73 

FR 57242, Oct. 2, 2008]
44

§555.129 Exportation.

Exportation of explosive materials is to be in accordance with 

the applicable provisions of section 38 of the Arms Export 

Control Act (22 U.S.C. 2778) and implementing regulations. 

However, a licensed importer, licensed manufacturer, or licensed 

dealer exporting explosive materials shall maintain records 

showing the manufacture or acquisition of explosive materials as 

required by this part and records showing the quantity, the 

manufacturer's name or brand name of explosive materials, the 

name and address of the foreign consignee of the explosive 

materials, and the date the explosive materials were exported. See 

§ 555.180 for regulations concerning the exportation of plastic 

explosives.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–387, 62 FR 

8377, Feb. 25, 1997]

Subpart H—Exemptions

§555.141 Exemptions.

(a) General. Except for the provisions of §§ 555.180 and 

555.181, this part does not apply to:

(1) Any aspect of the transportation of explosive materials 

via railroad, water, highway, or air which is regulated by the U.S. 

Department of Transportation and its agencies, and which 

pertains to safety. For example, regulations issued by the 

Department of Transportation addressing the security risk of 

aliens transporting explosives by commercial motor or railroad 

carrier from Canada preclude the enforcement of 18 U.S.C. 

842(i)(5) against persons shipping, transporting, receiving, or 

possessing explosives incident to and in connection with the 

commercial transportation of explosives by truck or rail from 

Canada into the United States. Questions concerning this 

exception should be directed to ATF's Public Safety Branch 

[ATF’s Explosives Industry Programs Branch] in Washington, 

DC.

(2) The use of explosive materials in medicines and 

medicinal agents in the forms prescribed by the official United 

States Pharmacopeia or the National Formulary. “The United 

States Pharmacopeia and The National Formulary,” USP and NF 

Compendia, are available from the United States Pharmacopeial 

Convention, Inc., 12601 Twinbrook Parkway, Rockville, 

Maryland 20852.

(3) The transportation, shipment, receipt, or importation 

of explosive materials for delivery to any agency of the United 

States or to any State or its political subdivision.

(4) Small arms ammunition and components of small 

arms ammunition.

(5) The manufacture under the regulation of the military 

department of the United States of explosive materials for, or 

their distribution to or storage or possession by, the military or 

naval services or other agencies of the United States.

(6) Arsenals, navy yards, depots, or other establishments 

owned by, or operated by or on behalf of, the United States.

(7) The importation, distribution, and storage of fireworks 

classified as UN0336, UN0337, UN0431, or UN0432 explosives by the U.S. Department of Transportation at 49 CFR 

172.101 and generally known as “consumer fireworks” or 

“articles pyrotechnic.”

(8) Gasoline, fertilizers, propellant actuated devices, or 

propellant actuated industrial tools manufactured, imported, or 

distributed for their intended purposes.

(9) Industrial and laboratory chemicals which are intended 

for use as reagents and which are packaged and shipped 

pursuant to U.S. Department of Transportation regulations, 49 

CFR Parts 100 to 177, which do not require explosives hazard 

warning labels.

(10) Model rocket motors that meet all of the following 

criteria—

(i) Consist of ammonium perchlorate composite 

propellant, black powder, or other similar low explosives;

(ii) Contain no more than 62.5 grams of total 

propellant weight; and

(iii) Are designed as single-use motors or as reload 

kits capable of reloading no more than 62.5 grams of propellant 

into a reusable motor casing.

(b) Black powder. Except for the provisions applicable to 

persons required to be licensed under subpart D, this part does 

not apply with respect to commercially manufactured black 

powder in quantities not to exceed 50 pounds, percussion caps, 

safety and pyrotechnic fuses, quills, quick and slow matches, 

and friction primers, 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 antique devices, 

as exempted from the term “destructive devices” in 18 U.S.C. 

921(a)(4).

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981 as amended by T.D. ATF–87, 46 FR 

46916, Sept. 23, 1981; T.D. ATF–293, 55 FR 3722, Feb. 5, 1990; T.D. ATF–87, 

62 FR 8377, Feb. 25, 1997; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998; ATF 

No. 1, 68 FR 13792, Mar. 20, 2003; ATF 6F, 71 FR 46101, Aug. 11, 2006]

§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.
45

(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 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 

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 Director, Industry Operations.

(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;
46

(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; 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.

(Approved by the Office of Management and Budget under 

control number 1140–0076)

[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

(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 punishable 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;

§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 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.

[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.
47

§555.165 Failure to report theft or loss.

(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, 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]

Subpart J—Marking of Plastic Explosives

§555.180 Prohibitions relating to unmarked 

plastic explosives.

(a) No person shall manufacture any plastic explosive that does 

not contain a detection agent.

(b) No person shall import or bring into the United States, or 

export from the United States, any plastic explosive that does not 

contain a detection agent. This paragraph does not apply to the 

importation or bringing into the United States, or the exportation 

from the United States, of any plastic explosive that was imported 

or brought into, or manufactured in the United States prior to 

April 24, 1996, by or on behalf of any agency of the United 

States performing military or police functions (including any 

military reserve component) or by or on behalf of the National 

Guard of any State, not later than 15 years after the date of entry 

into force of the Convention on the Marking of Plastic Explosives 

with respect to the United States, i.e., not later than June 21, 

2013.

(c) No person shall ship, transport, transfer, receive, or possess 

any plastic explosive that does not contain a detection agent. This 

paragraph does not apply to:

(1) The shipment, transportation, transfer, receipt, or 

possession of any plastic explosive that was imported or brought 

into, or manufactured in the United States prior to April 24, 1996, 

by any person during the period beginning on that date and 

ending on April 24, 1999; or

(2) The shipment, transportation, transfer, receipt, or 

possession of any plastic explosive that was imported or brought 

into, or manufactured in the United States prior to April 24, 1996, 

by or on behalf of any agency of the United States performing a 

military or police function (including any military reserve 

component) or by or on behalf of the National Guard of any 

State, not later than 15 years after the date of entry into force of 

the Convention on the Marking of Plastic Explosives with respect 

to the United States, i.e., not later than June 21, 2013.

(d) When used in this subpart, terms are defined as follows:

(1) Convention on the Marking of Plastic Explosives 

means the Convention on the Marking of Plastic Explosives for 

the Purposes of Detection, Done at Montreal on 1 March 1991.

(2) “Date of entry into force” of the Convention on the 

Marking of Plastic Explosives means that date on which the 

Convention enters into force with respect to the U.S. in accordance with the provisions of Article XIII of the Convention on the 

Marking of Plastic Explosives. The Convention entered into force 

on June 21, 1998.

(3) Detection agent means any one of the substances 

specified in this paragraph when introduced into a plastic 

explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous 

distribution in the finished explosive, including—

(i) Ethylene glycol dinitrate (EGDN), C[2]H[4](NO 

[3])[2], molecular weight 152, when the minimum concentration 

in the finished explosive is 0.2 percent by mass;

(ii) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C[6] 

H[12](NO[2])[2], molecular weight 176, when the minimum 

concentration in the finished explosive is 0.1 percent by mass;

(iii) Para-Mononitrotoluene (p-MNT), C[7]H[7]NO 

[2], molecular weight 137, when the minimum concentration in 

the finished explosive is 0.5 percent by mass;

(iv) Ortho-Mononitrotoluene (o-MNT), C[7]H[7]NO 

[2], molecular weight 137, when the minimum concentration in 

the finished explosive is 0.5 percent by mass; and

(v) Any other substance in the concentration specified by the Director, after consultation with the Secretary of State 

and Secretary of Defense, that has been added to the table in Part 

2 of the Technical Annex to the Convention on the Marking of 

Plastic Explosives.

(4) Plastic explosive means an explosive material in 

flexible or elastic sheet form formulated with one or more high 

explosives which in their pure form has a vapor pressure less than 

10<4> Pa at a temperature of 25 oC, is formulated with a binder 

material, and is as a mixture malleable or flexible at normal room 
48

temperature. High explosives, as defined in §555.202(a), are 

explosive materials which can be caused to detonate by means of 

a blasting cap when unconfined.

[T.D. ATF–387, 62 FR 8376, Feb. 25, 1997, as amended by T.D. ATF–419, 64 FR 

55628, Oct. 14, 1999]

§555.181 Reporting of plastic explosives.

All persons, other than an agency of the United States (including any military reserve component) or the National Guard of any 

State, possessing any plastic explosive on April 24, 1996, shall 

submit a report to the Director no later than August 22, 1996. The 

report shall be in writing and mailed by certified mail (return 

receipt requested) to the Director at P.O. Box 50204, Washington, 

DC 20091-0204. The report shall include the quantity of plastic 

explosives possessed on April 24, 1996; any marks of identification on such explosives; the name and address of the manufacturer or importer; the storage location of such explosives, 

including the city and State; and the name and address of the 

person possessing the plastic explosives.

[T.D. ATF–382, 61 FR 38085, July 23, 1996, as amended by T.D. ATF–387, 62 FR 

8377, Feb. 25, 1997; ATF–11F, 73 FR 57242, Oct. 2, 2008]

§555.182 Exceptions.

It is an affirmative defense against any proceeding involving 

§§555.180 and 555.181 if the proponent proves by a preponderance of the evidence that the plastic explosive—

(a) Consisted of a small amount of plastic explosive intended for 

and utilized solely in lawful—

(1) Research, development, or testing of new or modified 

explosive materials;

(2) Training in explosives detection or development or 

testing of explosives detection equipment; or

(3) Forensic science purposes; or

(b) Was plastic explosive that, by April 24, 1999, will be or is 

incorporated in a military device within the territory of the 

United States and remains an integral part of such military 

device, or is intended to be, or is incorporated in, and remains an 

integral part of a military device that is intended to become, or 

has become, the property of any agency of the United States 

performing military or police functions (including any military 

reserve component) or the National Guard of any State, wherever 

such device is located. For purposes of this paragraph, the term 

“military device” includes, but is not restricted to, shells, bombs, 

projectiles, mines, missiles, rockets, shaped charges, grenades, 

perforators, and similar devices lawfully manufactured exclusively for military or police purposes.

[T.D. ATF–387, 62 FR 8377, Feb. 25, 1997]

§555.183 Importation of plastic explosives on or 

after April 24, 1997.

Persons filing Form 6 applications for the importation of plastic 

explosives on or after April 24, 1997, shall attach to the application the following written statement, prepared in triplicate, 

executed under the penalties of perjury:

(a) “I declare under the penalties of perjury that the plastic 

explosive to be imported contains a detection agent as required by 

27 CFR 555.180(b)”; or

(b) “I declare under the penalties of perjury that the plastic 

explosive to be imported is a “small amount” to be used for 

research, training, or testing purposes and is exempt from the 

detection agent requirement pursuant to 27 CFR 555.182.”

[T.D. ATF–387, 62 FR 8377, Feb. 25, 1997]

§555.184 Statements of process and samples.

(a) A complete and accurate statement of process with regard to 

any plastic explosive or to any detection agent that is to be 

introduced into a plastic explosive or formulated in such plastic 

explosive shall be submitted by a licensed manufacturer or 

licensed importer, upon request, to the Director.

(b) Samples of any plastic explosive or detection agent shall be 

submitted by a licensed manufacturer or licensed importer, upon 

request, to the Director.

(Paragraph (a) approved by the Office of Management and 

Budget under control number 1140–0042)

[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997, as amended by ATF–11F, 73 FR 

57242, Oct. 2, 2008]

§555.185 Criminal sanctions.

Any person who violates the provisions of 18 U.S.C. 842(l)–(o) 

shall be fined under title 18, U.S.C., imprisoned for not more than 

10 years, or both.

[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]

§555.186 Seizure or forfeiture.

Any plastic explosive that does not contain a detection agent in 

violation of 18 U.S.C. 842(l)–(n) is subject to seizure and 

forfeiture, and all provisions of 19 U.S.C. 1595a, relating to 

seizure, forfeiture, and disposition of merchandise introduced or 

attempted to be introduced into the U.S. contrary to law, shall 

extend to seizures and forfeitures under this subpart. See §72.27 

of this chapter for regulations on summary destruction of plastic 

explosives that do not contain a detection agent.

[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]
49

Subpart K—Storage

§555.201 General.

(a) Section 842(j) of the Act and §555.29 of this part require 

that the storage of explosive materials by any person must be in 

accordance with the regulations in this part. Further, section 846 

of this Act authorizes regulations to prevent the recurrence of 

accidental explosions in which explosive materials were involved. 

The storage standards prescribed by this subpart confer no right 

or privileges to store explosive materials in a manner contrary to 

State or local law.

(b) The Director may authorize alternate construction for 

explosives storage magazines when it is shown that the alternate 

magazine construction is substantially equivalent to the standards 

of safety and security contained in this subpart. Any alternate 

explosive magazine construction approved by the Director prior 

to August 9, 1982, will continue as approved unless notified in 

writing by the Director. Any person intending to use alternate 

magazine construction shall submit a letter application to the 

Director, Industry Operations for transmittal to the Director, 

specifically describing the proposed magazine. Explosive 

materials may not be stored in alternate magazines before the 

applicant has been notified that the application has been 

approved.

(c) A licensee or permittee who intends to make changes in his 

magazines, or who intends to construct or acquire additional 

magazines, shall comply with § 555.63.

(d) The regulations set forth in §§555.221 through 555.224 

pertain to the storage of display fireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks and 

articles pyrotechnic.

(e) The provisions of § 555.202(a) classifying flash powder and 

bulk salutes as high explosives are mandatory after March 7, 

1990: Provided, that those persons who hold licenses or permits 

under this part on that date shall, with respect to the premises 

covered by such licenses or permits, comply with the high 

explosives storage requirements for flash powder and bulk salutes 

by March 7, 1991.

(f) Any person who stores explosive materials shall notify the 

authority having jurisdiction for fire safety in the locality in 

which the explosive materials are being stored of the type, 

magazine capacity, and location of each site where such explosive 

materials are stored. Such notification shall be made orally before 

the end of the day on which storage of the explosive materials 

commenced and in writing within 48 hours from the time such 

storage commenced.

(Paragraph (f) approved by the Office of Management and 

Budget under control number 1140–0071)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–293, 55 FR 

3722, Feb. 5, 1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998; ATF–11F, 73 FR 

57242, Oct. 2, 2008]

§555.202 Classes of explosive materials.

For purposes of this part, there are three classes of explosive 

materials. These classes, together with the description of explosive materials comprising each class, are as follows:

(a) High explosives. Explosive materials which can be caused 

to detonate by means of a blasting cap when unconfined, (for 

example, dynamite, flash powders, and bulk salutes). See also 

§555.201(e).

(b) Low explosives. Explosive materials which can be caused to 

deflagrate when confined (for example, black powder, safety 

fuses, igniters, igniter cords, fuse lighters, and “display fireworks” classified as UN0333, UN0334, or UN0335 by the U.S. 

Department of Transportation regulations at 49 CFR 172.101, 

except for bulk salutes).

(c) Blasting agents. (For example, ammonium nitrate-fuel oil 

and certain water-gels (see also § 555.11).

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–293, 55 FR 

3722, Feb. 5, 1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998]

§555.203 Types of magazines.

For purposes of this part, there are five types of magazines. 

These types, together with the classes of explosive materials, as 

defined in §555.202, which will be stored in them, are as 

follows:

(a) Type 1 magazines. Permanent magazines for the storage of 

high explosives, subject to the limitations prescribed by 

§§ 555.206 and 555.213. Other classes of explosive materials may 

also be stored in type 1 magazines.

(b) Type 2 magazines. Mobile and portable indoor and outdoor 

magazines for the storage of high explosives, subject to the 

limitations prescribed by §§§555.206, 555.208(b), and 555.213. 

Other classes of explosive materials may also be stored in type 2 

magazines.

(c) Type 3 magazines. Portable outdoor magazines for the 

temporary storage of high explosives while attended (for example, a “day-box”), subject to the limitations prescribed by 

§§ 555.206 and 555.213. Other classes of explosives materials 

may also be stored in type 3 magazines.

(d) Type 4 magazines. Magazines for the storage of low 

explosives, subject to the limitations prescribed by 

§§§ 555.206(b), 555.210(b), and 555.213. Blasting agents may be 

stored in type 4 magazines, subject to the limitations prescribed 

by §§§ 555.206(c), 555.211(b), and 555.213. Detonators that will 

not mass detonate may also be stored in type 4 magazines, 

subject to the limitations prescribed by §§§555.206(a), 

555.210(b), and 555.213.

(e) Type 5 magazines. Magazines for the storage of blasting 

agents, subject to the limitations prescribed by §§§555.206(c), 

555.211(b), and 555.213.
50

§555.204 Inspection of magazines.

Any person storing explosive materials shall inspect his 

magazines at least every seven days. This inspection need not be 

an inventory, but must be sufficient to determine whether there 

has been unauthorized entry or attempted entry into the magazines, or unauthorized removal of the contents of the magazines.

§555.205 Movement of explosive materials.

All explosive materials must be kept in locked magazines 

meeting the standards in this subpart unless they are:

(a) In the process of manufacture;

(b) Being physically handled in the operating process of a 

licensee or user;

(c) Being used; or

(d) Being transported to a place of storage or use by a licensee 

or permittee or by a person who has lawfully acquired explosive 

materials under §555.106.

§555.206 Location of magazines.

(a) Outdoor magazines in which high explosives are stored must 

be located no closer to inhabited buildings, passenger railways, 

public highways, or other magazines in which high explosives 

are stored, than the minimum distances specified in the table of 

distances for storage of explosive materials in § 555.218.

(b) Outdoor magazines in which low explosives are stored must 

be located no closer to inhibited buildings, passenger railways, 

public highways, or other magazines in which explosive materials are stored, than the minimum distances specified in the table 

of distances for storage of low explosives in § 555.219, except 

that the table of distances in § 555.224 shall apply to the storage 

of display fireworks. The distances shown in §555.219 may not 

be reduced by the presence of barricades.

(c) (1) Outdoor magazines in which blasting agents in 

quantities of more than 50 pounds are stored must be located no 

closer to inhabited buildings, passenger railways, or public 

highways than the minimum distances specified in the table of 

distances for storage of explosive materials in § 555.218.

(2) Ammonium nitrate and magazines in which blasting 

agents are stored must be located no closer to magazines in 

which high explosives or other blasting agents are stored than the 

minimum distances specified in the table of distances for the 

separation of ammonium nitrate and blasting agents in §555.220. 

However, the minimum distances for magazines in which 

explosives and blasting agents are stored from inhabited buildings, etc., may not be less than the distances specified in the table 

of distances for storage of explosives materials in § 555.218.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–293, 55 FR 

3722, Feb. 5, 1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998]

§555.207 Construction of type 1 magazines.

A type 1 magazine is a permanent structure: a building, an 

igloo or “Army-type structure”, a tunnel, or a dugout. It is to be 

bullet-resistant, fire-resistant, weather-resistant, theft-resistant, 

and ventilated.

(a) Buildings. All building type magazines are to be constructed 

of masonry, wood, metal, or a combination of these materials, and 

have no openings except for entrances and ventilation. The 

ground around building magazines must slope away for drainage 

or other adequate drainage provided.

(1) Masonry wall construction. Masonry wall construction is to consist of brick, concrete, tile, cement block, or cinder 

block and be not less than 6" in thickness. Hollow masonry units 

used in construction must have all hollow spaces filled with welltamped, coarse, dry sand or weak concrete (at least a mixture of 

one part cement and eight parts of sand with enough water to 

dampen the mixture while tamping in place). Interior walls are to 

be constructed of, or covered with, a nonsparking material.

(2) Fabricated metal wall construction. Metal wall 

construction is to consist of sectional sheets of steel or aluminum 

not less than number 14-gauge, securely fastened to a metal 

framework. Metal wall construction is either lined inside with 

brick, solid cement blocks, hardwood not less than four inches 

thick, or will have at least a six inch sand fill between interior and 

exterior walls. Interior walls are to be constructed of, or covered 

with, a nonsparking material.

(3) Wood frame wall construction. The exterior of outer 

wood walls is to be covered with iron or aluminum not less than 

number 26-gauge. An inner wall of, or covered with nonsparking 

material will be constructed so as to provide a space of not less 

than six inches between the outer and inner walls. The space is to 

be filled with coarse, dry sand or weak concrete.

(4) Floors. Floors are to be constructed of, or covered with, 

a nonsparking material and shall be strong enough to bear the 

weight of the maximum quantity to be stored. Use of pallets 

covered with a nonsparking material is considered equivalent to a 

floor constructed of or covered with a nonsparking material.

(5) Foundations. Foundations are to be constructed of 

brick, concrete, cement block, stone, or wood posts. If piers or 

posts are used, in lieu of a continuous foundation, the space under 

the buildings is to be enclosed with metal.

(6) Roof. Except for buildings with fabricated metal roofs, 

the outer roof is to be covered with no less than number 26-guage 

iron or aluminum, fastened to at least 7⁄8" sheathing.

(7) Bullet-resistant ceilings or roofs. Where it is possible 

for a bullet to be fired directly through the roof and into the 

magazine at such an angle that the bullet would strike the 

explosives within, the magazine is to be protected by one of the 

following methods:
51

(i) A sand tray lined with a layer of building paper, 

plastic, or other nonporous material, and filled with not less than 

four inches of coarse, dry sand, and located at the tops of inner 

walls covering the entire ceiling area, except that portion necessary for ventilation.

(ii) A fabricated metal roof constructed of 3⁄16" plate 

steel lined with four inches of hardwood. (For each additional 1⁄16" 

of plate steel, the hardwood lining may be decreased one inch.)

(8) Doors. All doors are to be constructed of not less than 1

⁄4" plate steel and lined with at least two inches of hardwood. 

Hinges and hasps are to be attached to the doors by welding, 

riveting or bolting (nuts on inside of door). They are to be 

installed in such a manner that the hinges and hasps cannot be 

removed when the doors are closed and locked.

(9) Locks. Each door is to be equipped with (i) two mortise 

locks; (ii) two padlock fastened in separate hasps and staples; (iii) 

a combination of a mortise lock and a padlock; (iv) a mortise lock 

that requires two keys to open; or (v) a three-point lock. Padlocks 

must have at least five tumblers and a casehardened shackle of at 

least 3⁄8" diameter. Padlocks must be protected with not less than 1

⁄4" steel hoods constructed so as to prevent sawing or lever action 

on the locks, hasps, and staples. These requirements do not apply 

to magazine doors that are adequately secured on the inside by 

means of a bolt, lock, or bar that cannot be actuated from the 

outside.

(10) Ventilation. Ventilation is to be provided to prevent 

dampness and heating of stored explosive materials. Ventilation 

openings must be screened to prevent the entrance of sparks. 

Ventilation openings in side walls and foundations must be offset 

or shielded for bullet-resistant purposes. Magazines having 

foundation and roof ventilators with the air circulating between 

the side walls and the floors and between the side walls and the 

ceiling must have a wooden lattice lining or equivalent to prevent 

the packages of explosive materials from being stacked against 

the side walls and blocking the air circulation.

(11) Exposed metal. No sparking material is to be exposed 

to contact with the stored explosive materials. All ferrous metal 

nails in the floor and side walls, which might be exposed to 

contact with explosive materials, must be blind nailed, countersunk, or covered with a nonsparking lattice work or other nonsparking material.

(b) Igloos, “Army-type structures”, tunnels, and dugouts. 

Igloo, “Army-type structure”, tunnel, and dugout magazines are to 

be constructed of reinforced concrete, masonry, metal, or a 

combination of these materials. They must have an earthmound 

covering of not less than 24" on the top, sides and rear unless the 

magazine meets the requirements of paragraph (a)(7) of this 

section. Interior walls and floors must be constructed of, or 

covered with, a nonsparking material. Magazines of this type are 

also to be constructed in conformity with the requirements of 

paragraph (a)(4) and paragraphs (a)(8) through (11) of this 

section.

§555.208 Construction of type 2 magazines.

A type 2 magazine is a box, trailer, semitrailer, or other mobile 

facility.

(a) Outdoor magazines—

(1) General. Outdoor magazines are to be bullet-resistant, 

fire-resistant, weather-resistant, theft-resistant, and ventilated. 

They are to be supported to prevent direct contact with the 

ground and, if less than one cubic yard in size, must be securely 

fastened to a fixed object. The ground around outdoor magazines 

must slope away for drainage or other adequate drainage 

provided. When unattended, vehicular magazines must have 

wheels removed or otherwise effectively immobilized by kingpin 

locking devices or other methods approved by the Director.

(2) Exterior construction. The exterior and doors are to be 

constructed of not less than 1⁄4" steel and lined with at least two 

inches of hardwood. Magazines with top openings will have lids 

with water-resistant seals or which overlap the sides by at least 

one inch when in a closed position.

(3) Hinges and hasps. Hinges and hasps are to be attached 

to doors by welding, riveting, or bolting (nuts on inside of door). 

Hinges and hasps must be installed so that they cannot be 

removed when the doors are closed and locked.

(4) Locks. Each door is to be equipped with (i) two mortise 

locks; (ii) two padlocks fastened in separate hasps and staples; 

(iii) a combination of a mortise lock and a padlock; (iv) a mortise 

lock that requires two keys to open; or (v) a three-point lock. 

Padlocks must have at least five tumblers and a case-hardened 

shackle of at least 3⁄8" diameter. Padlocks must be protected with 

not less than 1⁄4" steel hoods constructed so as to prevent sawing 

or lever action on the locks, hasps, and staples. These requirements do not apply to magazine doors that are adequately secured 

on the inside by means of a bolt, lock, or bar that cannot be 

actuated from the outside.

(b) Indoor magazines—

(1) General. Indoor magazines are to be fire-resistant and 

theft-resistant. They need not be bullet-resistant and weatherresistant if the buildings in which they are stored provide protection from the weather and from bullet penetration. No indoor 

magazine is to be located in a residence or dwelling. The indoor 

storage of high explosives must not exceed a quantity of 50 

pounds. More than one indoor magazine may be located in the 

same building if the total quantity of explosive materials stored 

does not exceed 50 pounds. Detonators must be stored in a 

separate magazine (except as provided in §555.213) and the total 

quantity of detonators must not exceed 5,000.

(2) Exterior construction. Indoor magazines are to be 

constructed of wood or metal according to one of the following 

specifications:

(i) Wood indoor magazines are to have sides, 

bottoms and doors constructed of at least two inches of hardwood 

and are to be well braced at the corners. They are to be covered 

with sheet metal of not less than number 26-gauge (.0179 inches). 
52

Nails exposed to the interior of magazines must be countersunk.

(ii) Metal indoor magazines are to have sides, 

bottoms and doors constructed of not less than number 12-gauge 

(.1046 inches) metal and be lined inside with a nonsparking 

material. Edges of metal covers must overlap sides at least one 

inch.

(3) Hinges and hasps. Hinges and hasps are to be attached 

to doors by welding, riveting, or bolting (nuts on inside of door). 

Hinges and hasps must be installed so that they cannot be 

removed when the doors are closed and locked.

(4) Locks. Each door is to be equipped with (i) two mortise 

locks; (ii) two padlocks fastened in separate hasps and staples; 

(iii) a combination of a mortise lock and a padlock; (iv) a mortise 

lock that requires two keys to open; or (v) a three-point lock. 

Padlocks must have at least five tumblers and a case-hardened 

shackle of at least 3⁄8" diameter. Padlocks must be protected with 

not less than 1

⁄4" steel hoods constructed so as to prevent sawing 

or lever action on the locks, hasps, and staples. Indoor magazines 

located in secure rooms that are locked as provided in this 

subparagraph may have each door locked with one steel padlock 

(which need not be protected by a steel hood) having at least five 

tumblers and a case-hardened shackle of at least 3⁄8" diameter, if 

the door hinges and lock hasp are securely fastened to the 

magazine. 

These requirements do not apply to magazine doors that are 

adequately secured on the inside by means of a bolt, lock, or bar 

that cannot be actuated from the outside.

(c) Detonator boxes. Magazines for detonators in quantities of 

100 or less are to have sides, bottoms and doors constructed of 

not less than number 12-gauge (.1046 inches) metal and lined 

with a nonsparking material. Hinges and hasps must be attached 

so they cannot be removed from the outside. One steel padlock 

(which need not be protected by a steel hood) having at least five 

tumblers and a case-hardened shackle of at least 3

⁄8" diameter is 

sufficient for locking purposes.

§555.209 Construction of type 3 magazines.

A type 3 magazine is a “day-box” or other portable magazine. 

It must be fire-resistant, weather-resistant, and theft-resistant. A 

type 3 magazine is to be constructed of not less than number 12-

gauge (.1046 inches) steel, lined with at least either 1

⁄2" plywood 

or 1⁄2" Masonite-type hardboard. Doors must overlap sides by at 

least one inch. Hinges and hasps are to be attached by welding, 

riveting or bolting (nuts on inside). One steel padlock (which 

need not be protected by a steel hood) having at least five 

tumblers and a case-hardened shackle of at least 3⁄8" diameter is 

sufficient for locking purposes. Explosive materials are not to be 

left unattended in type 3 magazines and must be removed to type 

1 or 2 magazines for unattended storage.

§555.210 Construction of type 4 magazines.

A type 4 magazine is a building, igloo or “Army-type structure”, tunnel, dugout, box, trailer, or a semitrailer or other mobile 

magazine.

(a) Outdoor magazines—

(1) General. Outdoor magazines are to be fire-resistant, 

weather-resistant, and theft-resistant. The ground around outdoor 

magazines must slope away for drainage or other adequate 

drainage be provided. When unattended, vehicular magazines 

must have wheels removed or otherwise be effectively immobilized by kingpin locking devices or other methods approved by 

the Director.

(2) Construction. Outdoor magazines are to be 

constructed of masonry, metal-covered wood, fabricated metal, or 

a combination of these materials. Foundations are to be constructed of brick, concrete, cement block, stone, or metal or wood 

posts. If piers or posts are used, in lieu of a continuous foundation, the space under the building is to be enclosed with fireresistant material. The walls and floors are to be constructed of, 

or covered with, a nonsparking material or lattice work. The 

doors must be metal or solid wood covered with metal.

(3) Hinges and hasps. Hinges and hasps are to be attached 

to doors by welding, riveting, or bolting (nuts on inside of door). 

Hinges and hasps must be installed so that they cannot be 

removed when the doors are closed and locked.

(4) Locks. Each door is to be equipped with (i) two 

mortise locks; (ii) two padlocks fastened in separate hasps and 

staples; (iii) a combination of a mortise lock and a padlock; (iv) a 

mortise lock that requires two keys to open; or (v) a three-point 

lock. Padlocks must have at least five tumblers and casehardened shackle of at least 3

⁄8" diameter. Padlocks must be 

protected with not less than 1⁄4" steel hoods constructed so as to 

prevent sawing or lever action on the locks, hasps, and staples. 

These requirements do not apply to magazine doors that are 

adequately secured on the inside by means of a bolt, lock, or bar 

that cannot be actuated from the outside.

(b) Indoor magazine—

(1) General. Indoor magazines are to be fire-resistant and 

theft-resistant. They need not be weather-resistant if the buildings 

in which they are stored provide protection from the weather. No 

indoor magazine is to be located in a residence or dwelling. The 

indoor storage of low explosives must not exceed a quantity of 50 

pounds. More than one indoor magazine may be located in the 

same building if the total quantity of explosive materials stored 

does not exceed 50 pounds. Detonators that will not mass 

detonate must be stored in a separate magazine and the total 

number of electric detonators must not exceed 5,000.

(2) Construction. Indoor magazines are to be constructed 

of masonry, metal-covered wood, fabricated metal, or a combination of these materials. The walls and floors are to be constructed 

of, or covered with, a nonsparking material. The doors must be 

metal or solid wood covered with metal.
53

(3) Hinges and hasps. Hinges and hasps are to be attached 

to doors by welding, riveting, or bolting (nuts on inside of door). 

Hinges and hasps must be installed so that they cannot be 

removed when the doors are closed and locked.

(4) Locks. Each door is to be equipped with (i) two mortise 

locks; (ii) two padlocks fastened in separate hasps and staples; 

(iii) a combination of a mortise lock and padlock; (iv) a mortise 

lock that requires two keys to open; or (v) a three-point lock. 

Padlocks must have at least five tumblers and a case-hardened 

shackle of at least 3⁄8" diameter. Padlocks must be protected with 

not less than 1⁄4" steel hoods constructed so as to prevent sawing 

or lever action on the locks, hasps, and staples. Indoor magazines 

located in secure rooms that are locked as provided in this 

subparagraph may have each door locked with one steel padlock 

(which need not be protected by a steel hood) having at least five 

tumblers and a case-hardened shackle of at least 3⁄8" diameter, if 

the door hinges and lock hasp are securely fastened to the 

magazine. These requirements do not apply to magazine doors 

that are adequately secured on the inside by means of a bolt, lock, 

or bar that cannot be actuated from the outside.

§555.211 Construction of type 5 magazines.

A type 5 magazine is a building, igloo or “Army-type structure”, tunnel, dugout, bin, box, trailer, or a semitrailer or other 

mobile facility.

(a) Outdoor magazines—

(1) General. Outdoor magazines are to be weather-resistant 

and theft-resistant. The ground around magazines must slope 

away for drainage or other adequate drainage be provided. When 

unattended, vehicular magazines must have wheels removed or 

otherwise be effectively immobilized by kingpin locking devices 

or other methods approved by the Director.

(2) Construction. The doors are to be constructed of solid 

wood or metal.

(3) Hinges and hasps. Hinges and hasps are to be attached 

to doors by welding, riveting, or bolting (nuts on inside of door). 

Hinges and hasps must be installed so that they cannot be 

removed when the doors are closed and locked.

(4) Locks. Each door is to be equipped with (i) two mortise 

locks; (ii) two padlocks fastened in separate hasps and staples; 

(iii) a combination of a mortise lock and a padlock; (iv) a mortise 

lock that requires two keys to open; or (v) a three-point lock. 

Padlocks must have at least five tumblers and a case-hardened 

shackle of at least 3⁄8" diameter. Padlocks must be protected with 

not less than 1⁄4" steel hoods constructed so as to prevent sawing 

or lever action on the locks, hasps, and staples. Trailers, semitrailers, and similar vehicular magazines may, for each door, be 

locked with one steel padlock (which need not be protected by a 

steel hood) having at least five tumblers and a case-hardened 

shackle of at least 3

⁄8" diameter, if the door hinges and lock hasp 

are securely fastened to the magazine and to the door frame. 

These requirements do not apply to magazine doors that are 

adequately secured on the inside by means of a bolt, lock, or bar 

that cannot be actuated from the outside.

(5) Placards. The placards required by Department of 

Transportation regulations at 49 CFR part 172, subpart F, for the 

transportation of blasting agents shall be displayed on all magazines.

(b) Indoor magazines—

(1) General. Indoor magazines are to be theft-resistant. 

They need not be weather-resistant if the buildings in which they 

are stored provide protection from the weather. No indoor 

magazine is to be located in a residence or dwelling. Indoor 

magazines containing quantities of blasting agents in excess of 50 

pounds are subject to the requirements of §555.206 of this 

subpart.

(2) Construction. The doors are to be constructed of wood 

or metal.

(3) Hinges and hasps. Hinges and hasps are to be attached 

to doors by welding, riveting, or bolting (nuts on inside). Hinges 

and hasps must be installed so that they cannot be removed when 

the doors are closed and locked.

(4) Locks. Each door is to be equipped with (i) two mortise 

locks; (ii) two padlocks fastened in separate hasps and staples; 

(iii) a combination of a mortise lock and a padlock; (iv) a mortise 

lock that requires two keys to open; or (v) a three-point lock. 

Padlocks must have at least five tumblers and a case-hardened 

shackle of at least 3⁄8" diameter. Padlocks must be protected with 

not less than 1⁄4" steel hoods constructed so as to prevent sawing 

or lever action on the locks, hasps, and staples. Indoor magazines 

located in secure rooms that are locked as provided in this 

subparagraph may have each door locked with one steel padlock 

(which need not be protected by a steel hood) having at least five 

tumblers and a case-hardened shackle of at least 3⁄8" diameter, if 

the door hinges and lock hasps are securely fastened to the 

magazine and to the door frame. These requirements do not apply 

to magazine doors that are adequately secured on the inside by 

means of a bolt, lock, or bar that cannot be actuated from the 

outside.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–298, 55 FR 

21863, May 30, 1990]

§555.212 Smoking and open flames.

Smoking, matches, open flames, and spark producing devices 

are not permitted:

(a) In any magazine;

(b) Within 50 feet of any outdoor magazine; or

(c) Within any room containing an indoor magazine.

§555.213 Quantity and storage restrictions.

(a) Explosive materials in excess of 300,000 pounds or detonators in excess of 20 million are not to be stored in one magazine 

unless approved by the Director.
54

and maintenance of magazines must have no spark-producing 

metal parts, and may be kept in magazines. Floors stained by 

leakage from explosive materials are to be cleaned according to 

instructions of the explosives manufacturer. When any explosive 

material has deteriorated it is to be destroyed in accordance with 

the advice or instructions of the manufacturer. The area surrounding magazines is to be kept clear of rubbish, brush, dry grass, or 

trees (except live trees more than 10 feet tall), for not less than 25 

feet in all directions. Volatile materials are to be kept a distance of 

not less than 50 feet from outdoor magazines. Living foliage 

which is used to stabilize the earthen covering of a magazine need 

not be removed.

§555.216 Repair of magazines.

Before repairing the interior of magazines, all explosive 

materials are to be removed and the interior cleaned. Before 

repairing the exterior of magazines, all explosive materials must 

be removed if there exists any possibility that repairs may produce 

sparks or flame. Explosive materials removed from magazines 

under repair must be (a) placed in other magazines appropriate for 

the storage of those explosive materials under this subpart, or (b) 

placed a safe distance from the magazines under repair where they 

are to be properly guarded and protected until the repairs have 

been completed.

§555.217 Lighting.

(a) Battery-activated safety lights or battery-activated safety 

lanterns may be used in explosives storage magazines.

(b) Electric lighting used in any explosives storage magazine 

must meet the standards prescribed by the “National Electrical 

Code,” (National Fire Protection Association, NFPA 70–81), for 

the conditions present in the magazine at any time. All electrical 

switches are to be located outside of the magazine and also meet 

the standards prescribed by the National Electrical Code.

(c) Copies of invoices, work orders or similar documents which 

indicate the lighting complies with the National Electrical Code 

must be available for inspection by ATF officers.

(b) Detonators are not to be stored in the same magazine with 

other explosive materials, except under the following circumstances:

(1) In a type 4 magazine, detonators that will not mass 

detonate may be stored with electric squibs, safety fuse, shock 

tube, igniters, and igniter cord.

(2) In a type 1 or type 2 magazine, detonators may be 

stored with delay devices and any of the items listed in paragraph (b)(1) of this section.

[T.D. ATF–487, 68 FR 3748, Jan. 24, 2003, as amended by ATF 15F, 75 FR 

3163, Jan. 20, 2010]

§555.214 Storage within types 1, 2, 3, and 4 

magazines.

(a) Explosive materials within a magazine are not to be placed 

directly against interior walls and must be stored so as not to 

interfere with ventilation. To prevent contact of stored explosive 

materials with walls, a nonsparking lattice work or other 

nonsparking material may be used.

(b) Containers of explosive materials are to be stored so that 

marks are visible. Stocks of explosive materials are to be stored 

so they can be easily counted and checked upon inspection.

(c) Except with respect to fiberboard or other nonmetal 

containers, containers of explosive materials are not to be 

unpacked or repacked inside a magazine or within 50 feet of a 

magazine, and must not be unpacked or repacked close to other 

explosive materials. Containers of explosive materials must be 

closed while being stored.

(d) Tools used for opening or closing containers of explosive 

materials are to be of nonsparking materials, except that metal 

slitters may be used for opening fiberboard containers. A wood 

wedge and a fiber, rubber, or wooden mallet are to be used for 

opening or closing wood containers of explosive materials. 

Metal tools other than nonsparking transfer conveyors are not to 

be stored in any magazine containing high explosives.

§555.215 Housekeeping.

Magazines are to be kept clean, dry, and free of grit, paper, 

empty packages and containers, and rubbish. Floors are to be 

regularly swept. Brooms and other utensils used in the cleaning 
55

§555.218 Table of distances for storage of explosive materials.

Table: American Table of Distances for Storage of Explosives (December 1910), as Revised and Approved by the 

Institute of Makers of Explosives—July, 1991.

Quantity of Explosives Distances in feet

Pounds

over

Pounds

not over

Inhabited buildings

Public highways with traffic 

volume 3000 or fewer 

vehicles/day

Passenger railways-public 

highways with traffic volume 

more than 3,000 vehicles/

day

Separation of magazines

Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded

0

5

10

20

30

40

50

75

100

125

150

200

250

300

400

500

600

700

800

900

1,000

1,200

1,400

1,600

1,800

2,000

2,500

3,000

4,000

5,000

6,000

7,000

8,000

9,000

10,000

12,000

14,000

16,000

18,000

20,000

25,000

30,000

35,000

40,000

45,000

50,000

55,000

60,000

65,000

70,000

75,000

80,000

85,000

90,000

95,000

100,000

110,000

120,000

130,000

140,000

150,000

160,000

170,000

180,000

190,000

200,000

210,000

230,000

250,000

275,000

5

10

20

30

40

50

75

100

125

150

200

250

300

400

500

600

700

800

900

1,000

1,200

1,400

1,600

1,800

2,000

2,500

3,000

4,000

5,000

6,000

7,000

8,000

9,000

10,000

12,000

14,000

16,000

18,000

20,000

25,000

30,000

35,000

40,000

45,000

50,000

55,000

60,000

65,000

70,000

75,000

80,000

85,000

90,000

95,000

100,000

110,000

120,000

130,000

140,000

150,000

160,000

170,000

180,000

190,000

200,000

210,000

230,000

250,000

275,000

300,000

70

90

110

125

140

150

170

190

200

215

235

255

270

295

320

340

355

375

390

400

425

450

470

490

505

545

580

635

685

730

770

800

835

865

875

885

900

940

975

1,055

1,130

1,205

1,275

1,340

1,400

1,460

1,515

1,565

1,610

1,655

1,695

1,730

1,760

1,790

1,815

1,835

1,855

1,875

1,890

1,900

1,935

1,965

1,990

2,010

2,030

2,055

2,100

2,155

2,215

2,275

140

180

220

250

280

300

340

380

400

430

470

510

540

590

640

680

710

750

780

800

850

900

940

980

1,010

1,090

1,160

1,270

1,370

1,460

1,540

1,600

1,670

1,730

1,750

1,770

1,800

1,880

1,950

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,010

2,030

2,055

2,100

2,155

2,215

2,275

30

35

45

50

55

60

70

75

80

85

95

105

110

120

130

135

145

150

155

160

165

170

175

180

185

190

195

210

225

235

245

250

255

260

270

275

280

285

290

315

340

360

380

400

420

440

455

470

485

500

510

520

530

540

545

550

555

560

565

570

580

590

600

605

610

620

635

650

670

690

60

70

90

100

110

120

140

150

160

170

190

210

220

240

260

270

290

300

310

320

330

340

350

360

370

380

390

420

450

470

490

500

510

520

540

550

560

570

580

630

680

720

760

800

840

880

910

940

970

1,000

1,020

1,040

1,060

1,080

1,090

1,100

1,110

1,120

1,130

1,140

1,160

1,180

1,200

1,210

1,220

1,240

1,270

1,300

1,340

1,380

51

64

81

93

103

110

127

139

150

159

175

189

201

221

238

253

266

278

289

300

318

336

351

366

378

408

432

474

513

546

573

600

624

645

687

723

756

786

813

876

933

981

1,026

1,068

1,104

1,140

1,173

1,206

1,236

1,263

1,293

1,317

1,344

1,368

1,392

1,437

1,479

1,521

1,557

1,593

1,629

1,662

1,695

1,725

1,755

1,782

1,836

1,890

1,950

2,000

102

128

162

186

206

220

254

278

300

318

350

378

402

442

476

506

532

556

578

600

636

672

702

732

756

816

864

948

1,026

1,092

1,146

1,200

1,248

1,290

1,374

1,446

1,512

1,572

1,626

1,752

1,866

1,962

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

6

8

10

11

12

14

15

16

18

19

21

23

24

27

29

31

32

33

35

36

39

41

43

44

45

49

52

58

61

65

68

72

75

78

82

87

90

94

98

105

112

119

124

129

135

140

145

150

155

160

165

170

175

180

185

195

205

215

225

235

245

255

265

275

285

295

315

335

360

385

12

16

20

22

24

28

30

32

36

38

42

46

48

54

58

62

64

66

70

72

78

82

86

88

90

98

104

116

122

130

136

144

150

156

164

174

180

188

196

210

224

238

248

258

270

280

290

300

310

320

330

340

350

360

370

390

410

430

450

470

490

510

530

550

570

590

630

670

720

770
56

Notes to the Table of Distances for Storage of Explosives

(1) Terms found in the table of distances for storage of 

explosive materials are defined in §555.11.

(2) When two or more storage magazines are located on 

the same property, each magazine must comply with the 

minimum distances specified from inhabited buildings, railways, and highways, and, in addition, they should be separated 

from each other by not less than the distances shown for 

“Separation of Magazines,” except that the quantity of explosives contained in cap magazines shall govern in regard to the 

spacing of said cap magazines from magazines containing other 

explosives. If any two or more magazines are separated from 

each other by less than the specified “Separation of Magazines” 

distances, then such two or more magazines, as a group, must be 

considered as one magazine, and the total quantity of explosives 

stored in such group must be treated as if stored in a single 

magazine located on the site of any magazine of the group, and 

must comply with the minimum of distances specified from other 

magazines, inhabited buildings, railways, and highways.

(3) All types of blasting caps in strengths through No. 8 cap 

should be rated at 1 1⁄2 lbs. (1.5 lbs.) of explosives per 1,000 caps. 

For strengths higher than No. 8 cap, consult the manufacturer.

(4) For quantity and distance purposes, detonating cord of 

50 or 60 grains per foot should be calculated as equivalent to 9 

lbs. of high explosives per 1,000 feet. Heavier or lighter core 

loads should be rated proportionately.

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

45003, Aug. 24, 1998; T.D. ATF–446, 66 FR 16602, Mar. 27, 2001; T.D. ATF–

446a, 66 FR 19089, Apr. 13, 2001]

Pounds From Inhabited building 

distance (feet)

From public railroad and 

highway distance (feet)

From above ground 

Over Not over magazine (feet)

0

1,000

5,000

10,000

20,000

30,000

40,000

50,000

60,000

70,000

80,000

90,000

100,000

200,000

1,000

5,000

10,000

20,000

30,000

40,000

50,000

60,000

70,000

80,000

90,000

100,000

200,000

300,000

75

115

150

190

215

235

250

260

270

280

295

300

375

450

75

115

150

190

215

235

250

260

270

280

295

300

375

450

50

75

100

125

145

155

165

175

185

190

195

200

250

300

§555.219 Table of distances for storage of low explosives.

Table: Department of Defense Ammunition and Explosives Standards, Table 5–4.1 Extract; 4145.27 M, March 1969
57

§555.220 Table of separation distances of ammonium nitrate and blasting agents from explosives or 

blasting agents.

Table: National Fire Protection Association (NFPA) Official Standard No. 492, 1968

Notes of Table of Separation Distances of Ammonium Nitrate and Blasting Agents From Explosives or Blasting Agents

Donor weight (pounds) Minimum separation distance of acceptor from donor 

when barricaded (feet) Minimum thickness of artificial 

barricades (inches) Over Not over Ammonium nitrate Blasting agent

0

100

300

600

1,000

1,600

2,000

3,000

4,000

6,000

8,000

10,000

12,000

16,000

20,000

25,000

30,000

35,000

40,000

45,000

50,000

55,000

60,000

70,000

80,000

90,000

100,000

120,000

140,000

160,000

180,000

200,000

220,000

250,000

275,000

100

300

600

1,000

1,600

2,000

3,000

4,000

6,000

8,000

10,000

12,000

16,000

20,000

25,000

30,000

35,000

40,000

45,000

50,000

55,000

60,000

70,000

80,000

90,000

100,000

120,000

140,000

160,000

180,000

200,000

220,000

250,000

275,000

300,000

3

4

5

6

7

8

9

10

11

12

13

14

15

16

18

19

20

21

22

23

24

25

26

28

30

32

34

37

40

44

48

52

56

60

64

11

14

18

22

25

29

32

36

40

43

47

50

54

58

65

68

72

76

79

83

86

90

94

101

108

115

122

133

144

158

173

187

202

216

230

12

12

12

12

12

12

15

15

15

20

20

20

25

25

25

30

30

30

35

35

35

35

40

40

40

40

50

50

50

50

50

60

60

60

60

(1) This table specifies separation distances to prevent 

explosion of ammonium nitrate and ammonium nitrate-based 

blasting agents by propagation from nearby stores of high 

explosives or blasting agents referred to in the table as the 

“donor.” Ammonium nitrate, by itself, is not considered to be a 

donor when applying this table. Ammonium nitrate, ammonium 

nitrate-fuel oil or combinations thereof are acceptors. If stores of 

ammonium nitrate are located within the sympathetic detonation 

distance of explosives or blasting agents, one-half the mass of the 

ammonium nitrate is to be included in the mass of the donor.

(2) When the ammonium nitrate and/or blasting agent is 

not barricaded, the distances shown in the table must be multiplied by six. These distances allow for the possibility of high 

velocity metal fragments from mixers, hoppers, truck bodies, 

sheet metal structures, metal containers, and the like which may 

enclose the “donor.” Where explosives storage is in bulletresistant magazines or where the storage is protected by a bulletresistant wall, distances and barricade thicknesses in excess of 

those prescribed in the table in § 555.218 are not required.

(3) These distances apply to ammonium nitrate that passes 

the insensitivity test prescribed in the definition of ammonium 

nitrate fertilizer issued by the Fertilizer Institute. 1Ammonium 

nitrate failing to pass the test must be stored at separation 

distances in accordance with the table in §555.218. 1Definition and Test Procedures for Ammonium Nitrate Fertilizer, Fertilizer 

Institute 425 Third Street, SW, Suite 950, Washington, D.C. 20024.

(4) These distances apply to blasting agents which pass the 

insensitivity test prescribed in regulations of the U.S. Department 

of Transportation (49 CFR part 173).

(5) Earth or sand dikes, or enclosures filled with the 

prescribed minimum thickness of earth or sand are acceptable 

artificial barricades. Natural barricades, such as hills or timber of 
58

1Net weight is the weight of all pyrotechnic compositions, and explosive 

materials and fuse only.

2The distances in this column apply only with natural or artificial barricades. 

If such barricades are not used, the distances must be doubled.

3While consumer fireworks or articles pyrotechnic in a finished state are not 

subject to regulation, explosive materials used to manufacture or assemble such 

fireworks or articles are subject to regulation. Thus, fireworks process buildings 

where consumer fireworks or articles pyrotechnic are being processed shall meet 

these requirements.

sufficient density that the surrounding exposures which require 

protection cannot be seen from the “donor” when the trees are 

bare of leaves, are also acceptable.

(6) For determining the distances to be maintained from 

inhabited buildings, passenger railways, and public highways, use 

the table in §555.218.

§555.221 Requirements for display fireworks, 

pyrotechnic compositions, and explosive 

materials used in assembling fireworks or articles 

pyrotechnic.

(a) Display fireworks, pyrotechnic compositions, and explosive 

materials used to assemble fireworks and articles pyrotechnic 

shall be stored at all times as required by this Subpart unless they 

are in the process of manufacture, assembly, packaging, or are 

being transported.

(b) No more than 500 pounds (227 kg) of pyrotechnic compositions or explosive materials are permitted at one time in any 

fireworks mixing building, any building or area in which the 

pyrotechnic compositions or explosive materials are pressed or 

otherwise prepared for finishing or assembly, or any finishing or 

assembly building. All pyrotechnic compositions or explosive 

materials not in immediate use will be stored in covered, nonferrous containers.

(c) The maximum quantity of flash powder permitted in any 

fireworks process building is 10 pounds (4.5 kg).

(d) All dry explosive powders and mixtures, partially assembled 

display fireworks, and finished display fireworks shall be 

removed from fireworks process buildings at the conclusion of a 

day's operations and placed in approved magazines.

[T.D. ATF–293, 55 FR 3722, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR 

45004, Aug. 24, 1998]

§555.222 Table of distances between fireworks 

process buildings and between fireworks process 

and fireworks nonprocess buildings.

Net weight of fireworks1

(pounds)

Display fireworks1

(feet)

Consumer fireworks2 

(feet)

0-100

101-200

201-300

301-400

401-500

Above 500

200

200

200

200

200

Not permitted

25

50

50

50

50

Not permitted

Net weight of fireworks1

(pounds)

Display fireworks2

(feet)

Consumer fireworks3

(feet)

0-100

101-200

201-300

301-400

401-500

Above 500

57

69

77

85

91

Not permitted4 5

37

37

37

37

37

Not permitted4 5

Net weight 

of fireworks1

(pounds)

Distance between magazine 

and inhabited building, 

passenger railway, or public 

highway3 4 (feet)

Distance 

between 

magazines2 3

(feet)

0-1000

1,001-5,000

5,001-10,000

Above 10,000

150

230

300

Use Table §555.218

100

150

200

4

A maximum of 500 pounds of in-process pyrotechnic compositions, either 

loose or in partially-assembled fireworks, is permitted in any fireworks process 

building. Finished display fireworks may not be stored in a fireworks process 

building.

5

A maximum of 10 pounds of flash powder, either in loose form or in 

assembled units, is permitted in any fireworks process building. Quantities in 

excess of 10 pounds must be kept in an approved magazine.

[T.D. ATF–293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR 

45004, Aug. 24, 1998]

§555.223 Table of distances between fireworks 

process buildings and other specified areas.

Distance from Passenger Railways, Public Highways, Fireworks Plant 

Buildings used to Store Consumer Fireworks and Articles Pyrotechnic, 

Magazines and Fireworks Shipping Buildings, and Inhabited Buildings.3,4,5

1Net weight is the weight of all pyrotechnic compositions, and explosive 

materials and fuse only.

2While consumer fireworks or articles pyrotechnic in a finished state are not 

subject to regulation, explosive materials used to manufacture or assemble such 

fireworks or articles are subject to regulation. Thus, fireworks process buildings 

where consumer fireworks or articles pyrotechnic are being processed shall meet 

these requirements.

3This table does not apply to the separation distances between fireworks process 

buildings (see § 555.222) and between magazines (see §§555.218 and 555.224). 4The distances in this table apply with or without artificial or natural barricades 

or screen barricades. However, the use of barricades is highly recommended. 5No work of any kind, except to place or move items other than explosive 

materials from storage, shall be conducted in any building designated as a 

warehouse. A fireworks plant warehouse is not subject to §555.222 or this section, 

tables of distances.

[T.D ATF–293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR 

45004, Aug. 24, 1998]

§555.224 Table of distances for the storage of 

display fireworks (except bulk salutes).

1Net weight is the weight of all pyrotechnic compositions, and explosive 

materials and fuse only.

2For the purposes of applying this table, the term “magazine” also includes 

fireworks shipping buildings for display fireworks.

3For fireworks storage magazines in use prior to (30 days from the date of 

publication of the final rule in the Federal Register), the distances in this table 

may be halved if properly barricaded between the magazine and potential 

receptor sites.

4This table does not apply to the storage of bulk salutes. Use table at § 555.218.

[T.D. ATF–293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR 

45004, Aug. 24, 1998]
59

Introduction

The following list of Questions and Answers are 

intended to aid you in gaining a better understanding 

of:

18 U.S.C. Chapter 40—Importation, 

Manufacture, Distribution and Storage of 

Explosive Materials and the implementing 

regulations issued within: 

27 CFR Part 555—Commerce in Explosives

This listing is not all-inclusive. However it contains 

some of the most frequently asked questions that ATF 

receives. These questions and answers are intended 

only as a general overview. To determine how the law 

and regulations apply to your specific circumstances, 

you must refer directly to the applicable law and 

regulation or contact your local ATF Office of 

Industry Operations. Also, please be aware that both 

the law and regulations are subject to change. Please 

contact your local ATF office for the most up-to-date 

information. You can also find the latest Federal 

explosives regulations on the ATF website: 

www.atf.gov/.

Unless otherwise stated, these Questions and Answers 

apply only to Federal law and regulations. States and 

local jurisdictions have, in many cases, enacted their 

own requirements relating to explosives. Check with 

appropriate State or local authorities for information 

on those requirements. Compliance with Federal law 

and regulations does not exempt any person from 

compliance with any State or local requirements. 

A Table of Contents and a Subject Index have been 

included for your convenience. The Index is located at 

the end of the Questions and Answers section.

Table of Contents

General Questions 1–27

Licenses and Permits 28–61

Record keeping requirements 62–71

Storage requirements 72–87

Fireworks 88–95

Plastic Explosives 96–103

U.S. Military Explosives 104–106

Questions and Answers (Revised 1/07)

18 U.S.C. Chapter 40 and 27 CFR Part 555
60

General Questions

1. Who is affected by the Federal explosives 

law?

The law affects all persons who import, manufacture, deal in, 

purchase, use, store, or possess explosive materials. It also affects 

those who ship, transport or cause to be transported, or receive 

explosive materials. Also, see 18 U.S.C. 845 and 27 CFR 555.141 

for exemptions.

2. What changes were brought about by the 

Safe Explosives Act? 

Among other things, the Act mandated that all persons who 

wish to receive or transport explosive materials must first obtain a 

Federal explosives license or permit. In addition, the act imposed 

new restrictions on who may lawfully receive and possess 

explosive materials (See question 4). All Federal explosive 

licensees and permittees and their responsible persons and 

employees authorized to possess explosives are affected by the 

new requirements and background checks mandated by the Act.

3. Can I obtain general information from ATF 

on the Internet?

Yes. ATF maintains a website on the Internet at www.atf.gov/.

4. Does the law make some classes of persons ineligible to receive a Federal license to 

import, manufacture, or deal in explosive materials or to receive a Federal explosives permit?

Yes. A license or permit will not be issued to any person who:

(a) Is under indictment for, or who has been convicted in any 

court, of a crime punishable by imprisonment for a term exceeding one year;

(b) Is a fugitive from justice;

(c) Is an unlawful user of or addicted to any controlled substance 

(as defined in section 102 of the Controlled Substances Act 

(21 U.S.C. 802)); 

(d) Has been adjudicated a mental defective or who has been 

committed to a mental institution;

(e) Is an alien (with certain exceptions);

(f) Has been discharged from the armed forces under dishonorable conditions; or,

(g) Having been a citizen of the United States, has renounced his 

citizenship. [18 U.S.C. 842(i), 843(b)(1); 27 CFR 555.49(b)(2)(i)]

5. Are there classes of persons to whom the 

distribution of explosive materials by licensees is 

prohibited?

Yes. No person shall knowingly distribute explosive materials 

to any individual listed in Question 4, or to an individual who is 

under 21 years of age. [18 U.S.C. 842(d); 27 CFR 555.26(d)]

6. What other distributions of explosive materials by licensees and permittees are prohibited?

A licensee or permittee shall not knowingly distribute any 

explosive materials to any person who:

(a) Is not a licensee [18 U.S.C. 842(b), 27 CFR 555.105, 

555.106];

(b) Is not a holder of a user permit [18 U.S.C. 842(b); 27 CFR 

555.105, 555.106];

(c) Is not a holder of a limited permit who resides in the same 

State where distribution is made and in which premises of the 

transferor are located. [18 U.S.C. 842(b); 27 CFR 555.105, 

555.106]; 

(d) The licensee has reason to believe intends to transport such 

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. [18 U.S.C. 

842(c); 27 CFR 555.106]

(e) Is in any State where the purchase, possession, or use by 

such person of such explosive materials would be in violation of 

any State law or any published ordinance applicable at the place 

of distribution. [18 U.S.C. 842(e); 27 CFR 555.106(b)(2)]

7. Does Federal law prohibit certain persons 

from receiving or possessing explosive materials? 

Yes. The law prohibits the receipt or possession of explosive 

materials by any person listed in question 4. [18 U.S.C. 842(i); 27 

CFR 555.26, 555.49(b)] 

8. May a licensed manufacturer, importer, or 

dealer distribute explosive materials to nonlicensees and nonpermittees?

No. Every person who receives explosive materials must first 

obtain a Federal explosives license or permit. Distribution of 

explosive materials to persons who do not hold a license or 

permit is unlawful. Also, see 18 U.S.C. 845 and 27 CFR 555.141 

for exemptions. [18 U.S.C. 842(a), 842(b); 27 CFR 555.26(a), 

555.106]

9. Does Federal law provide penalties for 

purchasers who give false information at the time 

of purchasing explosive materials?

Yes. The penalty for knowingly providing false information or 

misrepresented identification is a maximum 10 years’ imprisonment and/or a fine not exceeding $250,000. [18 U.S.C. 842(a)(2), 

844(a)]
61

10. Is the theft of explosive materials, as well 

as the possession of stolen explosive materials, a 

Federal crime?

Yes. It is a Federal crime for any person to steal any explosive 

materials. It is also a Federal crime for any person to receive, 

possess, transport, ship, conceal, store, barter, sell, dispose of, or 

pledge or accept as security for a loan any stolen explosive 

materials. [18 U.S.C. 842(h), 844(k), (l)]

11. Are thefts and losses of explosive materials required to be reported to ATF?

Yes. Any licensee or permittee who has knowledge of the theft 

or loss of any explosive materials from his or her stock shall, 

within 24 hours of discovery, report the theft or loss by telephoning 800-461-8841 (Monday–Friday 8:00 a.m.–5:00 p.m. Eastern 

Time) or 888-283-2662 (after hours and weekends) (nationwide 

toll free number) and on ATF Form 5400.5, “Report of Theft or 

Loss—Explosive Materials”, in accordance with the instructions 

on the form. The theft or loss shall also be reported to appropriate 

local authorities. The same requirements are imposed upon 

persons other than licensees and permittees, except that nonlicensees and nonpermittees, other than carriers, need not report a 

theft or loss on Form 5400.5, but must report the theft or loss by 

telephone, using the same numbers: 800-461-8841 (Monday–

Friday 8:00 a.m.–5:00 p.m. Eastern Time) or 888-283-2662 (after 

hours and weekends) and in writing to the nearest ATF office. 

The theft or loss shall also be reported to appropriate local 

authorities. Carriers of explosive materials must report a theft or 

loss by telephone but need not make the report on the ATF form 

or in writing. See 27 CFR 555.30 for the specific information 

required to be reported in connection with a theft or loss. 

[18 U.S.C. 842(k), 18 U.S.C. 844(p); 27 CFR 555.30]

12. My company holds a Federal explosives 

license and after conducting an inventory of our 

explosives on hand, we noticed one case of 

dynamite missing. After double-checking all Daily 

Summaries of Magazine Transactions, invoices, 

and delivery sheets, we still cannot reconcile the 

discrepancy. What are we required to do? 

This should be considered a theft or loss of explosive materials. 

As stated in the answer to Question 11, you must report the theft 

or loss of explosive materials, within 24 hours of discovery, to 

ATF by telephone (toll free: 800-461-8841 (Monday–Friday 8:00 

a.m.–5:00 p.m. Eastern Time) or 888-283-2662 (after hours and 

weekends). ATF Form 5400.5, “Report of Theft or Loss—

Explosive Materials”, must then be completed and forwarded in 

accordance with the instructions on the form. [18 U.S.C. 842(k); 

27 CFR 555.30]

13. May ATF conduct warrantless inspections 

of licensees’ and permittees’ records of explosives 

materials, stocks of such materials, and magazines?

Except for limited permit holders, any ATF officer may, 

without a warrant, enter during business hours the premises, 

including places of storage, of any licensee or permittee for the 

purpose of inspecting or examining any records or documents 

required to be kept by the law and regulations and any explosive 

materials kept or stored at the premises. For inspection purposes, 

“business hours” includes hours during which business is actually 

conducted, not just those hours stated on license applications. Any 

licensee or permittee who refuses to permit the inspection or 

examination is subject to having his or her license or permit 

revoked, as well as to denial of an application to renew the license 

or permit. For limited permit holders, an ATF officer may inspect 

the places of storage for explosive materials of either an applicant 

for a limited permit or at the time of renewal of such permit, but 

in no event shall such inspection occur more than once every 

three years. [18 U.S.C. 843(b)(4), 18 U.S.C. 843(f)]

14. Will ATF investigate accidents involving 

explosive materials?

ATF is authorized to inspect the site of any accident or fire 

where there is reason to believe that explosive materials were 

involved. Other Federal agencies, or State or local agencies, may 

also investigate such incidents, depending on the circumstances. 

[18 U.S.C. 846(a); 27 CFR 555.31]

15. Is black powder subject to regulation under 

Federal explosives laws?

Black powder is an explosive material for purposes of Federal 

explosives laws and regulations. However, the law exempts from 

regulation commercially manufactured black powder in quantities 

not exceeding 50 pounds (as well as percussion caps, safety and 

pyrotechnic fuses, quills, quick and slow matches, and friction 

primers) 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 exempted from the term 

“destructive device” in 18 U.S.C. 921(a)(4). However, persons 

engaged in the business of importing, manufacturing, or dealing 

in black powder in any quantity must have a Federal explosives 

license. [18 U.S.C. 841(c), 841(d), 845(a)(5); 27 CFR 555.11: 

definitions of “explosives” and “explosive materials”, 555.141(b)] 

16. Is small arms ammunition subject to regulation under Federal explosives laws?

No. The law specifically exempts small arms ammunition and 

components thereof. (See also Question 81.) [18 U.S.C. 

845(a)(4)] 
62

17. Are binary explosives subject to regulation 

under Federal explosives laws?

Until the compounds are mixed, they are not classified as 

explosives and, therefore, are not subject to control. However, 

once mixed, binary explosives are “explosive materials” and are 

subject to all applicable Federal requirements. A person who 

mixes or combines compounds of binary explosives for the 

purpose of sale or distribution or for the person’s own business 

use is a “manufacturer” of explosive materials and must be 

licensed as a manufacturer under the law. [18 U.S.C. 841(h); 27 

CFR 555.11: definition of “manufacturer”]

18. Does ATF have any regulations governing 

the actual transportation of explosive materials?

Federal explosives laws and regulations generally prohibit any 

person from transporting explosive materials interstate or 

intrastate unless the person has a Federal explosives license or 

permit. Also, the transportation of stolen explosives materials is a 

Federal crime (see also Question 10). However, the law exempts 

from regulation under 18 U.S.C. Chapter 40 and 27 CFR Part 555 

aspects of the transportation of explosive materials via railroad, 

water, highway, or air which are regulated by the United States 

Department of Transportation, and the Department of Homeland 

Security, and agencies thereof and which pertain to safety and 

security. [18 U.S.C. 842(a)(3), 842(h), 845(a)(1); 27 CFR 555.26, 

555.28, 555.141(a)(1)] 

19. Are common or contract carriers required 

to obtain a Federal explosives license or permit to 

transport explosive materials?

No. The actual transportation of explosive materials by carriers 

is subject to Department of Transportation or Department of 

Homeland Security regulations. [18 U.S.C. 845(a)(1); 27 CFR 

555.141(a)(1)]

20. What is the “Explosives List”?

The Explosives List is a comprehensive (but not all-inclusive) 

listing of explosive materials which have been determined to be 

within the coverage of Chapter 40. The list is published annually 

by ATF (the most recent list can be found under the Arson & 

Explosives Publications link on the ATF website). [18 U.S.C. 

841(d); 27 CFR 555.23]

21. May a person under the age of 21 be lawfully employed by an explosives business and 

lawfully receive, possess, and use explosive 

materials on behalf of the business?

Yes. Federal explosives law prohibits any person from distributing explosive materials to persons under 21 years of age. 

However, it does not prohibit the delivery to or possession of 

explosive materials by persons under the age of 21 who are 

receiving or using the materials on behalf of their employers to 

whom the materials were lawfully sold. [18 U.S.C. 842(d), (i); 27 

CFR 555.11 (definition of “distribute”), 555.26, 555.106(b)(1)]

22. ATF regulations require explosive materials 

to be stored at certain minimum distances from a 

“public highway”. What is a “public highway” for 

purposes of the regulations? 

The term “highway” is defined in 27 CFR 555.11 as “any 

public street, public alley, or public road, including a privately 

financed, constructed, or maintained road that is regularly and 

openly traveled by the general public.” Privately financed, 

constructed, or maintained roads that are marked and barricaded 

in a manner that prevents access by the general public do not fall 

within the meaning of the term and would, therefore, be exempt 

from table of distance requirements. [27 CFR 555.11: definition 

of “highway”] (See also ATF Ruling 2005–2)

23. Is an airport runway or taxiway considered 

a public highway for purposes of the Table of 

Distances for storage of explosive materials?

No. However, airport terminals are considered inhabited 

buildings for Table of Distance requirements.

24. How is shock tube regulated by ATF?

Shock tube contains highly explosive material. However, it may 

be stored as a low explosive when not attached to a detonator. [27 

CFR 555.202(b), 555.213]

25. What is an EX number? 

An EX number is a number, preceded by the prefix “EX–”, 

which is issued and used by the Department of Transportation 

(DOT) to identify an explosive which has been tested and 

classified by DOT. See U.S. Department of Transportation 

regulations at 49 CFR 171.8 and 49 CFR 173.56. 

26. What is a UN number?

A UN (United Nations) number is used by DOT as a method of 

identification and classification of products for shipping 

purposes. UN numbers are different from the hazard class or 

division designations used by DOT (for example, 1.1, 1.2, 1.3, 

1.4, and 1.5). ATF regulations in 27 CFR Part 555 also use UN 

numbers to help identify certain explosives. [27 CFR 555.11]

27. Can Federal explosives disabilities resulting from a conviction of a crime punishable by 

imprisonment for a term exceeding one year be 

removed if the conviction is expunged or set aside 

or the convicted person has received a pardon for 

the offense or has had his or her civil rights 

restored?

A person convicted of, or under indictment for, a “crime 

punishable by imprisonment for a term exceeding one year” may 

not lawfully receive or possess explosive materials or be issued a 

Federal explosives license or permit. The term “crime punishable 

by imprisonment for a term exceeding one year” does not include 

offenses pertaining to antitrust violations, unfair trade practices, 

restraints of trade, or any State offense (other than one involving 
63

a firearm or explosive) classified as a misdemeanor and punishable by imprisonment for 2 years or less. There are only 3 means 

by which Federal explosives disabilities resulting from a conviction of, or indictment for, a “crime punishable by imprisonment 

for a term exceeding one year” can be removed:

(a) A decision of a court invalidating a conviction on the basis 

that the conviction was unconstitutional;

(b) In the case of a Federal conviction, a presidential pardon; and

(c) The granting of relief from Federal explosives disabilities by 

ATF pursuant to the filing of a relief application with the Director. 

Information on how to apply for relief and contact information for 

the Relief of Disabilities Section is available on the ATF website. 

[18 U.S.C. 841(l), 842(d),(i), 845(b); 27 CFR 555.11: definition 

of “crime punishable by imprisonment for a term exceeding one 

year”, 555.26(c), 555.142]

Licenses and Permits

28. Who needs a Federal explosives license or 

permit?

All persons who wish to transport, ship, cause to be transported, 

or receive explosive materials must first obtain a Federal explosives license or permit. Certain exemptions apply. [18 U.S.C. 

842(b); 18 U.S.C. 845; 27 CFR 555.26(a), 27 CFR 555.141]

29. Who is eligible for a Federal explosives 

license or permit? 

The Chief, Federal Explosives Licensing Center, will approve a 

properly completed application for a license or permit on ATF 

Form 5400.13/5400.16 if the applicant:

(a) Is not a person prohibited from possessing or receiving 

explosive materials under 18 U.S.C. 842(i) and none of the 

applicant’s “responsible persons” are prohibited under section 

842(1); (see also Question 4 in General Q&A);

(b) Has not willfully violated any provision of Chapter 40 or the 

regulations in 27 CFR Part 555;

(c) Has not knowingly withheld information or has not made any 

false or fictitious statement intended or likely to deceive, in 

connection with the application,

(d) Has premises in a State from which he intends to conduct 

business or operations;

(e) Has storage for the class (as described in 27 CFR 555.202) 

of explosive materials described on the application; 

(f) Has certified in writing that he is familiar with and understands all published State laws and local ordinances relating to 

explosive materials for the location in which he intends to do 

business;

(g) Has submitted the certificate required by section 21 of the 

Federal Water Pollution Control Act, as amended (33 U.S.C. 

1341) [18 U.S.C. 843(b); 27 CFR 555.49(b)];

(h) None of the applicant’s employees authorized to possess 

explosives are prohibited persons under 18 U.S.C. 842(i); and

(i) In the case of an applicant for a limited permit, the applicant 

has certified that the applicant will not receive explosive materials on more than 6 occasions during the 12-month period for 

which the limited permit is valid.

30. What activities are covered by licenses and 

permits?

Licenses allow persons to engage in the business of importing, 

manufacturing, or dealing in explosive materials. Any individual 

or business entity intending to engage in any of these activities 

must first obtain a license. A user permit allows the receipt and 

transportation of explosive materials. A limited permit allows the 

receipt of explosive materials from a licensee or permittee within 

the permittee’s state of residence only, and on no more than six 

occasions in the 12-month period during which the limited permit 

is valid. A limited permit does not authorize the receipt or 

transportation of explosive materials in interstate or foreign 

commerce. [27 CFR 555.11: definitions of “importer”, “manufacturer”, “dealer”, “limited permit”, and “user permit”, 555.41] 

A separate license is needed for each business premises where an 

explosives business or activity is conducted. Only a single user 

permit is needed by a permittee who uses explosives in more than 

one location. [27 CFR 555.41]

31. What is a Limited Permit?

A limited permit is for persons who wish to transport, ship, 

cause to be transported, or receive explosive materials in intrastate commerce only. This permit is designed for the infrequent 

receipt of explosive materials by intrastate users. The limited 

permit will allow a purchaser to receive explosive materials on no 

more than six separate occasions from in-state licensees or 

permittees during the 12-month period of the permit. The limited 

permit does not allow the holder to transport, ship, cause to be 

transported, or receive explosive materials in interstate 

commerce. 

32. What is the duration of a license or permit? 

(a) A user license or permit is valid for a period of 3 years. 

(b) The user-limited permit is valid only for a single purchase 

transaction. 

(c) Limited permits are valid for no more than six separate 

receipts of explosive materials during a 12-month period. 

[27 CFR 555.51]

33. What are the fees for licenses and permits? 

Each license applicant must pay a fee of $200 for obtaining a 

3-year license, a separate license and fee being required for each 

business premises. The fee for renewal of a license is $100 for a 

3-year license. [27 CFR 555.42]
64

Each applicant for a user permit must pay a fee of $100 for a 3-

year permit, and each applicant for a user-limited permit (nonrenewable) must pay a fee of $75. The fee for renewal of a user 

permit is $50 for a 3-year permit. [27 CFR 555.43] Each applicant for a limited permit must pay a fee of $25 for a 1-year 

limited permit. The fee for renewal of a limited permit is $12 for a 

1-year limited permit. [27 CFR 555.43] 

34. Will the Government investigate an application for a license or permit?

ATF will investigate any applicant before issuing a license or 

permit. Additionally, ATF must inspect places of storage and 

conduct background checks on responsible persons and employee 

possessors authorized to possess explosives [18 U.S.C. 843(b); 18 

U.S.C. 843(h); 27 CFR 555.33, 27 CFR 555.49(b)]

35. What may a licensed explosives dealer do?

A licensed dealer may engage in the business of distributing 

explosive materials at wholesale or retail [27 CFR 555.11: 

definition of “dealer”]

36. What may a licensed explosives importer 

do?

A licensed importer may engage in the business of importing or 

bringing explosive materials into the United States for purposes 

of sale or distribution. It is not necessary for a licensed importer 

to also obtain a dealer’s license to engage in business on his or her 

licensed premises as a dealer in explosive materials (see also 

Question 52 and 53) [27 CFR 555.11: definition of “importer”, 

27 CFR 555.41(b)(2)]

37. When is a manufacturer’s license required? 

A manufacturer’s license is required by persons engaged in the 

business of manufacturing explosive materials for sale, distribution, or for their own business use. For example, persons engaged 

in the business of providing a blasting service using explosives of 

their own manufacture would be required to have a manufacturer’s 

license. Persons who manufacture explosives for their personal, 

non-business use are not required to have a manufacturer’s 

license. However, no person may ship, transport, cause to be 

transported, or receive explosive materials unless such person 

holds a license or permit. [27 CFR 555.11: definition of “manufacturer”, 555.41(b)] A separate manufacturer’s license is not 

required by a licensed manufacturer for the purpose of on-site 

manufacture, for example, mixing binary explosives or making 

blasting agents at a quarry or other job site. It is not necessary for 

a licensed manufacturer to also obtain a dealer’s license to engage 

in business on his or her licensed premises as a dealer in explosive materials (see also Question 52 and 53) [27 CFR 555.11: 

definition of “manufacturer”, 555.41(b)(2)]

38. How do I apply for a Federal explosives 

license or permit?

You can request an application for a Federal explosives license 

or permit from the Federal Explosives Licensing Center at 877-

283-3352 or from the ATF Distribution Center at 202-648-6420. 

As part of the application process, you must complete and submit 

an ATF Form 5400.13/5400.16, Application for Explosives 

License or Permit. You must also submit the names, identifying 

information, fingerprints, and photographs of all responsible 

persons. In addition, you must submit the names and identifying 

information of all employees who are authorized to possess 

explosive materials in the course of their employment on ATF 

Form 5400.28, Employee Possessor Questionnaire. [27 CFR 

555.45(c)]

39. Who is a “responsible person”?

Federal explosives laws define a “responsible person” as an 

individual who has the power to direct the management and 

policies of the applicant pertaining to explosive materials. 

Responsible persons generally include sole proprietors and 

explosives facility site managers. In the case of a corporation, 

association, or similar organization, responsible persons generally 

include only those corporate directors/officers, and stockholders, 

who have the power to direct management and policies as they 

pertain to explosive materials.

For example, a corporate vice president whose duties include 

acquiring and approving contracts with explosives distributors 

would be considered a responsible person. Other corporate 

officials whose duties do not include the power to direct the 

management and policies of the applicant pertaining to explosive 

materials, for example, a vice president responsible solely for 

human resources, would not typically be considered a responsible 

person. Each applicant for a license or permit must assess the 

corporate and other management responsibilities for all key 

personnel and determine whether or not these duties place the 

individual in the position of being a responsible person. [18 U.S.C. 

841(s), 27 CFR 555.11: definition of “responsible person”]

40. Who is a “possessor of explosives”?

A possessor of explosives is any employee of a license or permit 

holder or any employee of an applicant for a license or permit who 

has or will have actual physical possession of explosive materials 

or who has or will have constructive possession of explosive 

materials. For example, persons who physically handle explosive 

materials would be considered to be actual possessors of explosive 

materials. This would include employees who directly handle 

explosive materials as part of the production process; employees 

who handle explosive materials in order to ship, transport, or sell 

them; and employees, such as blasters and their helpers who 
65

actually use explosive materials. A constructive possessor is any 

person who has access to explosive materials, without physically 

handling them. For example, a supervisor at a construction site 

who keeps keys for storage magazines in which explosives are 

stored or who directs the use of explosive materials by other 

employees has constructive possession of explosives. 

41. Why is it necessary to provide new and 

additional information on responsible persons 

and employee possessors of explosives?

The law requires this information for ATF to conduct background checks on all responsible persons and employee possessors to restrict the availability of explosives to authorized persons 

only and to reduce the risk of prohibited persons acquiring 

explosive materials. [18 U.S.C. 843(h); 27 CFR 555.33, 

555.45(c)]

42. When will I need to submit the identifying 

information for my responsible persons and 

employee possessors of explosives?

(a) All license and permit applicants and any renewal applicants 

must submit identifying information for responsible persons and 

employee possessors (and fingerprints and photographs for 

responsible persons) upon submission of an original or renewal 

application. 

(b) Any new responsible person added after a license or permit 

has been issued by ATF must be reported to ATF within 30 days. 

However, the submission of fingerprints and photographs by the 

new responsible person is required only at the time of any 

subsequent renewal.

(c) For all licenses and permits (new and renewal), any new 

employee possessors must be reported to ATF within 30 days of 

hire on the Employee Possessor Questionnaire form (ATF F 

5400.28). [27 CFR 555.45(c), 27 CFR 555.57(b)] 

43. How do I get my fingerprints taken?

Fingerprints must be submitted on Fingerprint Identification 

Cards, FD–258 that have been issued by ATF. The fingerprint 

cards must contain the following ORI information: WVATF0900; 

ATF–NATL EXPL LIC, MARTINSBURG WV. These fingerprint 

cards may be obtained by contacting the Federal Explosives 

Licensing Center at 877-283-3352 or the ATF Distribution Center 

at 202-648-6420. The fingerprint cards must be completed by 

your local law enforcement authority.

44. Will ATF notify me whether or not my 

responsible persons and employee possessors 

have passed their background checks?

Yes. A “Notification of Clearance” will be issued directly to all 

license or permit holders advising whether their responsible 

persons and employee possessors have been cleared to possess 

explosive materials, or are or may be prohibited from possessing 

explosives. These notices must be retained as part of the license or 

permit holders permanent records. In addition, letters of clearance 

or denial will be issued directly to responsible persons and 

employee possessors. [27 CFR 555.33]

45. What notification will I receive if one of my 

responsible persons or employee possessors 

does not pass their ATF background check?

If an individual does not pass the background check, a letter 

will be sent to the licensee or permittee who submitted the 

individual’s name indicating that the individual was denied. A 

letter will also be sent to that individual explaining the prohibition 

and outlining appeal and relief procedures, as may be applicable. 

Unless and until an appeal overturns the denial or relief from 

disabilities is granted, that individual may not lawfully possess 

explosives. [27 CFR 555.33]

46. Who will conduct the background checks 

on applicants, responsible persons, and possessors?

ATF will perform the background checks. If employers wish to 

require their own background checks as a condition of employment, they may do so. However, such a background check will not 

be accepted in place of the ATF background check. [27 CFR 

555.33]

47. May I sell black powder without a license?

No. Anyone who engages in the business of selling black 

powder, regardless of quantity, must be licensed as an explosives 

dealer. [27 CFR 555.41(b)]

48. Is a manufacturer’s license required to 

acquire and mix binary explosives? 

If the individual purchasing the binary explosives is engaged in 

the business of manufacturing explosives, i.e., mixes and uses 

them in the operation of a commercial business (for example, 

operating a quarry, or providing the service of removing stumps 

or boulders from a farm field), then a manufacturer’s license is 

required. 

An individual farmer who merely wishes to mix the binary 

explosives to remove obstacles from his field and provides no 

other outside service would not need a manufacturer’s license.

Please note, however: A Federal explosives license or permit 

would be required to obtain any explosive device, such as detonators, used to initiate the mixed binary explosives. In addition, 

transportation of any explosive material, including mixed binary 

explosives, without a Federal license or permit is prohibited. [27 

CFR 555.11: Definition of “manufacturer”; 27 CFR 555.26, 

555.41(b)]

49. What is theatrical flash powder and is there 

a license for its manufacture?

Theatrical flash powder is flash powder commercially manufactured in premeasured kits not exceeding 1 ounce in weight, and 

mixed immediately prior to use and intended for use in events 
66

such as theatrical shows, stage plays, band concerts, magic acts, 

thrill shows, and clown acts in circuses. A manufacturer’s license 

allows on-site manufacturers to operate nationally on one license 

issued to their principal place of business. [27 CFR 555.11: 

definitions of “flash powder” and “theatrical flash powder”, 

555.41(b)]

50. Is a separate license required for each 

location where business is conducted? 

Yes. A separate license is required for each location where 

business is conducted. However, a separate license is not required 

for:

(a) Facilities used only for the storage of explosive materials;

(b) Locations used solely for the storage of records relating to 

the business; and

(c) Licensed manufacturers’ on-site manufacturing. [27 CFR 

555.41(b)]

51. Must a person who engages in the business 

of both manufacturing and importing at the same 

location have both licenses?

Yes. The licenses for manufacturing and importing allow a 

person to engage in separate and distinct activities and a separate 

license is required for each activity. However, a manufacturer or 

an importer does not need a separate dealer’s license to also 

distribute explosive materials from the licensed premises. [27 

CFR 555.41(b)]

52. Does a licensed manufacturer, importer, or 

dealer need a permit to use explosive materials?

No. No licensee will be required to obtain a user permit to 

lawfully transport, ship, or receive explosive materials in interstate or foreign commerce. [27 CFR 555.41(b)(2)]

53. Does a Federal license or permit exempt 

the holder from State or local requirements?

No. A license or permit confers no right or privilege to conduct 

business or operations, including storage, contrary to State or 

other law. All legal requirements must be followed, whether 

Federal, State, or local. [18 U.S.C. 848; 27 CFR 555.62]

54. Who is authorized to import explosive 

materials?

Any licensed importer is authorized to engage in the business 

of importing explosive materials for sale, distribution, or their 

own use. Any licensed manufacturer, dealer, or holder of a user 

permit may import explosive materials for their own use only. 

Licensees and user permittees importing explosive materials must 

provide to the U.S. Customs and Border Protection (CBP) a copy 

of the license or permit. Note, however, that in the case of certain 

military explosives or propellant powder or other components of 

small arms ammunition, Federal firearms regulations require the 

importer to provide an approved ATF Form 6 to the CBP. [27 CFR 

555.41(b)(2), 555.41(b)(3), 447.21, 555.108(a), 555.183, 

478.113]

55. How may an employee of an explosives 

licensee or permittee qualify to accept delivery of 

explosive materials for the employer?

The employee must be on the current list of representatives or 

agents authorized to accept delivery of explosive materials on 

behalf of the employer and be an authorized employee possessor 

of explosives. [27 CFR 555.103(b), 555.105(b)]

56. When an explosives licensee or permittee 

sends one of their truck drivers to the distributor’s 

premises to pick up explosive materials that have 

been purchased by the licensee or permittee, will 

the driver be required to sign any forms?

No, however the driver is required to furnish the seller with an 

identification document as defined in 27 CFR Part 555.11. [27 

CFR 555.103(b), 555.105(b)]

57. Will a licensee or permittee be notified in 

advance when the license or user permit needs to 

be renewed?

Generally, prior to expiration of the license or permit, a licensee 

or permittee will be notified. The application form must be 

completed and filed with ATF before expiration of the current 

license or permit for the renewal to be considered timely. 

However, if a licensee or permittee does not receive a renewal 

notification, it is still that licensee’s or permittee’s responsibility 

to ensure that an application is filed prior to expiration of the 

current license or permit. [27 CFR 555.46]

58. I have timely filed my application for renewal of my license (or user’s permit) but I have not 

received my new license (or permit). May I continue in business even though the expiration date 

shown on my license or permit has passed? If so, 

for how long?

Yes. You may continue to operate the business pursuant to your 

current license or permit until the application for renewal is acted 

upon. [5 U.S.C. 558]

59. Can a license or permit be revoked?

Yes. The Director, Industry Operations for the ATF Field 

Division in which a licensee or permittee is located may revoke a 

license or permit if the holder has violated any provision of 18 

U.S.C. Chapter 40 or its implementing regulations or has become 

ineligible to receive explosive materials under 18 U.S.C. 842(i). 

[18 U.S.C. 843(d); 27 CFR 555.71, 555.74] 
67

60. If a Federal explosives licensee or permittee is indicted for or convicted of a “crime punishable by imprisonment for a term exceeding one 

year”, may he or she continue operations under 

the license or permit?

As stated in the answer to Question 4 in General Q&A, a 

person under indictment for, or convicted of, a crime punishable 

by imprisonment for a term exceeding one year is not eligible to 

be issued a license or permit. However, a licensee or permittee 

who is indicted for, or convicted of, such a crime during the term 

of his or her existing license or permit is not barred from licensed 

or permit operations for 30 days after the date of the indictment 

or the date the conviction becomes final. If the licensee or 

permittee files an application for relief from disabilities within 

such 30-day period, he or she may continue licensed or permit 

operations while the application is pending. If a relief application 

is not filed during that period, the licensee or permittee may not 

continue operations beyond such 30-day period. The right of a 

licensee to continue licensed or permitted operations beyond such 

30-day period is also conditioned on the licensee or permittee 

timely filing a license or permit renewal application disclosing 

that the applicant has been indicted for, or convicted of, the 

crime. A licensee or permittee may not continue operations 

beyond 30 days following the date the Director issues notification 

that the relief application has been denied. [18 U.S.C. 845(b); 

27 CFR 555.142] 

61. May a licensed dealer make a sale to a 

holder of a limited permit in an adjoining State? 

No. Sales may not be made to limited permittees who are outof-State residents. [18 U.S.C. 842(a); 27 CFR 555.11: definition 

of “limited permit”, 555.41(b)(3)]

Recordkeeping

62. Does a licensee or permittee have to keep 

records of the acquisition, distribution, and storage of explosive materials?

Yes. Licensees and permittees must keep records of acquisitions, dispositions, and storage of explosive materials. [18 U.S.C. 

842(f), 847; 27 CFR 555.107, 555.122–.125, and 555.127, 

Subpart G]

63. How do licensees and permittees account 

for explosive quantities in their records?

If acquisitions are recorded by weight, then distribution must 

also be recorded by weight. If acquisitions are recorded by 

physical count (e.g., by units), then distribution must also be 

recorded by physical count. [27 CFR 555.122–.125]

64. Must a licensee or permittee maintain a 

daily summary of magazine transactions?

Yes. After the initial inventory required by regulations has been 

taken, the inventory shall be entered in a record of daily transactions. Not later than the close of the next business day, each 

licensee and permittee shall record by manufacturer’s name or 

brand name the total quantity received in and removed from each 

magazine during the day and the total remaining on hand at the 

end of the day. [27 CFR 555.127]

65. Where must a licensee or permittee keep 

the daily summary of magazine transactions?

The records must either be kept at each magazine or at one 

central location on the business premises, provided a separate 

record of daily transactions is maintained for each magazine. [27 

CFR 555.127]

66. How can I obtain additional copies of ATF 

Forms? 

Forms are available on-line at http://www.atf.gov/forms/

explosives/. Requests for forms should be mailed to the ATF 

Distribution Center, 1519 Cabin Branch Drive, Landover, MD 

20785. You may also have forms mailed to you by submitting an 

on-line request at http://www.atf.gov/forms/dcof/, or by telephoning your request to (202) 648-6420. [27 CFR 555.21(b)] 

67. Does a purchaser of black powder have to 

sign any forms at the time of purchase?

If 50 pounds or less of commercially manufactured black 

powder is being purchased, and the 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 

exempt from the term “destructive device” in 18 U.S.C. 921(a)(4), 

no form is required. However, if the black powder is being 

purchased for any other purpose (regardless of quantity), the 

purchaser or other transferee must possess a Federal explosives 

license or permit. [18 U.S.C. 845(a)(5); 18 U.S.C. 926(c); 27 CFR 

555.141(b), 555.26(a)] 

68. Is there a requirement for licensees and 

permittees to make an annual inventory of explosive materials on hand?

Yes. An inventory is required to be taken at least once a year. 

[27 CFR 555.122–.125]
68

69. When must ATF Form 5400.4, “Limited 

Permittee Transaction Report (LPTR)”, be 

executed? 

Before distribution of explosive materials to a limited 

permittee, the licensee or permittee must obtain an executed 

ATF F 5400.4 from the limited permittee with an original 

unaltered and unexpired Intrastate Purchase of Explosives 

Coupon (IPEC) attached. Except when delivery of explosive 

materials is made by a common or contract carrier who is an 

agent of the limited permittee, the licensee or permittee must 

verify the identity of the holder of the limited permit by examining an identification document (as defined in 555.11) and noting 

on the ATF F 5400.4 the type of document presented. The 

licensee or permittee must complete the appropriate section on 

ATF F 5400.4 to indicate the type and quantity of explosive 

materials distributed, the license or permit number of the seller, 

and the date of the transaction. The licensee or permittee must 

sign and date the form. [27 CFR 555.126(b)]

70. Do the ATF Forms 5400.4 have to be maintained by the licensee or permittee making the 

sale?

Yes. One copy of ATF F 5400.4 must be retained by the seller 

as part of his permanent records in chronological order by date of 

disposition, or in alphabetical order by name of limited permittee. 

They must be maintained for a period of five years. [27 CFR 

555.126]

71. May I keep computerized records?

Yes. See ATF Ruling 2007–1. 

Storage

72. Who must comply with the storage requirements?

Except for those items and activities given exempt status under 

18 U.S.C. 845 (also see 27 CFR 555.141), or exempted under 27 

CFR 555.32, Special Explosives Devices, all persons who store 

explosive materials must store them in conformity with the 

provisions of Subpart K of the regulations, unless the person or 

the materials are exempt from regulation. [18 U.S.C. 842(j); 27 

CFR 555.29, 555.141, 555.201(a)] 

73. What are the classes of explosive materials 

for storage purposes?

There are 3 classes of explosive materials:

(a) High explosives (for example, dynamite, flash powders, and 

bulk salutes);

(b) Low explosives (for example, black powder, safety fuses, 

igniters, igniter cords, fuse lighters, and “display fireworks”, 

except for bulk salutes); and

(c) Blasting agents (for example, ammonium nitrate-fuel oil and 

certain water gels). [27 CFR 555.202]

74. May a person store explosive materials in a 

residence or dwelling?

No. Storage of explosive materials in a residence or dwelling is 

prohibited. [27 CFR 555.208(b), 555.210(b), 555.211(b)]

75. What is the “Table of Distances”?

This table lists the minimum acceptable distances separating 

explosives magazines from inhabited buildings, passenger 

railroads, public highways, and other explosives magazines. The 

table is contained in 27 CFR 555.218.

76. When low and high explosives are stored 

together, how is the distance determined to meet 

the table of distance requirements?

The table of distances for high explosives at 27 CFR 555.218 

would be applied using the total weight of explosive materials in 

the magazine. [27 CFR 555.218]

77. Is it necessary to inspect my explosives 

magazines on a regular basis? 

Yes. Any person storing explosives must inspect the magazines 

at least once every 7 days to determine whether there has been 

unauthorized entry or attempted entry into the magazines or 

unauthorized removal of the contents of the magazines. [27 CFR 

555.204]

78. What are the requirements for making 

changes or additions to an approved storage 

facility?

Making changes in construction to an approved explosives 

magazine or adding a magazine requires that ATF be notified. 

However, mobile or portable type 5 magazines and magazines 

used for the temporary (under 24 hours) storage of explosive 

materials are exempt from this requirement. See 27 CFR 555.63 

for details.

79. Is any type of black powder fuse exempt 

from storage requirements?

Yes, 3⁄32" and other external burning pyrotechnic hobby fuses 

are exempt from the requirements of Federal explosives laws and 

regulations. [18 U.S.C. 845(a)(4–5); 27 CFR 555.11: definition 

of “ammunition”, 555.141(a)(4), 555.141(b)]

80. With the exception of 3⁄32" pyrotechnic 

safety fuse for use in small arms, must black 

powder fuses generally be stored in approved 

explosives magazines?

Yes. Generally igniter fuses, time fuses, blasting fuses, safety 

fuses, or other black powder fuses by whatever name known, 

must be stored in approved magazines.
69

81. Is smokeless powder designed for use in 

small arms ammunition subject to the explosives 

storage requirements?

Smokeless propellants designed for use in small arms ammunition are exempt from regulation under 18 U.S.C. Chapter 40 and 

the regulations in 27 CFR Part 555. However, it should be noted 

that persons engaged in the business of importing or manufacturing smokeless propellants must have a Federal explosives license. 

Additionally, smokeless propellant designed for use other than 

small arms ammunition is not exempt. Therefore, explosives 

products such as squibs, fireworks, theatrical special effects, or 

other articles that may be utilizing smokeless propellants are 

regulated and must be stored accordingly. 

82. My office building, in which several company employees work during the day in connection with my explosives business, is located in the 

general area of my explosives magazine. Do the 

regulations and the Table of Distances apply to 

this building as an “inhabited building”?

No. A building such as an office building or repair shop which 

is part of the premises of an explosives business and is used by 

the business in connection with the manufacture, transportation, 

storage, or use of explosive materials is not considered to be an 

“inhabited building”. [27 CFR 555.11: definition of “inhabited 

building”, 555.218]

83. Am I required to notify my State or local 

authorities about my explosives storage magazines?

Yes. All persons who store explosive materials must notify the 

fire department having jurisdiction over the site where explosive 

materials are manufactured or stored. Notification must be made 

orally by the end of the day on which storage begins and in 

writing within 48 hours from the time storage began. The 

notification must include the type of explosive materials, 

magazine capacity, and the location of each storage site. [27 CFR 

555.11: Definition of “authority having jurisdiction for fire 

safety”, 27 CFR 555.201(f)]

84. What is the definition of a “case hardened 

shackle?” 

Case hardening involves putting carbon (or a combination of 

carbon and nitrogen) into the surface of the steel to make it a 

high-carbon steel, which can be hardened by heat treatment. Only 

the outer skin gets hard in this manner. The center is still tough 

and malleable. This makes for a strong lock with a tough surface.

85. Can detonators be stored with detonating 

cord?

No. However, products which are manufactured with a detonator attached to the detonating cord as an integral part need not be 

disassembled and stored separately. [27 CFR 555.213]

86. Are there storage requirements for 

oxidizers, such as ammonium nitrate?

In general, no. However, when a magazine or bin containing 

ammonium nitrate is located within the sympathetic detonation 

distance of other explosives or blasting agents, it must be stored 

in accordance with the table of distances in 27 CFR 555.220. 

87. Are State and local government agencies 

required to store their explosive materials in 

conformity with Federal storage regulations?

Yes. There is no exemption in the law or regulations for the 

storage of explosive materials by any State or political subdivision thereof. [18 U.S.C. 842(j), 845(a)(6); 27 CFR 555.141(a)(3), 

(a)(5)]

Fireworks

Fireworks are defined in the Federal explosives regulations as 

any composition or device designed to produce a visible or an 

audible effect by combustion, deflagration, or detonation. 

Fireworks are further divided into two broad classifications, 

consumer fireworks or display fireworks as defined at 27 CFR 

Part 555.11.

88. Are “consumer fireworks” subject to regulation under the Federal explosives laws?

No. The importation, distribution, and storage of fireworks 

defined as consumer fireworks are exempted from the provisions 

of the Federal explosives laws. However, because they contain 

pyrotechnic compositions classed by ATF as explosive materials, 

the manufacture of consumer fireworks requires a manufacturer’s 

license. In addition, pyrotechnic compositions used in the 

manufacture of consumer fireworks must be stored in accordance 

with regulations in 27 CFR Subpart K. Consumer fireworks are 

defined as “any small firework device designed to produce visible 

effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. 

Consumer Product Safety Commission, as set forth in Title 16, 

Code of Federal Regulations, parts 1500 and 1507. Some small 

devices designed to produce audible effects are included, such as 

whistling devices, ground devices containing 50 mg or less of 

explosive materials, and aerial devices containing 130 mg or less 

of explosive materials. Consumer fireworks are classified as 

fireworks UN0336 and UN0337 by the U.S. Department of 

Transportation at 49 CFR 172.101. This term does not include 

fused set pieces containing components which together exceed 50 

mg of salute powder.” [27 CFR 555.11: definition of “consumer 

fireworks”; definition of “licensed manufacturer”, 555.141(a)(7)]
70

89. Are “display fireworks” considered to be 

explosive materials subject to regulation under 

Federal explosives laws and regulations?

Yes. Display fireworks include, but are not limited to, salutes 

containing more than 2 grains (130 mg) of explosive materials, 

aerial shells containing more than 40 grams of pyrotechnic 

compositions (excluding the lift charge), and other display pieces 

which exceed the limits of explosive materials for classification 

as “consumer fireworks”. These fireworks are classified as 

fireworks UN0333, UN0334, or UN0335 by regulations of the U.

S. Department of Transportation at 49 CFR 172.101. Display 

fireworks also include fused set pieces containing components 

which together exceed 50 mg of salute powder. [27 CFR 555.11: 

definition of “display fireworks”]

90. How must display fireworks be stored?

Display fireworks, with the exception of bulk salutes, are 

considered low explosives and, at a minimum, must be stored in 

type 4 storage magazines. They may also be stored in type 1 or 

type 2 magazines. Bulk salutes, which are defined as either salute 

components prior to final assembly into aerial shells, (or) finished 

salute shells held separately prior to being packed with other 

types of display fireworks, are classified as high explosives. As 

such, bulk salutes may only be stored in type 1 or type 2 magazines specifically constructed for the storage of high explosives. 

[27 CFR 555.11, 555.202(b), 555.203(d), 555.207, 555.208, 

555.210]

91. Are “Articles Pyrotechnic” subject to the 

requirements of the Federal explosives regulations? 

The importation, distribution, and storage of fireworks defined 

as “Articles Pyrotechnic”, are exempt from the Federal explosives 

laws and regulations. However, because they contain pyrotechnic 

compositions classed by ATF as explosive materials, the manufacture of items defined as “articles pyrotechnic” requires an ATF 

manufacturer’s license. In addition, pyrotechnic compositions 

used in the manufacture of articles pyrotechnic must be stored in 

accordance with regulations in 27 CFR Subpart K. [27 CFR 

555.11: definitions of “articles pyrotechnic” and “consumer 

fireworks”, 555.141(a)(7)]

92. Must partially assembled display fireworks 

be removed from a drying building for overnight 

storage?

Yes. At the end of a day’s manufacturing operations, all dry 

explosive powders and mixtures and partially assembled and 

finished display fireworks must be removed from fireworks 

process buildings and stored in a magazine meeting the storage 

requirements in 27 CFR Part 555, Subpart K. [27 CFR 555.205, 

555.221]

93. What areas of a fireworks manufacturing 

plant are considered to be “fireworks process 

buildings?”

Fireworks process buildings include any buildings in which 

pyrotechnic compositions or explosives materials are mixed, 

pressed, finished, or assembled. Fireworks process buildings do 

not include plant warehouses, office buildings, or other buildings 

and areas in which no fireworks, pyrotechnic compositions, or 

explosive materials are processed or stored. [27 CFR 555.11: 

definition of “fireworks process building”]

94. Under what conditions may I temporarily 

store display fireworks (including low explosives 

for choreographed shows) on trucks?

See ATF Ruling 2007–2. 

95. What types of fireworks require an ATF 

license or permit in order to be lawfully transported or received?

Any fireworks defined as “display fireworks” in 27 CFR 

555.11 may be lawfully received or transported only by persons 

who hold a valid license or permit. No ATF license or permit is 

required to receive or transport “consumer fireworks” or “articles 

pyrotechnic”. [18 U.S.C. 842(a)(3); 27 CFR 555.26, 

555.141(a)(7)]

Plastic Explosives

96. What is a plastic explosive? 

A plastic explosive is defined as “an explosive material in 

flexible or elastic sheet form formulated with one or more high 

explosives which in their pure form has a vapor pressure less than 

10<4> Pa at a temperature of 25 °C, is formulated with a binder 

material, and is as a mixture malleable or flexible at normal room 

temperature.” [18 U.S.C. 841(q); 27 CFR 555.180(d)(4)]

97. What plastic explosives are required to 

contain detection agents?

All plastic explosives manufactured or imported on or after 

April 24, 1996, must contain a detection agent. Federal law 

enforcement agencies and the military may possess unmarked 

plastic explosives if they meet the requirements of the use-up 

period described in Question 103. [18 U.S.C. 841(q), 842(n); 27 

CFR 555.180]

98. What are the permissible detection agents 

for marking plastic explosives?

These agents are listed in the law and regulations at 18 U.S.C. 

841(p) and 27 CFR 555.180(d)(3). 

99. Is it lawful to manufacture plastic explosives that do not contain a detection agent?

No. [18 U.S.C. 842(l); 27 CFR 555.180(a)]
71

100. Is it lawful to import into the United States 

plastic explosives that do not contain a detection 

agent?

No. The importation of plastic explosives into the United 

States requires that the importer file ATF Form 6 certifying that 

the imported plastic explosives contain the required detection 

agent, or is exempted from the marking requirements as provided 

in the regulations. [18 U.S.C. 842(m); 27 CFR 555.180(b), 

555.182, 555.183] 

101. Is it lawful to ship, transport, transfer, 

receive, or possess any plastic explosive that 

does not contain a detection agent?

No. However, a 15-year use-up period is provided for Federal 

law enforcement agencies and the military for unmarked plastic 

explosives imported into or manufactured in the U.S. prior to 

April 24, 1996. Any stocks of unmarked plastic explosives in 

their possession must be used, destroyed or properly marked by 

June 21, 2013 [18 U.S.C. 842(n); 27 CFR 555.180(c)]

102. If a person acquired plastic explosives not 

containing a detection agent before April 24, 1996, 

may he or she continue to lawfully possess the 

explosives?

No. With the exception of the use-up period provided by law 

for Federal law enforcement agencies or the military, the time 

period for lawful possession of unmarked plastic explosives 

terminated on April 24, 1999. [18 U.S.C. 842(n); 27 CFR 

555.180(c)]

103. Are police departments exempt from the 

prohibition against possessing unmarked plastic 

explosives after April 24, 1999?

No. Police departments and other State or local law enforcement agencies could lawfully possess unmarked plastic explosives acquired on or before April 24, 1996, until April 24, 1999. 

Such agencies still possessing unmarked plastic explosives 

should destroy them or abandon them to ATF. Contact the nearest 

ATF field office for information. [18 U.S.C. 842(n); 27 CFR 

555.180(c)(1)]

U.S. Military Explosives

104. Would an ATF license or permit be needed 

to demilitarize (demil) U.S. military explosives?

As long as the demil operator has a valid Department of 

Defense contract to perform such operations, the operations 

would be exempt from 27 CFR Part 555 and no license or permit 

would be required. However, if title to the explosive materials has 

passed from the military to the demil operator and the operator 

intends to resell the explosives on the commercial market, then 

such operations may be regulated by ATF (e.g., storage, sales, 

manufacturing) and an ATF license or permit may be needed. 

Contact the nearest ATF field office for further information. [18 

U.S.C. 845(a)(3), (a)(6) and 27 CFR 555.141(a)(3), (a)(5)]

105. Would a civilian contractor who is manufacturing explosive materials pursuant to a government contract for or on behalf of the United States 

military be entitled to the exemptions from the 

explosives laws and regulations?

Yes, provided that all the explosive materials in question are 

manufactured under a government contract. Any explosive 

materials manufactured in anticipation of receiving a government 

contract would not qualify for this exemption.

If the contractor manufactures any explosive materials not 

pursuant to a U.S. military contract, the manufacture and the 

explosive materials are subject to all requirements of the law and 

regulations. [18 U.S.C. 845(a)(3), (a)(6); 27 CFR 555.26, 555.41, 

555.141(b)]

106. Is an ATF licensee or permittee, whose 

licensed premises are located on a U.S. military 

installation, subject to the regulations in 27 CFR 

Part 555? 

All activities conducted outside the scope of a U.S. Government 

contract are subject to the requirements of Part 555, even if the 

activities are conducted on property owned by the military. [18 U.

S.C. 845(a)(3), (a)(6); 27 CFR 555.26, 555.29, 555.41, 

555.141(a)(3), (a)(5)]
72

Accidents, ATF investigations: 14

Activities covered by license, permit: see 30, 35–37, 48

Age restrictions: 5, 21, 29

American Table of Distances: 75 (See also “Storage, table of 

distance”)

Applicability of Federal explosives law: 1

Binary explosives: 17, 48

Black powder, fuses: 79, 80

Black powder, regulated: 15

Carriers of explosives: 19 

Conviction: see also Prohibited Persons 

Conviction, continuing operations: 60

Department of Transportation numbers: 25, 26

Distances, table of: 22, 23, 75, 76

Distribution of explosives to prohibited persons: 4, 5, 7

Distribution to nonlicensees/nonpermittees: 6, 8

Employee possessor: 42

Employees of licensee or permittee, purchase by: 40, 55, 56

Employees under the age of 21: 21

Explosives List: 19

False information, penalty: 9

Forms, ATF F 5400.4, Explosives Transaction Record: 69, 70

Forms, ATF F 5400.5, Report of Theft or Loss of Explosive 

Materials: 11, 12

Forms, ATF F 5400.13/5400.16, Application for License or 

Permit: 38

Forms, where to order/obtain: 38, 64 

Fireworks, articles pyrotechnic: 91

Fireworks, consumer: 88

Fireworks, display: 91, 92, 94, 96, 97

Fireworks, storage: 90, 92, 94

Importing, explosives: 51, 52, 54

Importing, license: 8, 30, 36, 51

Importing, plastic explosives: 100

Indictment: see Conviction

Interstate commerce: 1, 6, 30

Intrastate transportation of explosives: 1, 31

License/Permit, applications for: 33, 34, 38, 42, 43

License/Permit, duration of: 31, 32

License/Permit, eligibility: 29

License/Permit, expiration & continuing business: 58

License/Permit, fees: 33

License/Permit, prohibited persons: 29

License/Permit, renewal: 57, 58

License/Permit, required: 28, 32, 37

License/Permit, requirements for multiple locations: 50

License/Permit, revocation: 59

License/Permit, state & local requirements: 30, 37, 47–53

License/Permit, types: 30, 31, 35–37

License/Permit, (user) limited permit: 30, 31

Manufacturing, for own use: 37

Manufacturing, license: 30, 37, 48–52

Manufacturing, on-site: 37, 50

Military explosives: 99–101

Plastic explosives, detection agents: 97–99

Plastic explosives, general: 91–98

Plastic explosives, requirements: 97, 100–103

Prohibited distributions: 4–8

Prohibited persons: 4, 5, 7

Prohibited persons, restoration of rights after conviction: 27

Public highway: 22, 23

Purchase by employee of licensee, permittee: 40, 55, 56

Recordkeeping, computerized: 71

Recordkeeping, forms: 66, 67, 69, 70

Recordkeeping, requirements: 62–65, 68 

Responsible person: 39, 41, 42

Shock tube: 24, 80

Small arms ammunition, regulations: 16, 81

Stolen explosives: 10 (see also “Theft”)

Storage, black powder (fuses): 79, 80

Storage, classes: 73

Storage, detonators/detonating cord: 85

Storage, fireworks: 90, 92, 94

Storage, inspection by ATF: 13

Storage, magazine changes: 78

Storage, prohibited in residence: 74

Storage, required inspection/inventory: 68, 77

Storage, requirements: 72, 75, 78

Storage, smokeless powder: 81

Storage, state and local: 87

Storage, table of distance: 22, 23, 75, 76, 82 

Storage, oxidizers: 86

Theatrical flash powder: 49

Theft, loss of explosives: 10–12

Theft, reporting: 11

Transportation of explosives: 18, 19

United Nations numbers: 26, 84, 86 

User’s permit (See “License/Permit”)7 

Index to Questions and Answers
73

Table of Contents

ATF Ruling 75–20: Meaning of Terms, “Inhabited 

Building”

ATF Ruling 75–21: Construction of Storage Facilities by 

the Department of Defense—Concrete Floors

ATF Ruling 75–31: Meaning of Terms, “Engaged in the 

Business”

ATF Ruling 75–35: Identification of Explosive Materials

ATF Ruling 76–4: Meaning of Terms, “State of 

Residence”

ATF Ruling 76–10: One Sale with Multiple Deliveries

ATF Ruling 76–18: Alternate Magazine Construction 

Standards

ATF Ruling 77–24: Storage of Electric Blasting Caps 

with Other Explosive Materials

ATF Ruling 2002–3: Indoor storage of explosives in a 

residence or dwelling

ATF Ruling 2002–4: ATF requires approval of variances 

for indoor storage of explosives in business premises 

directly adjacent to a residence or dwelling.

ATF Ruling 2003–5: Distribution of explosives to limited 

permittees

2004–3; Locking Requirements for Indoor Type 4 Storage 

Magazines

ATF Ruling 2005–2: ATF provides guidance on three 

different private roads and whether they are “highways”

ATF Ruling 2005–3: ATF provides guidance on two 

situations involving structures and whether they are 

“inhabited buildings”

ATF Ruling 2007–1: Use of computerized records as 

required records under 27 CFR 555, Subpart G.

ATF Ruling 2007–2: Temporary storage of display 

fireworks in locked and attended motor vehicles; fuel tanks 

located on temporary storage vehicles; notification 

requirements to ATF and local fire officials.

ATF Ruling 2007–3: Storage of blasting agents in mobile 

type 5 magazines (bulk delivery trucks)

ATF Ruling 2009–3; Storage of Explosives in Law 

Enforcement Explosives Response Vehicles 

ATF Ruling 2010–2: Visibility of Marks on Explosives 

Containers Stored in Magazines 

ATF Ruling 2010–7: Perforating Gun Storage 

ATF Ruling 2011–2: Locking Requirements for Outdoor 

Type 5 Bin and Silo Magazines 

ATF Ruling 2011–3: Alternate Locks Authorized for 

Explosives Magazines 

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

1. 27 CFR 181.11: Meaning of Terms 

(Also 181.186) 

An office or repair shop used in connection with 

the manufacture, etc., of explosive materials are 

not “inhabited buildings.” 

ATF Ruling 75–20 

The Bureau of Alcohol, Tobacco and Firearms has been asked 

to explain the application of 27 CFR 181.11, as it relates to 

“Inhabited Building.” 

The case in question concerns whether or not a building, such 

as an office or repair shop, which is located on manufacturing 

premises closer to facilities approved for the storage of explosive 

materials than permitted by the American Table of Distances, as 

set forth in regulations implementing Title II, Regulation of 

Explosives (Chapter 40, Title 18, U.S.C.), is an “inhabited 

building,” as defined in 27 CFR 181.11) 

Regulations in 27 CFR 181.186 and 181.198 set forth provisions concerning the location of storage facilities and the minimum distances such storage facilities may be located from, 

among other things, “inhabited buildings.” 

Regulations in 27 CFR 181.11 define “inhabited building” as 

any building regularly occupied in whole or in part as a habitation 

for human beings, or any church, schoolhouse, railroad station, 

store or other structure where people are accustomed to assemble, 

except any building occupied in connection with the manufacture, 

transportation, storage, or use of explosive materials. 

These provisions are intended to provide protection to persons 

who inhabit buildings located near premises where explosives are 

manufactured, stored, etc. However, it is the intent of section 

181.11 to except buildings used by the explosives industry in 

connection with the manufacture, transportation, storage, or use 

of explosive materials from the table of distance requirements on 

“inhabited buildings.” 

Held, a building, such as an office or repair shop, which is a 

part of the premises of an explosives manufacturer and is used in 

connection with the manufacture, transportation, storage, or use 

of explosive materials is not an “inhabited building” as defined in 

27 CFR 181.11. 

Signed: June 26, 1975 

[Editor’s Note: 27 CFR Part 181 is now 27 CFR Part 555.]

ATF Explosives Rulings (Revised 3/12)
74

2. 27 CFR 181.187: Construction of Type 1 

Storage Facilities (Also 181.190) 

Certain explosives storage facilities meeting 

standards of construction prescribed by the 

Department of Defense Explosives Safety Board 

for such storage are approved by the Bureau. 

ATF Ruling 75–21 

The Bureau of Alcohol, Tobacco and Firearms has been asked 

to state its position with respect to concrete floors used in certain 

types of explosives storage facilities. Specifically, the question 

has been raised whether concrete floors of Type 1 storage facilities manufactured for the Department of Defense and currently 

being leased to licensees and permittees for the storage of 

commercial explosives may be considered nonsparking under the 

provisions of 27 CFR Part 181. 

Regulations in 27 CFR 181.187 and 181.190, which implement, 

in part, title II, Regulation of Explosives (18 U.S.C. Chapter 40), 

provide in pertinent part that floors of Type 1 and Type 4 storage 

facilities for the storage of explosives shall be constructed of or 

covered with a nonsparking material. 

The Bureau has been advised by the Department of Defense 

Explosives Safety Board that the majority of explosives magazines constructed for the Department of Defense have smooth 

finished concrete floors and that current Defense Department 

specifications for such magazines have no requirement for 

sparkproof flooring. Although these magazines are approved by 

the Board for the storage of all types of explosive materials, the 

Board does recognize that the Department of the Navy advises 

that black powder be stored in explosives magazines with spark 

resistant floor finishes. 

Documentation from other government and industry sources 

supports the position that smooth finished concrete floors are 

sufficiently nonsparking for the storage of fully packaged 

explosives. 

Held, explosives storage facilities with smooth finished 

concrete floors that were constructed under contract for the use of 

the Department of Defense and that are presently being leased to 

licensees and permittees for the storage of commercial explosives 

are considered to be in compliance with the requirements for 

nonsparking floors, as set forth in 27 CFR 181.187(a)(4) and 

181.187(b) and 27 CFR 181.90, for the storage of all types of 

fully packaged explosives, pyrotechnics and propellants, with the 

exception of black powder. Any other such magazines which have 

smooth finished concrete floors and which meet or exceed the 

Department of Defense construction specifications will also be 

considered to be in compliance with the requirements of Part 181 

with respect to nonsparking floors. It is the responsibility of the 

licensee or permittee to provide verification that such facilities 

were manufactured under Department of Defense specifications 

or that the facilities meet or exceed such specification standards. 

If it is determined by the Regional Director that the concrete 

floors of Type 1 or Type 4 explosives storage facilities do not meet 

the requirements as stated above, he will require such floors to be 

covered with a nonsparking material, such as epoxy paint or 

mastic. 

Signed: June 26, 1975 

[Editor’s Note: 27 CFR Part 181 is now 27 CFR Part 555.]

3. 27 CFR 181.41: General (Also 181.11) 

Certain companies that manufacture explosive 

materials for use in their own operations are 

required to obtain licenses as manufacturers of 

explosive materials. 

ATF Ruling 75–31 

The Bureau of Alcohol, Tobacco and Firearms has been asked 

whether certain companies, such as public utility companies that 

manufacture explosives for use in the area of field maintenance 

and construction activities, are “engaged in the business” as 

manufacturers of explosive materials and as such must obtain the 

required license for such manufacturers. 

Under the provisions of 18 U.S.C. 842(a)(1), implemented by 

the regulations promulgated thereunder (27 CFR 181.41), it is 

unlawful to engage in the business of manufacturing explosives 

without a license. 18 U.S.C. 841(h) defines “manufacturer” as 

“any person engaged in the business of manufacturing explosive 

materials for purposes of sale or distribution or for his own use.” 

Although the term “engaged in the business” is not susceptible 

to a rigid definition, it is generally interpreted to imply an element 

of continuity or habitual practice as against a single act or 

occasional participation. 

Accordingly, it is held that companies, such as public utility 

companies engaged in line and facility construction, which 

manufacture explosives on a regular or continual basis are 

considered to be engaged in the business of manufacturing 

explosive materials and must be appropriately licensed as required 

by 81 U.S.C. 842. 

Signed: September 12, 1975 

[Editor’s Note: 27 CFR Part 181 is now 27 CFR Part 555.] 

4. 27 CFR 555.109: Identification of Explosive 

Materials

Methods of marking containers of explosive 

materials are prescribed.

ATF Ruling 75–35

Editors note: ATF Ruling 75–35 was rendered obsolete 

pursuant to ATF 5F, 70 Federal Register 30626 (May 27, 2005), 

and effective July 26, 2005.
75

5. 27 CFR 55.11: Meaning of Terms—State of 

Residence 

“State of residence” of business entities who 

use explosive materials; distribution of explosive 

materials by licensees to out-of-State business 

entities other than licensees and permittees; and 

distribution to nonresident employees of such 

entities are discussed.

Editor’s Note: Provisions of ATF Ruling 76–4 were modified, 

in part, by the Safe Explosives Act. 

Effective May 24, 2003, it is unlawful for any person to receive 

explosive materials unless such person holds an ATF license of 

permit. It is also unlawful for any licensee or permittee to 

knowingly distribute explosive materials to any person who does 

not hold a license or permit. The only relevance remaining in the 

term “State of residence” is for distribution of explosive materials 

to, and receipt by, limited permit holders. Pursuant to 18 U.S.C. 

842(a)(3) and (a)(4), limited permit holders may, on not more 

than 3 separate occasions, lawfully receive explosive materials 

from a licensee or permittee whose premises are located within 

the state of residence of the limited permit holder. ATF Rule 76–4 

continues to apply in determining whether a limited permit holder 

has acquired a “State of residence” for purposes of receipt of 

explosives under 18 U.S.C. 842(a)(4)(B).

6. 27 CFR 55.126: Explosives Transaction 

Record.

Under certain conditions, a single Form 5400.4 

may be used to cover a series of deliveries. 

Editor’s Note: The provisions of ATF Rule 76–10 were 

rendered obsolete by ATF No. 1, 68 FR 13791, Mar. 20, 2003.

7. 27 CFR 181.187: Construction of Type 1 

Storage Facilities (Also 181.188, 181.189) 

Alternate construction standards for storage 

facilities for explosive materials are prescribed.

 ATF Ruling 76–18 

The Bureau of Alcohol, Tobacco and Firearms has reviewed the 

construction standards for storage facilities contained in Subpart 

J of 27 CFR Part 181 to determine if such construction criteria 

for bullet resistance meet current safety standards recognized by 

the explosives industry. 

Under the provisions of 18 U.S.C. 842(j), it shall be unlawful 

for any person to store any explosive material in a manner not in 

conformity with regulations promulgated by the Secretary. In 

promulgating such regulations, the Secretary shall take into 

consideration the class, type, and quantity of explosive materials 

to be stored, as well as the standards of safety and security 

recognized in the explosives industry. 

The regulations in 27 CFR 181.187, 181.188, and 181.189 

prescribe types of storage facilities for explosive materials and 

provide, among other things, that such storage facilities shall be 

bullet resistant. 27 CFR 181.181(b) provides that alternate 

storage facilities may be authorized for the storage of explosive 

materials when it is shown that such alternate facilities are or will 

be constructed in a manner substantially equivalent to the 

standards of construction contained in the applicable regulations. 

The term bullet-resistant means resistant to penetration of a 

bullet of 150 grain M2 ball ammunition having a nominal muzzle 

velocity of 2700 feet per second fired from a .30 caliber rifle 

from a distance of 100 feet perpendicular to the wall or door. 

It has been determined that a wide range of construction 

criteria meet the bullet-resistant requirements of regulations for 

construction of storage facilities for explosive materials. 

In order to promote standards of safety and security in the 

storage of explosive materials while allowing the industry a wide 

latitude in the selection of construction material, it is held that 

storage facilities (magazines) that are constructed according to 

the following minimum specifications are bullet resistant and 

meet the requirements of the regulations as set forth in 27 CFR 

Part 181. (All steel and wood dimensions indicated are actual 

thicknesses. To meet the concrete block and brick dimensions 

indicated, the manufacturer’s represented thicknesses may be 

used.) 

(a) Exterior of 5

⁄8" steel, lined with an interior of any type 

nonsparking material. 

(b) Exterior of 1

⁄2" steel, lined with an interior of not less than 3

⁄8" plywood.

(c) Exterior of 3

⁄8" steel, lined with an interior of two inches of 

hardwood. 

(d) Exterior of 3

⁄8" steel, lined with an interior of three inches of 

softwood or 21

⁄4" of plywood. 

(e) Exterior of 1

⁄4" steel, lined with an interior of three inches of 

hardwood. 

(f) Exterior of 1

⁄4" steel, lined with an interior of five inches of 

softwood or 51⁄4" of plywood. 

(g) Exterior of 1

⁄4" steel, lined with an intermediate layer of two 

inches of hardwood and an interior lining of 11⁄2" of plywood. 

(h) Exterior of 3

⁄16" steel, lined with an interior of four inches of 

hardwood. 

(i) Exterior of 3

⁄16" steel, lined with an interior of seven inches 

of softwood or 63⁄4" of plywood. 

(j) Exterior of 3

⁄16" steel, lined with an intermediate layer of 

three inches of hardwood and an interior lining of 3⁄4" plywood. 
76

(k) Exterior of 1⁄8" steel, lined with an interior of five inches of 

hardwood. 

(l) Exterior of 1

⁄8" steel, lined with an interior of nine inches of 

softwood. 

(m) Exterior of 1

⁄8" steel, lined with an intermediate layer of four 

inches of hardwood and an interior lining of 3⁄4" plywood. 

(n) Exterior of any type of fire-resistant material which is structurally sound, lined with an intermediate layer of four inches 

solid concrete block or four inches solid brick or four inches of 

solid concrete, and an interior lining of 1

⁄2" plywood placed 

securely against the masonry lining. 

(o) Standard eight inch concrete block with voids filled with 

well-tamped sand/cement mixture. 

(p) Standard eight inch solid brick. 

(q) Exterior of any type of fire-resistant material which is 

structurally sound, lined with an intermediate six inch space 

filled with well-tamped dry sand or well-tamped sand/cement 

mixture. 

(r) Exterior of 1

⁄8" steel, lined with a first intermediate layer of 3

⁄4" plywood, a second intermediate layer of 35⁄8" well-tamped dry 

sand or sand/cement mixture and an interior lining of 3⁄4" plywood.

(s) Exterior of any type of fire-resistant material, lined with a 

first intermediate layer of 3

⁄4" plywood, a second intermediate 

layer of 35⁄8" well-tamped dry sand or sand/cement mixture, a 

third intermediate layer of 3⁄4" plywood, and a fourth intermediate 

layer of two inches of hardwood or 14-gauge steel and an interior 

lining of 3⁄4" plywood. 

(t) Eight inch thick solid concrete. 

Signed: June 23, 1976 

[Editor’s Note: 27 CFR Part 181 is now 27 CFR Part 555.]

8. 27 CFR 181.193: Quantity and Storage 

Restrictions (Also 181.188)

Alternate magazine construction standards 

for storage of electric blasting caps with other 

explosive materials are prescribed.

ATF Ruling 77–24

The Bureau of Alcohol, Tobacco and Firearms has been 

requested to authorize the storage of electric blasting caps in a 

separate compartment of a type two portable magazine.

Under the provisions of 18 U.S.C. 842(j), it shall be unlawful 

for any person to store any explosive material in a manner not in 

conformity with regulations promulgated by the Secretary. In 

promulgating such regulations, the Secretary shall take into 

consideration the class, type, and quantity of explosive materials 

to be stored, as well as the standards of safety and security 

recognized in the explosives industry.

Regulations in 27 CFR 181.193 restrict the storage of blasting 

caps with other explosive materials. Section 181.181(b) provides 

that alternate storage magazines may be authorized for the 

storage of explosive materials when it is shown that such 

alternate magazines are or will be constructed in a manner 

substantially equivalent to the standards of construction 

contained in the applicable regulations.

The Bureau recognizes that the transportation and the storage 

of explosive materials in the same vehicle along with electric 

blasting caps is often desired. The Institute of Makers of 

Explosives has established a recommended standard for such 

transport in their Safety Library Publication No. 22, dated 

November 5, 1971 and revised July 1976 [and further revised 

January 1985]. This standard prescribes the minimum construction criteria for (a) a container securely attached (1) above the 

cab of a vehicle (see Figure 1, Exhibit A), or (2) attached to the 

vehicle frame under the cargo compartment (see Figure 2, 

Exhibit A), or (b) a built-in compartment in the cargo space of 

the vehicle (see Exhibit B). In addition to motorized vehicles, 

consideration was also given for the use of similar criteria on 

portable wheeled trailers being used as magazines under section 

181.188(a) of the regulations (see Exhibit E).

In order to insure standards of safety and security in the 

storage of explosive materials while allowing the industry a 

proper latitude in the construction of magazines, it is held that 

vehicles used for transporting and for storing explosive materials 

that are constructed in conformity with the standards listed 

below, and in compliance with all other safety and security 

provisions contained in Part 181, i.e., effectively immobilized 

when unattended, will meet the requirements of ATF regulations. 

Even though constructed on the same vehicle, each compartment 

will be considered as a separate magazine. The two magazines on 

the vehicle will, however, be considered as one magazine when 

applying the American Table of Distances.

Construction Standards for Storage of 

Electric Blasting Caps (Non Mass-Detonating)

a. The container or compartment must provide for total 

enclosure of the electric blasting caps.

b. The partition between the explosives storage compartment 

and the electric blasting cap compartment must be of 

laminate construction consisting of A/C grade or better 

exterior plywood, gypsum wall board [sheetrock] and low 

carbon steel plates. In order of arrangement, the laminate 

must conform to the following, with minimum thickness of 

each lamination as indicated: 1

⁄2" plywood, 1⁄2" gypsum wall 

board [sheetrock] or 1⁄4" asbestos board, 1⁄8" low carbon steel, 

and 1⁄4" plywood, with the 1⁄4" plywood facing the explosives 

storage compartment. See Exhibit C for details of laminate 
77

construction. The door to the electric blasting cap compartment must be of metal construction or solid wood covered 

with metal, the outside walls and top must be of the same 

construction as the rest of the vehicle or trailer. If high explosives, or bullet sensitive explosive materials are stored in the 

vehicle, then the storage compartment of the vehicle must be 

constructed so as to be bullet-resistant.

c. As an alternative to the construction requirements shown in 

paragraph b, a container for use only as illustrated in Exhibit 

A may be used when constructed as follows:

1. The top, lid or door, and the sides and bottom of each 

container must be of laminate construction consisting 

of A/C grade or better exterior plywood, solid hardwood, 

asbestos board and sheet metal. In order of arrangement, 

the laminate must consist of the following with the 

minimum thickness of each lamination as indicated: 1⁄4" 

plywood, 1” solid hardwood, 1

⁄2" plywood, 1⁄4" asbestos 

board and 22-gauge sheet metal constructed inside to 

outside in that order. See Exhibit D for details of 

laminate construction.

2. The hardwood must be fastened together with wood 

screws, the 1⁄2" plywood must be fastened to the hardwood with wood screws, the inner 1

⁄4" plywood must be 

fastened to the hardwood with adhesive and the 22- 

gauge sheet metal must be attached to the exterior of the 

container with screws.

d. The laminate composite material must be securely bound 

together by waterproof adhesive or other equally effective 

means.

e. The steel plates at the joints of laminations must be secured 

by continuous fillet welds.

f. All interior surfaces of the container or compartment must be 

constructed so as to prevent contact of contents with any 

sparking metal.

g. There must be direct access to the container or into a compartment from outside the vehicle.

h. Each container or compartment must have a snug fitting 

continuous piano-type hinged lid or door equipped with a 

locking device/devices.

i. Without permitting direct access to contents under normal 

conditions, the locking or hinging mechanisms must permit 

at least one edge of the lid or door to rise or move outward at 

least 1⁄2" when subjected to internal pressure.

j. The exterior of the container or compartment must be 

weather-resistant.

Signed: June 3, 1977

[Editor’s Note: 27 CFR Part 181 is now 27 CFR Part 555.]

9. 18 U.S.C. 842(j): Storage of Explosives

27 CFR 55.208(b)(1), 55.210(b)(1), and 

55.211(b)(1): Indoor Storage of Explosives in a 

Residence or Dwelling

ATF will approve variances to store explosives in 

a residence or dwelling only upon certain conditions including, but not limited to, receipt of a 

certification of compliance with State and local 

law, and documentation that local fire safety 

officials have received a copy of the certification. 

ATF Ruling 2002–3

The Bureau of Alcohol, Tobacco and Firearms (ATF) has 

received questions concerning indoor storage of explosives in a 

residence or dwelling and whether such storage must comply with 

State or local law. 

Section 842(j) of 18 U.S.C. states: “It shall be unlawful for any 

person to store any explosive material in a manner not in conformity with regulations promulgated by the Secretary.” 

The regulations in 27 CFR 55.208(b)(1), 55.210(b)(1), and 

55.211(b)(1) specify that no indoor magazine is to be located in a 

residence or dwelling. Section 55.22 specifies that the Director 

may allow alternate methods or procedures in lieu of a method or 

procedure specifically prescribed in the regulations. Specifically, 

section 55.22(a)(3) provides that such “variances” are permissible 

only in certain circumstances, including where “[t]he alternate 

method or procedure will not be contrary to any provision of law 

and will not...hinder the effective administration of this part.” 

ATF has been advised that certain variances previously 

approved for storage of explosives in residences or dwellings are 

in violation of State or local zoning law. ATF believes it is 

important to ensure that approval of variances is in compliance 

with all State and local provisions.

To obtain a variance for indoor storage of explosives in a 

residence or dwelling, ATF has determined that a person must 

submit to ATF a certification signed under penalty of perjury 

along with the request for the variance. The certification must: 

1. State that the proposed alternative storage method will 

comply with all applicable State and local law; 

2. Provide the name, title, address, and phone number of 

the authority having jurisdiction for fire safety of the locality in 

which the explosive materials are being stored; and,

3. Demonstrate that the person has mailed or delivered the 

certification to the authority identified in (2). 

When required by the Director, such persons must furnish other 

documentation as may be necessary to determine whether a 

variance should be approved. 
78

Held, ATF will approve variances to store explosives in a 

residence or dwelling only upon certain conditions including, but 

not limited to, receipt of a certification of compliance with State 

and local law, and documentation that local fire safety officials 

have received a copy of the certification. 

Date signed: August 23, 2002

10. 18 U.S.C. 842(j): Storage of Explosives

27 CFR 55.208(b)(1), 55.210(b)(1), and 

55.211(b)(1): Indoor Storage of Explosives in 

Business Premises Directly Adjacent to a 

Residence or Dwelling

ATF requires approval of variances for indoor 

storage of explosives in business premises 

directly adjacent to a residence or dwelling.

ATF Ruling 2002–4

The Bureau of Alcohol, Tobacco and Firearms (ATF) has 

received questions concerning indoor storage of explosives in 

business premises directly adjacent to a residence or dwelling. 

Section 842(j) of 18 U.S.C. states: “It shall be unlawful for any 

person to store any explosive material in a manner not in conformity with regulations promulgated by the Secretary.” 

The regulations in 27 CFR 55.208(b)(1), 55.210(b)(1), and 

55.211(b)(1) specify that no indoor magazine is to be located in a 

residence or dwelling. Section 55.22 specifies that the Director 

may allow alternate methods or procedures in lieu of a method or 

procedure specifically prescribed in the regulations. Specifically, 

section 55.22(a)(3) provides that such “variances” are permissible 

only in certain circumstances, including where “[t]he alternate 

method or procedure will not be contrary to any provision of law 

and will not...hinder the effective administration of this part.” 

ATF has been asked whether businesses that are directly 

adjacent to living quarters may lawfully store explosive materials 

in the business premises. The issue presented is whether the 

premises amount to a “residence or dwelling” within the meaning 

of the regulations cited above. 

Even where the business premises are segregable from the 

living quarters by the existence of a door or a common wall, the 

business premises retain their character as a residence or dwelling. Accordingly, indoor storage of explosives in such premises is 

generally prohibited and can be allowed only pursuant to an 

approved variance. 

Held, ATF requires approval of variances for indoor storage of 

explosives in business premises directly adjacent to a residence or 

dwelling. ATF may approve such variances upon receipt of all 

appropriate certification and other documentation as may be 

requested. 

Date signed: August 23, 2002

11. 18 U.S.C. 842(f): Unlawful Acts

27 CFR 555.105(b)(6)(iii): Distribution of 

Explosives to Limited Permittees

Distributors distributing explosive materials to 

holders of limited permits via common or contract 

carrier may verify receipt of the explosive materials by telephone, facsimile, e-mail, or other means 

within three business days of shipment in lieu of 

requiring the common or contract carrier to verify 

the identity of the person accepting delivery of the 

explosives. The distributor shall make a notation 

on ATF Form 5400.4 indicating whether the shipment was received and the date and time of the 

contact with the distributee.

ATF Ruling 2003–5

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received questions from the explosives industry 

regarding the requirement under 27 CFR 555.105(b)(6)(iii) that, 

effective May 24, 2003, a common or contract carrier hired by a 

Federal explosives licensee or permittee verify the identity of the 

person accepting delivery on behalf of the distributee, note the 

type and number of the identification document, and provide this 

information to the distributor. The distributor is required to record 

this information on ATF Form 5400.4, Limited Permittee 

Transaction Report (LPTR).

Industry members have informed ATF that this requirement 

places an undue burden on common and contract carriers. Drivers 

are concerned that verifying the identity of persons accepting 

delivery of explosive materials by examining an identification 

document and providing the identification information to the 

distributor will be overly time consuming. Drivers are also 

concerned that they could be held personally liable for delivering 

explosives to persons not authorized to receive them.

ATF imposed the verification requirements of section 

555.105(b)(6)(iii) to ensure that when explosive materials are sold 

by a distributor to a holder of a limited permit and transported by 

a common or contract carrier hired by the distributor, the explosive materials are delivered only to a person authorized to receive 

them. ATF continues to believe it is important that sellers of 

explosive materials verify that such materials are delivered to 

persons authorized to receive them. However, it was not ATF's 

intention to impose an undue burden on common or contract 

carriers.

Section 555.22, Title 27, CFR, provides that the Director may 

approve an alternate method or procedure in lieu of a method or 

procedure specifically prescribed in the regulations when he finds 

that:
79

(1) Good cause is shown for the use of the alternate method 

or procedure;

(2) The alternate method or procedure is within the purpose 

of, and consistent with the effect intended by, the specifically 

prescribed method or procedure and that the alternate method or 

procedure is substantially equivalent to that specifically 

prescribed method or procedure; and

(3) The alternate method or procedure will not be contrary 

to any provision of law and will not result in an increase in cost to 

the Government or hinder the effective administration of Part 555.

ATF finds that there is good cause to authorize a variance to the 

provisions of section 555.105(b)(6)(iii) due to the undue burden 

placed on common or contract carriers by the verification 

requirement. Accordingly, ATF authorizes the following alternate 

method or procedure to the identification verification requirements of section 555.105(b)(6)(iii):

The distributor shall, no later than three business days after 

shipment of the explosive materials, contact the distributee by 

telephone, facsimile, e-mail or any other means to ensure that the 

shipment has been received. The distributor shall make a notation 

on ATF Form 5400.4 indicating whether the shipment was 

received and the date and time of the contact with the distributee.

ATF finds that the above alternate method is consistent with the 

verification provisions of section 555.105(b)(6)(iii), because it 

will ensure that delivery has taken place and document the 

information in the distributor's records. The alternate method is 

not contrary to any provision of law, will not increase the costs to 

ATF, and will not hinder the effective administration of the 

regulations in 27 CFR Part 555.

Held, pursuant to 27 CFR 555.22, ATF authorizes a variance 

from the requirements of 27 CFR 555.105(b)(6)(iii) for Federal 

explosives licensees and permittees making distributions of 

explosive materials to holders of limited permits via common or 

contract carrier. As an alternate method or procedure, distributors 

distributing explosive materials to holders of limited permits via 

common or contract carrier may verify receipt of the explosive 

materials by telephone, facsimile, e-mail or other means within 

three business days of shipment in lieu of requiring the common 

or contract carrier to verify the identity of the person accepting 

delivery of the explosives. The distributor shall make a notation 

on ATF Form 5400.4 indicating whether the shipment was 

received and the date and time of the contact with the distributee.

Date signed: May 23, 2003.

12. 18 U.S.C. 842(j): Storage of Explosives 27 

CFR 555.210(b)(4): Locking Requirements for 

Indoor Type 4 Storage Magazines

27 CFR 555.22: Alternate Methods or 

Procedures; Emergency Variations from 

Requirements 

Under certain conditions, flush-mounted bolttype locks will be considered adequate for locking 

type 4 indoor magazines

ATF Ruling 2004–3

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received inquiries from explosives industry members 

as to the suitability of certain types of locks for type 4 indoor 

storage magazines utilized for the storage of low explosives. 

Section 842(j) of 18 U.S.C. states, “It shall be unlawful for any 

person to store any explosive material in a manner not in conformity with regulations promulgated by the Attorney General.” 

The regulations at 27 CFR 555.210(b) state, in part, “Indoor 

magazines are to be fire-resistant and theft-resistant.” To satisfy 

the theft-resistance requirement, this section requires that each 

door be equipped with two mortise locks, two padlocks fastened 

in separate hasps and staples; a combination of a mortise lock 

and padlock; a mortise lock that requires two keys to open; or a 

three-point lock. Padlocks must have at least five tumblers and a 

case-hardened shackle of at least 3⁄8" diameter. In addition, 

padlocks must be protected with not less than 1⁄4" steel hoods 

constructed so as to prevent sawing or lever action on the locks, 

hasps, and staples. 

This section further provides, “Indoor magazines located in 

secure rooms that are locked as provided in this subparagraph 

may have each door locked with one steel padlock (which need 

not be protected by a steel hood) having at least five tumblers and 

a case-hardened shackle of at least 3⁄8" diameter, if the door 

hinges and lock hasp are securely fastened to the magazine.” This 

section makes it clear that, although the magazine-locking 

standards are reduced for magazines secured in a locked room, a 

substantial locking mechanism is still required. 

The regulations at 27 CFR 555.22 allow for the approval and 

use of an alternate method or procedure (variance), provided that 

(1) there is good cause for the proposed variance; (2) the 

proposed variance is consistent with and substantially equivalent 

to the prescribed method or procedure; and (3) the proposed 

variance is not contrary to any provision of law and will not 

hinder the effective administration of the regulations or result in 

an increase in cost to the Government. 
80

ATF has been asked whether a cam-type lock known as a 

“flush-mount lever lock,” or a similarly mounted lock with a bolttype locking mechanism meets ATF theft-resistance requirements 

for type 4 indoor storage of low explosives. 

ATF has determined that, although the lever-type lock is 

mounted on a magazine lid in such a manner as to preclude 

prying or cutting of the lock, the lever-locking mechanism does 

not provide adequate protection against pulling or prying the lid 

off the magazine. The lever mechanism rests under a small piece 

of metal on the edge of the magazine wall (typically 18-gauge 

sheet metal), to secure the lid. This type of lock fails to provide a 

level of theft-resistance for indoor storage of low explosive 

materials that would be substantially equivalent to the methods 

prescribed in the regulations. 

ATF has also examined the flush-mounted bolt-style locks, 

which secure the magazine by means of a bolt-type mechanism. 

The cylinder portion of the lock mounts in the lid of the magazine 

in such a manner that, when the key is turned, the bolt slides 

toward the outer wall of the magazine. This bolt engages in a 

slotted locking block attached securely to the inside of the 

magazine wall. Because this locking mechanism relies upon 

interlocking solid metal parts, operating in a fashion similar to a 

deadbolt lock, it provides a level of theft resistance that is 

substantially equivalent to that required by the regulations. 

Held, cam-type locks known as “flush-mount lever locks,” or a 

similarly mounted lock with a bolt-type locking mechanism does 

not provide a level of theft-resistance for indoor storage of 

materials that is substantially equivalent to the methods 

prescribed in the regulations. 

Held further, flush mount bolt-style locks utilizing interlocking 

solid metal parts, each affixed securely to the magazine in such a 

way that they cannot be readily removed from the exterior of the 

magazine and each locking mechanism having at least five 

tumblers, will be considered to meet the theft-resistance requirements of Part 555, section 210(b) for indoor type 4 explosives 

storage magazines. 

Date approved: June 5, 2004

13. 27 CFR 555.11: Meaning of Terms

ATF provides guidance on three different private 

roads and whether they are “highways” as defined 

in 27 CFR 555.11. 

ATF Ruling 2005–2

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received inquiries from members of the explosives 

industry as to the meaning of the term “highway” under 27 CFR 

555.11. 

The Federal explosives laws, 18 U.S.C. Chapter 40, require all 

persons to store explosive materials in a manner in conformity 

with regulations issued by the Attorney General. 18 U.S.C. 842(j). 

The Attorney General has delegated his authority to administer 

and enforce the Federal explosives laws to the Director, ATF. 28 

CFR 0.130. Regulations in 27 CFR Part 555 implement the 

provisions of the Federal explosives laws. Storage regulations in 

27 CFR Part 555, Subpart K, provide that outdoor magazines in 

which high explosives are stored must be located no closer to 

inhabited buildings, passenger railways, public highways, or other 

magazines in which high explosives are stored than the minimum 

distances specified in the table of distances for storage of 

explosive materials in section 555.218 of the regulations. 27 CFR 

555.206. 

Section 555.11 of the regulations defines the term “highway” 

as “[a]ny public street, public alley, or public road, including a 

privately financed, constructed, or maintained road that is 

regularly and openly traveled by the general public.” 

In Scenario A, a private road owned by a corporation is used by 

the general public as an access road to a parking lot owned by the 

corporation. The road is near an explosives magazine. The road 

does not have a gate, sign, or other means of restricting access to 

the road. The road is also used by the general public on a daily 

basis to gain access to other public streets. 

In Scenario B, a company that manufactures display fireworks, 

a logging company, and an individual who owns buildings utilized 

to store his collection of automobiles all occupy property to 

which the only access is a privately owned road. A separate party 

that leases to these three entities owns the property. The road is 

located on private property, and a locked gate at the entrance to 

the road prevents access by the general public. The display 

fireworks company, the logging company, and the individual 

storing automobiles all have keys to unlock the gate and travel on 

the road when needed. The gate is locked at all times, and there is 

no evidence that the road is open to anyone other than the two 

businesses and one individual who require access to their property. 

In Scenario C, an explosives company maintains explosives 

magazines in a quarry area that has a roadway traversing through 

the quarry. The quarry owns the property, and the road is maintained by the quarry. The road has a gate and there are signs 

advising no trespassing. However, when ATF officials visited the 

location on several occasions, the gate was left open and members 

of the public regularly utilized the roadway as a shortcut between 

two major highways. There were no indications the owner of the 

property took any steps to prevent members of the public from 

utilizing the roadway. 

Applying the regulatory definition of “highway” to the three 

scenarios, the road in Scenario A is clearly a highway that is 

subject to the tables of distance in Part 555. Although it is 

privately owned, it is regularly and openly traveled by members of 

the general public without restriction. 

The roadway in Scenario B is not a “highway” as defined. 

Access is restricted at all times and there is no evidence the 

general public regularly travels on the roadway. Access to the road 
81

is provided to only a limited number of persons who have a legal 

right to travel the road. Accordingly, this road is not regularly and 

openly traveled by members of the general public. 

ATF concludes that the roadway described in Scenario C is a 

“highway” as defined in 27 CFR 555.11. Although access to the 

roadway is restricted by a gate and “No trespassing” signs are 

posted, the gate is not closed at all times. Furthermore, ATF 

observation indicates that the roadway is regularly and openly 

traveled by members of the general public. Based on these facts, 

the roadway is a highway which is subject to the tables of 

distance in 27 CFR Part 555. 

Held, a private road with no gate, signs, or other means of 

restricting access that is used by the general public as an access 

road to a parking lot and as access to other public streets is a 

“highway” as defined in 27 CFR 555.11. 

Held further, a private road with a locked gate at the entrance 

that is locked at all times and used by a limited number of 

persons leasing or owning property accessed by the road is not a 

“highway” as defined in 27 CFR 555.11. 

Held further, a private roadway traversing a quarry with a gate 

restricting access and a “no trespassing” sign is a “highway,” as 

defined in 27 CFR 555.11, because the gate is not locked at all 

times and the general public regularly utilizes the roadway as a 

shortcut between two public highways. 

Date approved: September 8, 2005

14. 27 CFR 555.11: Meaning of Terms

ATF provides guidance on two situations involving structures and whether they are “inhabited 

buildings” as defined in 27 CFR Part 555. 

ATF Ruling 2005–3

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received inquiries from explosives industry members 

as to the meaning of the term “inhabited building” under 27 CFR 

555.11. 

The Federal explosives laws, 18 U.S.C. Chapter 40, require all 

persons to store explosive materials in a manner in conformity 

with regulations issued by the Attorney General. 18 U.S.C. 842(j). 

The Attorney General has delegated his authority to administer 

and enforce the Federal explosives laws to the Director, ATF. 28 

CFR 0.130. Regulations in 27 CFR Part 555 implement the 

provisions of the Federal explosives laws. Storage regulations in 

27 CFR Part 555, Subpart K, provide that outdoor magazines in 

which high explosives are stored must be located no closer to 

inhabited buildings, passenger railways, public highways, or other 

magazines in which high explosives are stored than the minimum 

distances specified in the table of distances for storage of 

explosive materials in section 555.218 of the regulations. 27 CFR 

555.206. 

The regulation at 27 CFR 555.11 defines the term “inhabited 

building” as “[a]ny building regularly occupied in whole or in 

part as a habitation for human beings, or any church, schoolhouse, 

railroad station, store, or other structure where people are 

accustomed to assemble, except any building occupied in 

connection with the manufacture, transportation, storage, or use 

of explosive materials.” 

In Scenario A, an explosives licensee leases explosives magazines to an individual who uses the magazines for storage of 

goods other than explosive materials. The magazines are located 

adjacent to magazines used by the explosives licensee for the 

storage of explosive materials. The magazines used by the lessee 

are not separated by the minimum distances required for the 

separation of magazines from “inhabited buildings” as required 

by the regulations in 27 CFR Part 555. 

The magazines are visited regularly by the individual who 

stores property in the magazines, but no additional persons 

accompany the individual when he is present at the magazine. 

However, the individual hires contractors to repair equipment 

stored in the facilities from time to time, and 1–3 employees of 

the contractor may occasionally be present for short periods of 

time at the storage site. However, such visits occur no more than 

3–5 times per year. In addition, an employee from the water 

company visits the storage site once a month to read the water 

meter, an employee from the power company reads the power 

meter once a month, and other vendors may be present at the site 

for short periods of time for other legitimate purposes. 

In Scenario B, a licensed manufacturer of explosives X leases a 

unit in an industrial park that shares a common wall with a unit 

leased by licensed manufacturer Y. Both licensees store explosives 

in magazines located inside and outside the units. The magazines 

of Manufacturer X and the building used by Manufacturer Y are 

not separated by the minimum distance prescribed in 27 CFR Part 

555 for the separation of magazines and inhabited buildings. 

Likewise, the magazines of Manufacturer Y and the building used 

by Manufacturer X are not separated by the minimum distance 

prescribed in 27 CFR Part 555 for the separation of magazines 

and inhabited buildings. In both structures, employees and 

contractors are regularly present during work hours for purposes 

of carrying on the manufacturing and distributing businesses of 

the two licensees. This includes personnel who work in the 

manufacturing plant, those who work on the loading dock to load 

and ship explosives products to customers, and those who work in 

the office taking orders, sending out invoices, and handling other 

clerical work for the businesses. 

Applying the law and regulations to the facts of Scenario A, 

ATF concludes that the leased structures used by the individual to 

store items other than explosives are not being used as a habitation for human beings and are not buildings occupied in connection with the manufacture, transportation, storage, or use of 

explosive materials. Accordingly, the sole issue remaining is 

whether the structure is one where people are accustomed to 

assemble. 
82

Noteworthy, the regulation uses the term “people,” which is the 

plural version of “person.” Thus, ATF believes that more than one 

person must “assemble” at the structure for it to be an “inhabited 

building.” In addition, the word “assemble” is defined, in part, as 

“To bring or gather together in a group or whole.” The word 

“assembly” is defined, in part, as “A group of persons gathered 

for a common purpose.” The American Heritage Dictionary, 

Second College Edition, Houghton Mifflin Co., 1982. It is clear 

that the presence of one person at a structure or location cannot 

be an assembly of any sort. Accordingly, in situations where one 

person is present at a particular structure, whether on a regular or 

infrequent basis, such a structure is not an “inhabited building” as 

defined in 27 CFR 555.11. 

Likewise, occasional visits to the storage facility by mail 

delivery persons or employees of public utility companies for 

brief periods of time would not be an “assembly” that would make 

the facility an inhabited building. However, if 2 or more repair 

persons are present at the facility to make repairs to equipment 

stored there, such persons would be there for a common purpose, 

and would have “assembled” at the structure. However, the 

structure would be an “inhabited building” only if it is a structure 

where people are accustomed to assemble. The word “accustom” 

is defined as “To familiarize, as by constant practice, use, or 

habit: accustomed himself to working long hours.” The word 

“accustomed” is defined as “Usual, characteristic, or normal: 

worked with her accustomed thoroughness.” The American 

Heritage Dictionary, Second College Edition, Houghton Mifflin 

Co., 1982. These definitions indicate that a structure will be one 

where people are accustomed to assemble only if there is some 

degree of continuity, regularity, or frequency to such assembly. 

Infrequent, occasional visits to the storage site by 2 or more 

repair persons would not make the storage facility an “inhabited 

building,” because such intermittent visits would not be “customary.” Only where 2 or more persons are present at the site for a 

common purpose and on a regular basis would the building fit 

within the definition of “inhabited building.” 

To address Scenario B, it is apparent that the building leased by 

Manufacturer X is exempt from the definition of “inhabited building” as to the magazines of Manufacturer X, and the building 

leased by Manufacturer Y is likewise exempt as to the magazines 

of Manufacturer Y. This is because both buildings are occupied in 

connection with the manufacture, transportation, and storage of 

explosive materials. Clearly, the employees of both licensees are 

aware that explosive materials are present on the premises and 

they assume the risk of any such operation. A more difficult 

question is presented by the buildings of Manufacturer X and the 

magazines of Manufacturer Y and vice versa. ATF cannot assume 

that all employees are cognizant of the activities of their neighbors in the industrial park. Thus, it cannot be assumed that the 

employees are knowingly assuming the risk of explosive materials 

stored in magazines owned by the other licensee. 

Given the plain language of the regulation, however, ATF does 

not believe it is appropriate to deny the coverage of the regulatory 

exemption to adjoining licensees on the basis of an assumption of 

the risk analysis. The current regulatory definition excludes from 

the definition of “inhabited building” any building occupied in 

connection with the manufacture, transportation, storage, or use 

of explosive materials, regardless of the knowledge of the 

building's occupants. Accordingly, ATF concludes that the 

industrial units occupied by Manufacturer X and Manufacturer Y 

are both exempted from the definition of “inhabited building” as 

to the magazines of each other as well as to their own magazines. 

Held, a structure used to store items other than explosive 

materials that is visited on a regular basis by one individual is not 

an “inhabited building” as defined in 27 CFR 555.11, because it 

is not a structure where people are accustomed to assemble. 

Where 2 or more persons are present at the structure to repair 

equipment stored therein and such visits to the site are occasional 

and infrequent, the structure is not an “inhabited building” 

because the visits are not “customary.” However, where 2 or more 

persons make regular visits to the structure for a common 

purpose, the structure is an “inhabited building,” and explosives 

magazines may not be stored closer to the structure than the 

minimum distances specified in the regulations in 27 CFR Part 

555. 

Held further, buildings occupied by licensed explosives 

manufacturers in connection with the manufacture, transportation, 

storage, or use of explosive materials are not included within the 

definition of “inhabited building” as to magazines located on 

their own premises. In addition, buildings occupied by licensed 

explosives manufacturers in connection with the manufacture, 

transportation, storage, or use of explosives are not included 

within the definition of “inhabited building” as to magazines 

located on property owned by another licensee. 

Date approved: November 25, 2005
83

15. 18 U.S.C. 842(f): Records Required for 

Explosives Licensees and Permittees

27 CFR PART 555, Subpart G: Records and 

Reports

27 CFR 555.22: Alternate Methods or 

Procedures; Emergency Variations from 

Requirements

Under specified conditions, approval is granted 

to utilize computerized records as required records under 27 CFR 555, Subpart G.

ATF Ruling 2007–1

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received inquiries from members of the explosives 

industry about maintaining their required Federal explosives 

records in computerized form rather than paper form.

Section 842(f), Title 18, United States Code, makes it unlawful 

for any licensee or permittee to willfully manufacture, import, 

purchase, distribute, or receive explosive materials without 

making such records as the Attorney General may by regulation 

require, including, but not limited to, a statement of intended use, 

the name, date, place of birth, social security number or taxpayer 

identification number, and place of residence of any natural 

person to whom explosive materials are distributed.

Regulations implementing section 842(f) are in 27 CFR Part 

555, Subpart G. The regulations in this subpart specify the 

records required to be created and maintained by licensed 

importers (section 555.122), licensed manufacturers (section 

555.123), licensed dealers (section 555.124), and permittees 

(section 555.125). The regulation in section 555.121 provides that 

licensees and permittees must keep records pertaining to explosive materials in permanent form (i.e., commercial invoices, 

record books) and in the manner required in Subpart G. In 

addition, sections 555.122–555.125 specifically allow licensees 

and permittees to use an alternate record to record the distribution 

of explosive materials when it is shown that the alternate records 

would accurately and readily disclose the information required by 

the regulations. These regulations require licensees and permittees who propose to use alternate records to submit a letter 

application to ATF describing the proposed alternate records and 

the need for them. Alternate records are not to be employed until 

approval from ATF is received.

Regulations at 27 CFR 555.22 allow for the approval and use 

of an alternate method or procedure in lieu of a method or 

procedure specifically prescribed in Part 555. ATF may approve 

an alternate method or procedure when it is found that—

(1) Good cause is shown for the use of the alternate method 

or procedure;

(2) The alternate method or procedure is within the purpose 

of, and consistent with the effect intended by, the specifically 

prescribed method or procedure and that the alternate method or 

procedure is substantially equivalent to that specifically 

prescribed method or procedure; and

(3) The alternate method or procedure will not be contrary 

to any provision of law and will not result in an increase in cost to 

the Government or hinder the effective administration of 27 CFR 

Part 555.

With advances in technology and the dramatic decrease in the 

cost of computers, many businesses rely upon computers to 

maintain records of their inventory, sales, customer lists, and 

other business information. Even the smallest home-based 

business utilizes computers to record and maintain business 

information. Creating and maintaining records in a computer 

database, rather than paper form, makes it easier to ensure 

accuracy of records and makes it less likely that records will be 

lost or misplaced. In addition, maintaining records via computer 

generally saves time and money in bookkeeping and auditing 

expenses. This utilization of computers has allowed companies to 

automate inventories, utilizing technology such as bar codes or 

RFID (radio frequency identification) chips. This facilitates better 

accountability of product overall, reducing the potential of 

everyday accounting errors. Over the years ATF has seen a 

significant increase in the number of requests from explosives 

licensees and permittees for authorization to utilize computerized 

records rather than paper records of acquisition and distribution 

and other required records, such as magazine transaction records. 

ATF routinely approves requests to utilize computerized records, 

with certain conditions, finding that the use of such records is 

substantially equivalent to methods of record keeping set forth in 

the regulations in 27 CFR Part 555, Subpart G.

Several explosives industry members have asked whether 

computerized records may be maintained without obtaining 

written approval from ATF if they contain all the required 

information specified in the regulations and are maintained in a 

permanent form. Additionally, industry members have questioned 

whether computer records in combination with paper records may 

be maintained if they are permanent and contain all the information required by the regulations.

ATF has determined that records of acquisition and disposition, 

magazine summary records, and the other records required by 27 

CFR Part 555, Subpart G, satisfy the standard of permanency and 

are substantially equivalent to paper records if they meet the 

following criteria:

1. All data entered into the computer system must be 

recorded into the database and cannot be capable of being edited 

or modified at a later date. The software system must retain any 

correction of errors as an entirely new entry, without deleting or 

modifying the original entry. The system may allow for entries in 

a notes column to explain any correction.
84

2. The system must have a reliable daily memory backup 

capability to protect the data from accidental deletion or other 

system failure.

It is also acceptable for licensees/permittees to maintain 

required records using a combination of a computer program, 

commercial invoices, and other documents, provided that all of 

the required information is maintained in the records in permanent form. Any use of a computer for any portion of the required 

records must comply with the standards outlined above. However, 

each particular transaction must be self-contained with all the 

required information in the same recordkeeping medium. As one 

example, dispositions of explosives by a dealer cannot be 

separated by keeping the dates of disposition and the manufacturer’s name or brand name in the computer, and all the other 

required information for that disposition on separate written 

documents.

ATF finds that good cause exists for authorizing the use of a 

computer to create and maintain the records required by 27 CFR 

Part 555, Subpart G, as the use of computers is accepted throughout the business community as a reliable, cost-efficient means of 

maintaining business records. ATF also finds that the use of a 

computer to maintain required records, contingent upon the 

requirements outlined above, is consistent with the effect 

intended by the requirements of Subpart G, as it will result in a 

permanent, reliable record that will accurately indicate acquisitions and dispositions of explosive materials. Finally, ATF finds 

that the use of computer records properly containing all the 

required information should not hinder the effective administration of the Federal explosives laws or regulations – use of such 

records generally makes it easier for ATF to conduct inventories 

of product on hand and to audit required records. Accordingly, 

ATF concludes that the requirements for approval of an alternate 

method or procedure in accordance with 27 CFR Part 555, 

sections 555.22 and 555.122–555.125, are met.

Held, persons holding licenses and permits issued under 18 U.

S.C., Chapter 40, may use computers to create and maintain all or 

any portion of the records required by 18 U.S.C. 842(f) and 27 

CFR Part 555, Subpart G, if the following conditions are satisfied:

1. All data entered into the computer system must be 

recorded into the database and cannot be capable of being edited 

or modified at a later date. The software system must retain any 

correction of errors as an entirely new entry, without deleting or 

modifying the original entry. The system may allow for entries in 

a notes column to explain any correction.

2. The system must have a reliable daily memory backup 

capability to protect the data from accidental deletion or other 

system failure.

Held further, licensees and permittees who wish to use 

computers to create and maintain all or a portion of their required 

records in accordance with the requirements set forth in this 

ruling are not required to obtain advance approval in accordance 

with 27 CFR 555.22 or 555.121–125.

Held further, licensees and permittees utilizing a combination 

of a computer program, commercial invoices, and other paper 

documents as required records must ensure that the required 

information for a particular transaction is fully contained in the 

same recordkeeping medium.

Held further, this ATF approved alternate method or procedure 

for computerized records shall not be withdrawn unless the holder 

of said variance is so advised by ATF in writing or no longer 

holds a Federal explosives license or permit.

Date approved: January 18, 2007

16. 18 U.S.C. 842(j): Storage of Explosives

27 CFR 555.210: Construction of Type 4 

Magazines

27 CFR 555.215: Housekeeping

27 CFR 555.201: Notification of Local Fire 

Officials

27 CFR 555.63: Explosives Magazine Changes

27 CFR 555.22: Alternative Methods or 

Procedures; Emergency Variations from 

Requirements

Under specified conditions, display fireworks 

may be temporarily stored in locked and attended 

motor vehicles at the explosives magazine site(s) 

and at fireworks display site(s) without meeting 

the locking requirements of 27 CFR 555.210 provided certain additional security measures are in 

place. Additionally, allowance per 27 CFR 555.215 

is made for the fuel tanks containing volatile 

materials that may be on the temporary storage 

vehicles. Finally, slight variation is provided for 

notification requirements to ATF and local fire 

officials.

ATF Ruling 2007–2

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received inquiries from members of the explosives 

industry concerning the necessity of applying for a variance each 

year to cover the temporary storage of display fireworks at 

explosives magazine storage site(s) and fireworks display site(s). 

The continual reapplication and issuance of these variances is a 

burden on both industry and the Government with little or no 

benefit to safety or security.
85

The Federal explosives laws, 18 U.S.C. Chapter 40, require all 

persons to store explosive materials in a manner in conformity 

with regulations issued by the Attorney General. 18 U.S.C. 842(j). 

The Attorney General has delegated the authority to administer 

and enforce the Federal explosives laws to the Director, ATF. 28 

CFR 0.130. Regulations in 27 CFR Part 555, implement the 

provisions of the Federal explosives laws.

The regulation at 27 CFR 555.210(a) states, in part, “[o]utdoor 

magazines are to be fire-resistant, weather-resistant, and theftresistant.” Partly to satisfy the theft-resistant requirement, this 

section requires that each door be equipped with two mortise 

locks; two padlocks fastened in separate hasps and staples; a 

combination of a mortise lock and a padlock; a mortise lock that 

requires two keys to open; or a three-point lock. Padlocks must 

have at least five tumblers and a case-hardened shackle of at least 

3

⁄8" diameter.

Padlocks must be protected with not less than 1

⁄4" steel hoods 

constructed so as to prevent sawing or lever action on the locks, 

hasps, and staples.

The regulation at 27 CFR 555.215 states, in part, “[v]olatile 

materials are to be kept a distance of not less than 50 feet from 

outdoor magazines.”

The regulation at 27 CFR 555.201 requires, in part, that any 

person storing explosive materials notify local fire authorities 

orally before the end of the day on which storage of the explosive 

materials began and in writing within 48 hours from the time 

such storage began.

The regulation at 27 CFR 555.63 requires that any licensee or 

permittee who acquires (adds) a storage magazine must notify 

ATF at least five business days in advance of using any added 

explosives storage magazine.

Regulations at 27 CFR 555.22 allow for the approval and use 

of an alternate method or procedure in lieu of a method or 

procedure specifically prescribed in Part 555. ATF may approve 

an alternate method or procedure when it is found that—

(1) Good cause is shown for the use of the alternate method 

or procedure;

(2) The alternate method or procedure is within the purpose 

of, and consistent with the effect intended by, the specifically 

prescribed method or procedure and that the alternate method or 

procedure is substantially equivalent to that specifically 

prescribed method or procedure; and

(3) The alternate method or procedure will not be contrary 

to any provision of law and will not result in an increase in cost to 

the Government or hinder the effective administration of 27 CFR 

Part 555.

ATF has approved a significant number of variances for 

temporary storage for a specified amount of time before a display 

fireworks event, as well as during and after the event until the 

remaining explosive materials can be placed back into the 

appropriate storage magazine.

Preparation of display fireworks shows and the transportation 

of explosive materials to numerous show sites often take place 

over a period of several days. Preparing and temporarily storing 

the fireworks for these shows ordinarily take place on delivery 

trucks and trailers in one storage location where the proprietor 

already maintains storage of explosives materials with a high 

degree of security and safety by complying with the provisions of 

27 CFR Part 555.

Many display fireworks shows also take several days to prepare 

at the show site. During preparation and after the show is 

completed, explosive materials frequently must be temporarily 

stored. This is often either extra product that was brought to the 

show or misfires that have been maintained and must be returned 

to permanent storage.

Allowing flexibility through alternate methods or procedures 

for specific regulations increases both safety and security at these 

show sites. These procedures are needed to increase public safety, 

as well as facilitate smooth operations for the display fireworks 

industry. The highest risk of incidents involving the accidental 

ignition of display fireworks is during handling, with the next 

highest risk being transportation. Providing no flexibility to allow 

storage in the delivery vehicles would require the industry to 

dangerously load and unload from storage magazines to vehicles 

and back into a storage magazine. Additionally, ATF believes that 

providing this guidance allows for preplanning by the proprietor 

and consistency of regulatory application nationwide.

One of the major dangers around explosives is fire. Therefore, 

the regulations require that volatile materials be maintained a 

distance of not less than 50 feet from outdoor explosives storage 

magazines. ATF believes that requiring attended storage for 

display fireworks temporarily stored in vehicles will ensure public 

safety, in lieu of the 50 foot separation requirement. The attendee 

should be able to alert the proper authorities if needed to ensure 

that a fire does not compromise this storage, or may relocate 

these temporary storage magazines to a safe location away from 

an identified fire.

Held, ATF will approve alternate methods or procedures for the 

temporary storage of display fireworks in locked and attended 

vehicles at explosives magazine site(s), as well as at the fireworks 

display site(s), under the following conditions:

1. The doors to each storage compartment containing 

explosive materials must be locked with at least one steel padlock 

having at least five tumblers and a casehardened shackle of at 

least 3⁄8" diameter. The padlock does not need to be protected by a 

steel hood. However, each temporary storage magazine must be 

attended at all times for security purposes. The vehicle is considered “attended” when an authorized individual is within 100 feet 

of all temporary storage and has an unobstructed view of the 

vehicle(s) containing the explosive materials. The individual must 

remain awake and observant of activities around the vehicle(s).
86

2. The person who temporarily stores the explosive 

materials must notify in writing the authority having jurisdiction 

for fire safety in the locality in which the explosive materials are 

stored no less than 3 Federal office business days prior to 

utilizing the additional temporary storage magazine(s).

3. The person who temporarily stores the explosive 

materials must notify ATF in writing of the location of this 

storage no less than 3 Federal office business days prior to 

utilizing the additional temporary storage magazine(s).

All other provisions of 27 CFR Part 555 must be complied 

with as prescribed.

Held further, this ATF-approved alternate method or procedure 

for the temporary storage of display fireworks in locked and 

attended vehicles shall not expire unless the holder of said 

variance is so advised by ATF or no longer holds a Federal 

explosives license or permit.

Date approved: January 18, 2007

17. 18 U.S.C. 842(j): Storage of Explosives

27 CFR 555.211(a): Immobilization of Outdoor 

Type 5 Mobile Storage Magazines

27 CFR 555.215: Housekeeping

27 CFR 555.22: Alternate Methods or 

Procedures; Emergency Variations from 

Requirements

Under specified conditions, blasting agents may 

be stored in mobile type 5 magazines (bulk delivery trucks) without meeting the prescribed immobilization requirements of 27 CFR 555.211.

ATF Ruling 2007–3

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received inquiries from members of the explosives 

industry concerning the preloading and temporary storage of 

blasting agents on bulk delivery vehicles.

The Federal explosives laws, 18 U.S.C. Chapter 40, require all 

persons to store explosive materials in a manner in conformity 

with regulations issued by the Attorney General. 18 U.S.C. 

842(j). The Attorney General has delegated his authority to 

administer and enforce the Federal explosives laws to the 

Director, ATF. 28 CFR 0.130. Regulations in 27 CFR Part 555 

implement the provisions of the Federal explosives laws.

The regulation at 27 CFR 555.211(a)(1) states, in part, 

“[o]utdoor magazines are to be weather-resistant and theftresistant.” This section further states, “[w]hen unattended, vehicular magazines must have wheels removed or otherwise be 

effectively immobilized by kingpin locking devices or other 

methods approved by the Director.”

The regulation at 27 CFR 555.215 states, in part, “[v]olatile 

materials are to be kept a distance of not less than 50 feet from 

outdoor magazines.”

The regulation at 27 CFR 555.22 allows for the approval and 

use of an alternate method or procedure in lieu of a method or 

procedure specifically prescribed in Part 555. ATF may approve 

an alternate method or procedure when it is found that—

(1) Good cause is shown for the use of the alternate 

method or procedure;

(2) The alternate method or procedure is within the 

purpose of, and consistent with the effect intended by, the 

specifically prescribed method or procedure and that the 

alternate method or procedure is substantially equivalent to that 

specifically prescribed method or procedure; and

(3) The alternate method or procedure will not be contrary 

to any provision of law and will not result in an increase in cost 

to the Government or hinder the effective administration of 27 

CFR Part 555.

ATF has approved a significant number of variances for an 

alternate means of immobilizing preloaded bulk delivery 

vehicles when some additional security measures were put in 

place.

Bulk delivery vehicles are routinely utilized for on-site 

delivery of blasting services. Often these trucks contain a 

blasting agent as defined under 27 CFR 555.11. Utilization of 

these bulk products delivered on-site and used immediately has 

increased safety and security by reducing the number of 

remotely located storage trailers containing packaged blasting 

agent products. These delivery vehicles generally leave the 

explosives storage locations at unusual times of day or night, 

and for safety reasons they are loaded the day before for next 

day’s delivery. These trucks are incapable of being disabled by a 

kingpin locking device, and the requirement to remove the 

wheels for immobilization is obviously not feasible. 

Additionally, there are times when explosive material remains 

on the vehicle when it returns from use. Most of these products 

degrade during handling therefore, removing them from the bulk 

vehicle would not be an option.

One of the major dangers surrounding explosives is fire. 

Therefore, the regulations at 27 CFR 555.215 require that 

volatile materials be maintained a distance of not less than 50 

feet from outdoor explosive storage magazines. Because these 

preloaded storage vehicles contain a fuel tank filled with 

volatile materials, they must remain in an area protected from 

fire such as gravel, paved, or closely mowed designated parking 

area.

ATF believes that the following alternate method of operation 

is substantially equivalent to the prescribed methods. Increased 

safety for employees and the public provides good cause for this 

alternate method. It is not contrary to law and will not result in 

any increased cost to the Government. Overall, ATF believes 

allowing for this flexibility assists with the effective administration of 27 CFR Part 555.
87

Held, ATF will approve alternate methods or procedures for 

the preloading and temporary storage of bulk blasting agents in 

delivery vehicles at explosive magazine site(s), when the 

security and immobilization meets the following criteria:

1. All doors on the vehicle are locked, the ignition key is 

removed, and the key is secured away from the truck.

2. When the site is not in operation, outer perimeter 

security is established. This may be by a variety of means such 

as a locked gate, security guards, fence, natural features, or a 

combination of these.

3. Each potential access point to explosive materials on a 

storage vehicle will be secured with a minimum of one padlock 

that has at least five tumblers and casehardened shackle of at 

least 3⁄8" diameter.

4. Each vehicle shall be immobilized through the use of a 

steering wheel locking device, lockable battery disconnect 

switch, or both.

5. All vehicles preloaded with blasting agents shall be 

parked in a company designated area not susceptible to fire 

propagation such as bare dirt, gravel, rock, paving, or closely 

mowed parking lot.

All other provisions of 27 CFR Part 555 must be complied 

with as prescribed.

Held further, licensees and permittees who wish to use the 

alternate method or procedure set forth in this ruling are not 

required to obtain advance approval in accordance with 27 CFR 

555.22.

Held further, this ATF-approved alternate method or procedure for the temporary storage of bulk blasting agent products in 

locked and properly secured vehicles shall not be withdrawn 

unless the holder of said variance is so advised by ATF in 

writing or no longer holds a Federal explosives license or 

permit.

Date approved: January 26, 2007

18. 18 U.S.C. 842(j): Storage of Explosives

18 U.S.C. 845(a): Exceptions; Relief from 

Disabilities

27 CFR 555.22: Alternate Methods or 

Procedures

27 CFR 555.29: Unlawful Storage

27 CFR 555.141: Exemptions

27 CFR 555.205: Movement of Explosive 

Materials

Under specific conditions, State and local 

bomb technicians and explosives response 

teams may store a limited amount of explosive 

materials within official response vehicles.

ATF Ruling 2009–3

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received requests from State and local law enforcement agencies to store explosive materials overnight in official 

response vehicles. The agencies assert that authorization for this 

alternate storage procedure would increase public safety and 

ensure that their responses to critical incidents are conducted 

more efficiently. Explosive storage magazines are often located 

several miles away from a response vehicle’s location. Without a 

storage variance, prior to reporting to a critical incident, State 

and local bomb technicians and explosives response teams are 

often required first to travel to the explosive storage magazine 

location, retrieve the necessary explosive materials required to 

perform their duties, and then proceed to the incident scene. 

This situation may hinder the agency’s ability to rapidly respond 

to critical incidents.

Under Title 18, United States Code (U.S.C.), Section 842(j), 

all persons must store explosive materials in compliance with 

the regulations issued by the Attorney General. The Attorney 

General has delegated the authority to administer and enforce 

the Federal explosives laws to the Director, ATF. The regulations 

contained within Title 27, Code of Federal Regulations (CFR), 

Part 555 implement the provisions of the Federal explosives 

laws. Section 555.205 provides that all explosive materials must 

be kept in locked magazines meeting the standards in Part 555, 

Subpart K, unless they are in the process of manufacture, being 

physically handled in the operating process of a licensee or user, 

being used, or being transported to a place of storage or use by a 

licensee or permittee or by a person who has lawfully acquired 

explosive materials under Section 555.106. State and local 

governments are not exempt from the requirement to store 

explosives in conformity with ATF regulations.

The regulations at 27 CFR 555.22 allow the Director, ATF, to 

approve the use of an alternate method or procedure in lieu of a 

method or procedure specifically prescribed in Part 555. ATF 

may approve an alternate method or procedure when: (1) Good 

cause is shown for the use of the alternate method or procedure; 

(2) The alternate method or procedure is within the purpose of, 

and consistent with the effect intended by, the specifically 

prescribed method or procedure and that the alternate method or 

procedure is substantially equivalent to that specifically 

prescribed method or procedure; and (3) The alternate method 

or procedure will not be contrary to any provision of law and 

will not result in an increase in cost to the Government or hinder 

the effective administration of 27 CFR Part 555.

ATF finds that, provided certain conditions are met, there is 

good cause for authorizing storage of explosive materials in 

official response vehicles. For purposes of this ruling, the term 

“official response vehicle” is limited to State and local law 

enforcement department-issued vehicles specially designated for 

use by bomb technicians and explosives response teams. 
88

Allowing State and local bomb technicians and explosives 

response personnel the flexibility to store explosive materials 

overnight in official response vehicles, whether or not attended, 

would increase public safety and facilitate quick and efficient 

incident response and law enforcement operations. In addition, 

ATF finds that the additional security protocols provided in this 

ruling, such as enhanced storage security features, limited overall 

explosive materials load, magazine inspections, and increased 

inventory requirements are consistent with the effect intended by, 

and are substantially equivalent to, the specifically prescribed 

methods and procedures prescribed in Part 555, Subpart K. 

Further, this alternate method is not contrary to any provision of 

law, will not increase costs to ATF, and will not hinder the 

effective administration of the regulations.

Held, State and local bomb technicians and explosives 

response teams may store explosive materials in official response 

vehicles parked inside a secured building, provided the conditions set forth below are met at all times. A building is considered 

“secured” if it is a law enforcement or other government facility 

not accessible by unauthorized personnel. A secured building has 

law enforcement or other government personnel present at all 

times, or the building has an additional security feature such as 

an alarm, camera, or card entry system.

(1) Official response vehicles and buildings must be locked 

and secured at all times when not in use; and

(2) No more than 50 pounds Net Explosives Weight total 

may be stored in each building. This means that the combined 

Net Explosives Weight stored in official response vehicles and 

other explosives storage magazines located in the building may 

not exceed 50 pounds. Note that the Net Explosives Weight of 

explosive materials stored is not to be confused with the TNT 

equivalency weight of explosive materials.

Held further, State and local bomb technicians and explosives 

response teams may store explosive materials in unattended, 

official response vehicles parked at an outdoor location, provided 

the conditions set forth below are met at all times. The outdoor 

location may be an unsecured area accessible by civilians or 

unauthorized personnel.

(1) When not in use, official response vehicles must be 

locked at all times and have at least one additional security 

feature, such as a vehicle alarm, vehicle tracking device, or 

vehicle immobilization mechanism, or other equivalent alternative; and 

(2) Official response vehicles located at an outdoor 

location may not store explosive materials in excess of:

(i) 20 detonators (electric, non-electric, or 

electronic); and 

(ii) 2.5 pounds Net Explosives Weight of all other 

explosive materials.

Note that the above list does not limit the amount of disruptor 

ammunition or unmixed binary explosives carried on a response 

vehicle.

Held further, all State and local law enforcement agencies 

intending to store explosive materials in official response 

vehicles, whether attended or unattended, must meet the following 

criteria at all times:

(1) Explosive materials must be stored in at least a Type-3 

magazine;

(2) Magazines must be secured with one steel padlock 

(which need not be protected by a steel hood) having at least five 

tumblers and a case-hardened shackle of at least 3⁄8" diameter. 

Alternatively, the magazine may be secured by placing it inside a 

locked compartment within the vehicle designed to meet law 

enforcement construction standards for weapons storage within 

the vehicle;

(3) Agencies must securely bolt or otherwise affix the 

magazines, or the locked compartments in which the magazines 

are stored, to the vehicle. Nuts must be located on the inside of 

the magazine or compartment where they cannot be removed 

from the outside. The nuts must be covered with a non-sparking 

material, such as epoxy paint or plywood;

(4) If a magazine placed in a vehicle uses a secondary 

locking system containing a chain or cable and a padlock, the 

agency need not bolt it to the trunk or cargo area of the vehicle or 

lock it with one steel padlock. Rather, the agency must close and 

stabilize the magazine securely within the trunk or cargo area of 

the vehicle using the secondary lock’s chain or cable and padlock;

(5) Agencies may store detonators in the same magazine as 

delay devices, electric squibs, safety fuse, igniters, igniter cord, 

and shock tube, but not in the same magazine with other explosive materials;

(6) Agencies may not store any amount of loose or freeflowing explosive powders, irrespective of the packaging configuration. This does not prohibit the transport of necessary amounts 

of black or smokeless powders for use at specifically planned 

operations or the transport of seized black or smokeless powders 

as a result of operations;

(7) Agencies may not store any tools or other metal devices 

in the same magazine as the explosive materials;

(8) Officers storing explosive materials within official 

response vehicles must maintain an inventory storage record. The 

record must contain the name of the explosive material’s manufacturer, the quantity on hand, and the dates that the materials are 

received, removed, or used. Officers must maintain a copy of this 

record within the vehicle and at an off-site location, such as with 

the Bomb Squad Commander;

(9) Officers must conduct a quarterly inventory of the 

explosive materials on hand and compare it to the inventory 

storage record. Officers must note this inventory in the inventory 

storage record;

(10) Officers must inspect the magazine once every 7 days to 

determine whether there has been any attempted or unauthorized 

entry into the magazine, or unauthorized removal of the contents 

stored in the magazine; and 
89

(11) In the event of the theft or loss of explosive materials, 

law enforcement officers must report the theft or loss to ATF 

within 24 hours of discovery by calling 1-800-800-3855 and 

completing an ATF Form 5400.5, Report of Theft or Loss of 

Explosive Materials. You may obtain this form from the ATF 

Distribution Center by calling 301-583-4696, or through the ATF 

website at http://www.atf.gov/forms/download/atf-f-5400-5.pdf.

Any other alternate methods or procedures not permitted by 

this ruling may be requested through a variance request addressed 

to the ATF Explosives Industry Programs Branch (EIPB). 

Requests may be made by sending an email to EIPB@atf.gov or 

letter to:

Explosives Industry Programs Branch 

Bureau of Alcohol, Tobacco, Firearms and Explosives 

99 New York Avenue, NE. 

Mailstop 6E403 

Washington, DC 20226

To request a copy of ATF’s Federal Explosives Laws and 

Regulations, ATF P 5400.7, you may contact the ATF Distribution 

Center at 301-583-4696, or your local ATF office. You may also 

download a copy of this publication from ATF’s website at 

http://www.atf.gov/publications/explosives-arson/.

Date approved: June 19, 2009

19. 18 U.S.C. 842(j): Storage of Explosive 

Materials

27 CFR 555.22: Alternate Methods or Procedures

27 CFR 555.214(b): Storage within Types 1, 2, 3, 

and 4 Magazines

ATF authorizes an alternate method or procedure from the explosive materials visible marks 

storage requirement of 27 CFR 555.214(b). 

Specifically, ATF authorizes Federal explosives 

licensees and permittees to store in magazines 

containers of explosive materials so that marks 

are not visible, provided all of the requirements 

stated in this ruling are met.

ATF Ruling 2010–2

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received questions from Federal explosives licensees 

and permittees (licensees and permittees) regarding the requirements under 27 CFR 555.214(b) pertaining to the storage of 

containers of explosive materials in magazines.

Licensees and permittees have informed ATF that it is often 

impractical to store explosive materials in such a way that the 

label on each container of explosive materials is visible. They 

have advised ATF that common industry practices—developed to 

maximize efficiencies of labor and space—often rely on storage 

configurations in which the labels on some containers of explosive materials are not visible.

For example, multiple containers of explosive materials may be 

stacked on pallets for shipment from an importer, manufacturer, 

or distributor. While such a stacked-pallet arrangement of 

explosive materials may be beneficial for shipping purposes, the 

arrangement does not lend itself to easy access to and identification of every container within a stacked formation on a pallet. 

More specifically, explosive materials containers positioned in 

the center of the pallet are not readily visible and therefore the 

labels and marks on such containers moved into a magazine on a 

shipping pallet are not visible when inventory is conducted.

Similarly, magazine space limitations may compel licensees 

and permittees to arrange containers of explosive materials in 

consecutive rows, with little or no space between the rows. As a 

result, and similar to the cube-pallet arrangement, the labels and 

marks on the containers of explosive materials that are not at the 

front of such stacked consecutive rows are not visible for inspection.

The Federal explosives laws, at Title 18, United States Code 

(U.S.C.), Chapter 40, require all persons to store explosive 

materials in a manner in conformity with regulations issued by 

the Attorney General. Under 28 CFR 0.130(a), the Attorney 

General has delegated his authority to administer and enforce the 

Federal explosives laws to the Director of ATF. The regulations in 

27 CFR Part 555 implement the provisions of the Federal 

explosives laws. The regulation at 27 CFR 555.214(b) states: 

“Containers of explosive materials are to be stored so that marks 

are visible. Stocks of explosive materials are to be stored so they 

can be easily counted and checked upon inspection.” Marks 

include, among other information, the manufacturer’s name and 

date/shift code.

Licensees and permittees may seek approval from ATF to use 

an alternate method or procedure in lieu of a method or procedure 

specifically prescribed in the regulations. Federal regulations at 

27 CFR 555.22 provide that the Director of ATF may approve an 

alternate method or procedure, subject to stated conditions, when 

he finds that: (1) good cause is shown for the use of the alternate 

method or procedure; (2) the alternate method or procedure is 

substantially equivalent to, within the purpose of, and consistent 

with the effect intended by, the specifically prescribed method or 

procedure; and (3) it will not be contrary to any provision of law 

and will not result in an increase in cost to the Government or 

hinder the effective administration of 27 CFR Part 555.

ATF recognizes that, provided certain conditions are met, 

stocks of the same explosive materials with identical marks can 

be stored so that even though all marks on containers are not 

visible, the stocks can still be counted and checked upon inspection to readily disclose the information required for inventory and 

inspection. ATF has determined that explosive materials storage 
90

consistent with these practices complies with the underlying 

purpose of the regulation at 27 CFR 555.214(b) so long as: (1) 

the explosive materials containers stored in close proximity to 

each other are the same explosive materials with identical marks; 

and (2) the stocks of explosive materials can reasonably be 

accessed, counted, and checked upon inspection in accordance 

with 27 CFR 555.214(b). This storage configuration is acceptable 

because: (1) an accurate accounting can be conducted with 

minimal movement of explosive materials; and (2) randomly 

sampling several containers with identical marks to verify that 

the explosive materials are the same does not impose a significant burden on the ATF official who conducts the inventory.

A mixed storage configuration is one in which stacked 

containers hold different quantities, sizes and/or types of explosive materials; or hold the same quantities, sizes and types of 

explosive materials, but are labeled with different date/shift 

codes. In these configurations, the containers are often stacked so 

that the labels on some of the containers are hidden from view by 

other stacked containers. ATF has determined that such a mixed 

storage configuration is acceptable so long as: (1) the licensee or 

permittee maintains and keeps available for inspection an 

accurate, complete, and updated list of all the explosive materials 

on the pallet or in the stacked group, including the marks for each 

container (manufacturer’s name or brand name and date/shift 

code), and the quantity and description (type of explosive 

materials); and (2) the licensee or permittee ensures that the 

stocks of explosive materials can reasonably be accessed, 

counted, and checked upon inspection in accordance with 27 

CFR 555.214(b). This storage configuration is acceptable 

because: (1) an accurate accounting can be conducted with 

minimal movement of explosive materials; and (2) randomly 

sampling several containers to verify the accuracy of the list does 

not impose a significant burden on the ATF official who conducts 

the inventory.

The purpose of the regulation at 27 CFR 555.214(b) is to 

ensure that explosive materials inventories can be efficiently 

conducted by the licensee or permittee and by ATF officials 

during an inspection while minimizing the movement of explosive materials during such inventory and inspection activities. In 

storage scenarios like those described above, under the conditions 

set forth in this ruling, the fact that the marks on some containers 

are not immediately and readily visible does not negatively affect 

the ability of the ATF official or the licensee or permittee to 

conduct an inventory verification. ATF therefore finds there is 

good cause to authorize a variance from the provisions of 27 CFR 

555 that require the marks on all containers of explosive materials stored in magazines to be visible. Further, this alternate 

method or procedure is not contrary to any provision of law, will 

not increase costs to ATF, and will not hinder the effective 

administration of the regulations.

Held, licensees and permittees may store in their magazines 

containers of explosive materials that have identical marks on the 

labels, such that the labels on some of the containers are not 

readily visible, so long as the stocks of explosive materials can 

reasonably be accessed, counted, and checked upon inspection in 

accordance with 27 CFR 555.214(b).

Held further, licensees and permittees may store in their 

magazines containers of different explosive materials, or containers of the same explosive materials with different date/shift codes 

on the labels, such that the labels on some of the containers are 

not readily visible, so long as the licensee or permittee: (1) 

maintains and keeps available for inspection an accurate, 

complete, and updated list of all the explosive materials on the 

pallet or in the stacked group, including the marks for each 

container (manufacturer’s name or brand name and date/shift 

code), and the quantity and description (type of explosive 

materials); and (2) ensures that the stocks of explosive materials 

can reasonably be accessed, counted, and checked upon inspection in accordance with 27 CFR 555.214(b).

Date approved: June 4, 2010

20. 18 U.S.C. 842(j): Storage of Explosives

27 CFR 555.22: Alternate Methods or Procedures

27 CFR 555.205: Movement of Explosive 

Materials

ATF authorizes an alternate method or procedure from the provisions of 27 CFR 555.205 requiring the storage of explosive devices inside a 

locked magazine. Specifically, ATF authorizes 

explosives licensees and permittees to store 

loaded perforating guns outside of a locked 

magazine provided all of the requirements stated 

in this ruling are met.

ATF Ruling 2010–7

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received requests from members of the explosives 

industry for permission to store loaded perforating guns, which 

contain explosive materials, outside of a locked magazine. 

Perforating guns are used primarily to pierce oil and gas wells 

in preparation for production operations. Industry members who 

use perforating guns assemble each perforating gun to meet a 

specific purpose and function depending on oil or gas well 

conditions. Each perforating gun assembly can measure up to 70 

feet in length and weigh in excess of 150 pounds when loaded 

with explosives. Perforating gun assemblies are commonly 

housed within hollow thick-walled steel tubes and contain shaped 

charges that explode to pierce the well. Each individual shaped 

charge typically contains between 25 and 45 grams of high 

explosives and is initiated by detonating cord and a detonator. 

Although detonators are commonly attached to the assembly 

immediately prior to down-hole loading at the job site, perforating guns are sometimes armed with detonators upon assembly. 
91

During transportation of perforating guns, Department of 

Transportation regulations require a detonator interrupter device 

to be placed between the detonators and detonating cord, which 

prevents the possibility of an unintended initiation. 

An oil or gas well operation may urgently need perforating 

guns due to the varying conditions within the well operations. 

Assembling the guns at the worksite, often under unsafe or 

adverse conditions, can significantly delay operations and place 

workers at risk. In addition, waiting until perforating guns are 

needed before beginning the assembly operation would result in 

costly delays for the well operator. To facilitate perforating 

operations and meet job demands, many perforating gun operators maintain a fixed amount of preloaded perforating gun 

assemblies that can be used on short notice.

Preloaded perforating guns are generally assembled by affixing 

open-faced shaped charges and detonating cord within a steel 

tube carrier and then sealing the ends of the tube. Sealing the 

tube protects the explosives from accidental damage, discharge, 

or unauthorized removal. The shaped charges sealed in the carrier 

assembly perforate the steel tube during initiation within the well. 

Some perforating gun assemblies, however, have pressure-sealed 

shaped charges on metallic strips or wires that do not require 

steel tube housings. 

Under Federal law, Title 18, United States Code, Section 842(j), 

all persons must store explosive materials, to include explosive 

devices, in compliance with regulations issued by the Attorney 

General. The Attorney General has delegated the authority to 

administer and enforce the Federal explosives laws to the 

Director, ATF. The regulations promulgated by ATF to implement 

the provisions of the Federal explosives laws are codified at Title 

27, Code of Federal Regulations (CFR), Part 555. The regulation 

at 27 CFR 555.205 requires that “[a]ll explosive materials must 

be kept in locked magazines meeting the standards in this subpart 

unless they are: (a) In the process of manufacture; (b) Being 

physically handled in the operating process of a licensee or user; 

(c) Being used; or (d) Being transported to a place of storage or 

use by a licensee or permittee or by a person who has lawfully 

acquired explosive materials under §555.106.”

Under 27 CFR 555.22, ATF may approve the use of an alternate method or procedure in lieu of a method or procedure 

specifically prescribed in Part 555. ATF may approve an alternate 

method or procedure when: (1) Good cause is shown for the use 

of the alternate method or procedure; (2) The alternate method or 

procedure is within the purpose of, and consistent with the effect 

intended by, the specifically prescribed method or procedure and 

that the alternate method or procedure is substantially equivalent 

to that specifically prescribed method or procedure; and (3) The 

alternate method or procedure will not be contrary to any 

provision of law and will not result in an increase in cost to the 

Government or hinder the effective administration of Part 555. 

Perforating guns are generally assembled within a building or 

shop that contains the tools and materials necessary to safely 

prepare each perforating gun. Once assembled, the length and 

weight of preloaded perforating guns often make it difficult or 

impossible to store them within an explosives magazine as 

prescribed under the regulations. Moreover, because many 

perforating gun assemblies are housed within metal tubes, these 

assemblies create an unnecessary sparking hazard to other 

explosives contained within an explosives magazine. 

Further, on occasion, operators must return unused loaded 

perforating gun assemblies from a jobsite to their business 

premises due to inclement weather conditions or jobsite changes. 

Without approved alternate storage areas, operators would be 

forced to disassemble the loaded perforating guns and remove the 

individual explosive products to a magazine, which can significantly increase the safety risk to operators. Allowing the storage 

of loaded perforating guns in alternate secure areas greatly 

decreases the chance of an accident occurring due to unsafe or 

adverse conditions at the jobsite and the need for operators to 

handle and move loaded perforating guns repeatedly between the 

assembly area and the magazine. Additionally, the length and 

weight of loaded perforating guns can make them difficult to steal 

when stored outside a magazine. For these reasons, ATF has 

issued numerous variances to operators allowing the storage of 

preloaded perforating guns inside a secure building or at an 

outdoor location subject to certain conditions. 

Allowing the storage of preloaded perforating guns in secure 

buildings or areas outside a magazine will increase worker safety, 

provided certain conditions are met, and will likely not result in 

increased risk of theft. For these reasons, ATF finds that there is 

good cause for authorizing a variance from the provisions of 27 

CFR 555.205 requiring the storage of these explosive devices 

inside a locked magazine. ATF further finds that the additional 

security measures provided in this ruling as a condition of the 

alternate storage methods and procedures provided below, are 

consistent with the effect intended by, and are substantially 

equivalent to, the methods and procedures prescribed in Part 555, 

Subpart K. Further, the alternate method or procedure authorized 

by this ruling is not contrary to any provision of law, will not 

increase costs to ATF, and will not hinder the effective administration of the regulations. 

Federal explosives licensees (FELs) or Federal explosives 

permittees (FEPs) may store perforating guns in areas outside of 

locked magazines, whether located indoors or outdoors, provided 

all of the following conditions are met at all times: 

1. Loaded perforating gun assemblies armed with detonators or initiating devices must contain a detonator interrupter 

device.

2. A handling cap, plug, or other closure device must be 

installed on both ends of loaded hollow type carrier guns. 

Perforating guns with exposed explosive components (e.g., those 

that consist of sealed charges mounted on strips or wires, and that 

are not mounted in a carrier assembly, must be secured so as to 

prevent the unauthorized removal of explosives (e.g., storage 

within a locked room inside a building, storage within a transportation carrier or other protective housing assembly). 
92

3. Impact wrenches or other tools that could be used to 

disassemble the loaded perforating guns must be kept separate 

and secured from the loaded perforating guns to prevent unauthorized removal of the explosive materials.

4. The government authority having jurisdiction over fire 

safety in the locality in which the loaded perforating guns are 

being stored must be notified of the location of the loaded 

perforating guns. 

5. All buildings, areas, or vehicles containing pre-loaded 

perforating guns must be visually inspected at least once every 

three calendar days. This inspection must be sufficient to determine whether there has been unauthorized entry or attempted 

entry into the building, area, or vehicle, or unauthorized removal 

of the perforating gun assemblies from a building, area, or 

vehicle. 

6. A daily summary of magazine transactions (27 CFR 

555.127) must be maintained for each area, building, or vehicle 

that contains loaded perforating guns. Quantity entries may be 

expressed as the number of individual perforating guns stored 

within each separate area, building, or vehicle. Information as to 

the quantity and description of explosive products contained 

within each individual perforating gun shall be provided to any 

ATF officer on request. 

7. The local ATF office must be notified in writing no less 

than three (3) Federal business days prior to utilizing an alternate 

storage building, area, or vehicle pursuant to this ruling. The 

written notification submitted to ATF must contain, at a minimum, the following information: 

The FEL or FEP’s name;

The FEL or FEP number;

The location of alternate storage;

The FEL or FEP’s contact information, including, at a 

minimum, the name of a person designated as the FEL or FEP’s 

point of contact for the notification, as well as the address, 

telephone and facsimile number, and, if available, email address; 

and

Any other information concerning the alternate 

storage or items stored that ATF may require.

8. The licensee or permittee desiring to store perforating 

guns in areas outside of magazines subject to the conditions of 

this ruling should maintain a copy of its submission to ATF of the 

information required (Item #7, above) with its permanent records. 

The licensee or permittee should also retain proof of its submission (e.g., certified return receipt mail, tracking receipt, or other 

printed verification). 

9. All other provisions of 27 CFR Part 555 must be 

complied with as prescribed.

If the loaded perforating guns are stored in an indoor location, 

the following additional conditions must be met at all times: 

a.

b.

c.

d.

e.

1. No more than 50 pounds of explosives may be stored 

inside any facility used for indoor explosives storage. This means 

that the combined net explosives weight contained in magazines 

and outside of magazines in any one building must not exceed 50 

pounds. 

2. All loaded perforating guns must either lie flat on the 

floor or be placed in stable racks to prevent accidental movement 

or discharge. 

3. The building in which the loaded perforating guns are 

stored must be securely locked or attended by FEL/FEP responsible persons or employee possessors. 

If the loaded perforating guns are stored in an outdoor location, 

the following additional conditions must be met at all times: 

1. The perimeter of the area containing loaded perforating 

guns must be secured by a security fence with a locked gate or 

the entire facility must be completely enclosed by a security 

fence with each entrance point secured at all times by a locked 

gate. For the purpose of this ruling, the security fence must be a 

minimum of 6 feet high and have firmly anchored posts to ensure 

its structural stability. The gate must be secured with a padlock 

that has at least five tumblers and a case-hardened or boron alloy 

shackle of at least 3

⁄8" diameter.

2. Loaded perforating guns may be stored on a vehicle or 

trailer provided all doors are locked. The vehicle or trailer must 

be immobilized by a standard kingpin locking device, steering 

wheel locking device, or lockable battery disconnect. The ignition key must be removed from the vehicle and secured away 

from the vehicle.

3. All vehicles loaded with perforating guns must be 

parked in an area not susceptible to fire propagation such as bare 

dirt, gravel, rock, paving, or closely mowed grass. 

4. No more than 200 loaded perforating guns or 2,500 

pounds of net explosive weight may be kept outside a magazine. 

Each outdoor area or vehicle containing loaded perforating guns 

must comply with the table of distances requirements set forth in 

27 CFR 555.218. 

5. The loaded perforating guns may be stored in a covered 

or uncovered area as long as the guns are placed flat on a concrete or paved floor, offshore well tool pallets, or placed on 

permanently mounted racks to prevent accidental movement or 

discharge. 

6. Loaded perforating guns that have exposed explosives 

that are not contained within a secure tube (e.g., tube-less strips 

or wire guns) may not be stored in an outdoor location.

Once the licensee or permittee has submitted the necessary 

documentation to ATF pursuant to this ruling, and complied with 

all other conditions set forth in this ruling, no separate, individual 

variance approval from ATF is required, and the licensee or 

permittee may store perforating guns in areas outside of magazines. Licensees and permittees must still abide by all other 

provisions relating to the storage of explosives. 
93

Held, pursuant to 27 CFR 555.22, ATF authorizes an alternate 

method or procedure from the provisions of 27 CFR 555.205 

requiring the storage of explosive devices inside a locked 

magazine. Specifically, ATF authorizes explosives licensees and 

permittees to store loaded perforating guns outside of a locked 

magazine provided all of the requirements stated in this ruling 

have been met.

Held further, if ATF finds that a licensee or permittee has 

failed to abide by the conditions of this ruling, or uses any 

procedure that hinders the effective administration of the explosives laws or regulations, ATF may notify the licensee or permittee that the licensee or permittee is no longer authorized to store 

perforating guns outside of a locked magazine under this ruling.

Date approved: November 24, 2010

21. 18 U.S.C. 842(j): Storage of Explosives 

27 CFR 555.22: Alternate Methods or Procedures 

27 CFR 555.211(a)(4): Locking Requirements of 

Type 5 Magazines 

ATF authorizes an alternate method or procedure from the provisions of 27 CFR 555.211(a)(4) 

requiring the storage of explosives in outdoor 

type 5 magazines with doors equipped with the 

requisite locks. Specifically, ATF authorizes explosives licensees and permittees to store bulk 

blasting agents in outdoor type 5 bin or silo 

magazines without the specified locks provided 

all of the requirements stated in this ruling have 

been met. 

ATF Ruling 2011–2 

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received numerous requests from Federal explosives 

licensees and permittees for variances from the locking requirements for outdoor type 5 bin and silo storage magazines. 

Outdoor type 5 bin and silo magazines are used to store bulk 

blasting agents, typically bulk emulsion and ammonium nitratefuel oil (ANFO). Due to the nature of these bulk explosive 

materials, they cannot be stored in magazines with conventional 

doors that are easily padlocked and hooded. Instead, bulk blasting 

agents must be stored in magazines with filling and discharge 

systems that have small openings that are secured and controlled 

by hatches, valves, and nozzles. It is impractical to retrofit the 

locks used on these magazines with hoods because of the 

configuration of the filling and discharge systems. Additionally, 

access points, including ladders and hatch openings, cannot be 

hooded or secured with two padlocks without impeding access to 

the magazine. 

Outdoor type 5 bin and silo magazines are also inherently less 

susceptible to theft than conventional magazines due to their 

design. Bin and silo access points are small, and entry to the top 

of the magazine can only be gained using a pull-down ladder. The 

discharge valve is typically located on the underside of the bin, 

making it difficult to access. Additionally, the nature of the bulk 

blasting agents stored in these types of magazines makes them 

more difficult to steal than packaged explosives products. They 

are difficult to remove from the bins or silos due to the height of 

a common silo and the lack of packaging for bulk products. For 

these reasons, pursuant to an ATF—approved variance, licensees 

and permittees generally use alternate locking configurations on 

their type 5 bin or silo magazines, subject to certain conditions. 

Under Federal law, Title 18, United States Code, section 842(j), 

all persons must store explosive materials in compliance with 

regulations issued by the Attorney General. The Attorney General 

has delegated the authority to administer and enforce the Federal 

explosives laws to the Director, ATF. The regulations promulgated 

by ATF to implement the provisions of the Federal explosives 

laws are codified at Title 27, Code of Federal Regulations (CFR), 

Part 555. 

The regulation at 27 CFR 555.211(a)(4) addresses the locking 

requirements of outdoor type 5 magazines, providing that “[e]ach 

door is to be equipped with (i) two mortise locks; (ii) two 

padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that 

requires two keys to open; or (v) a three-point lock. Padlocks 

must have at least five tumblers and a case-hardened shackle of at 

least 3

⁄8" diameter. Padlocks must be protected with not less than 1

⁄4" steel hoods constructed so as to prevent sawing or lever action 

on the locks, hasps, and staples.” 

Licensees and permittees may seek approval from ATF to use 

an alternate method or procedure in lieu of a method or procedure specifically prescribed in the regulations. Federal regulations at 27 CFR 555.22 provide that the Director of ATF may 

approve an alternate method or procedure, subject to stated 

conditions, when he finds that: (1) good cause is shown for the 

use of the alternate method or procedure; (2) the alternate method 

or procedure is substantially equivalent to, within the purpose of, 

and consistent with the effect intended by, the specifically 

prescribed method or procedure; and (3) it will not be contrary to 

any provision of law and will not result in an increase in cost to 

the Government or hinder the effective administration of 27 CFR 

Part 555. 

ATF finds that there is good cause for licensees and permittees 

to store bulk blasting agents in outdoor type 5 bin or silo magazines with doors not equipped with the requisite locks. Due to the 

nature of bulk blasting agents, it is difficult for licensees and 

permittees to comply with the locking requirements of section 

555.211(a)(4). Further, the design of outdoor type 5 bin and silo 

magazines, and the inaccessibility of the bulk blasting agents 

stored within them, provides protection from theft and loss that is 
94

substantially equivalent to the requirements of section 555.211 

(a)(4), provided certain conditions are met. This alternate method 

or procedure is also not contrary to any provision of law, will not 

increase costs to ATF, and will not hinder the effective administration of the regulations. 

Federal Explosives Licensees (FELs) or Federal Explosives 

Permittees (FEPs) may store bulk blasting agents in outdoor type 

5 bin or silo magazines with doors not equipped with the requisite locks, provided all of the following conditions are met at all 

times: 

1. When not in operation, adequate security that restricts 

outer perimeter access must be provided. The use of a locked 

gate, security guards, fences, or a combination of these measures 

may be used. 

2. Each outdoor bin or silo must be secured with at least 

one five tumbler padlock with a case-hardened shackle of at least 3

⁄8" diameter on the top hatch, the valves at the loading ports and 

points of discharge, and the elevated ladder to prevent anyone 

from climbing onto bins or silos. 

3. Blasting agent storage silos and bins must meet all other 

construction requirements of type 5 magazines as described in 

27 CFR 555.211. 

All other provisions of 27 CFR Part 555 must be complied with 

as prescribed. 

Once the licensee or permittee has complied with all conditions 

set forth in this ruling, no separate, individual variance approval 

from ATF is required, and the licensee or permittee may store 

bulk blasting agents in outdoor type 5 bin or silo magazines with 

doors not equipped with the requisite locks. 

Held, pursuant to 27 CFR 555.22, ATF authorizes an alternate 

method or procedure from the provisions of 27 CFR 

555.211(a)(4) requiring the storage of explosives in outdoor type 

5 magazines with doors equipped with the requisite locks. 

Specifically, ATF authorizes explosives licensees and permittees 

to store bulk blasting agents in outdoor type 5 bin or silo magazines without the specified locks provided all of the requirements 

stated in this ruling have been met. 

Held further, if ATF finds that a licensee or permittee has 

failed to abide by the conditions of this ruling, or uses any 

procedure that hinders the effective administration of the explosives laws or regulations, ATF may notify the licensee or permittee that the licensee or permittee is no longer authorized to utilize 

this alternate method or procedure. 

Date approved: February 18, 2011

22. 18 U.S.C. 842(j): Storage of Explosives 

27 CFR 555.22: Alternate Methods or Procedures 

27 CFR 555.207: Construction of Type 1 

Magazines 

27 CFR 555.208: Construction of Type 2 

Magazines

27 CFR 555.209: Construction of Type 3 

Magazines

27 CFR 555.210: Construction of Type 4 

Magazines

27 CFR 555.211: Construction of Type 5 

Magazines

ATF authorizes an alternate method or procedure from the provisions of 27 CFR Part 555, 

Subpart K, requiring the storage of explosives in 

magazines with doors equipped with the requisite 

locks. Specifically, ATF authorizes explosives 

licensees and permittees to secure explosives 

magazines with hidden-shackle “hockey puck” 

locks, recessed padlocks, and padlocks with 

boron alloy shackles, provided all of the requirements stated in this ruling have been met. 

ATF Ruling 2011–3 

The Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) has received requests from members of the explosives 

industry for permission to secure explosives magazines with 

certain alternate locks or locking methods. 

Recent advances in locking technologies have provided the 

explosives industry with more options for securing their explosives storage magazines. Currently, explosives industry members 

secure their explosives magazines primarily with padlocks 

fastened in separate hasps and staples and protected with 1⁄4" thick 

steel hoods. However, the commercial availability of steel hoods 

is limited to a small number of distributors, and non-commercial 

fabrication can be costly. 

As a more cost effective alternative, explosives industry 

members have asked ATF to approve hidden-shackle locks, 

commonly known as “hockey puck” or “puck” locks to secure 

their explosives storage magazines. Several companies manufacture hidden-shackle puck locks and protective steel hasps that are 

distributed by local hardware and construction retail outlets 

throughout the United States. Hidden-shackle puck locks are 

generally based on the same design, in which the lock shackles 

are completely enclosed within the steel lock body, thereby 

protecting the shackle from cutting or sawing action. The lock 

cylinders and other internal mechanisms within the hiddenshackle puck locks are designed similarly to those in traditional 

padlocks. The locks are commonly sold with steel hasps that are 

affixed with steel staples and with steel shrouds that protect the 

locks and staples from prying or lever action. Most steel hasps 

are installed with 3⁄8" thick carriage bolts. 

Explosives industry members have also asked ATF to approve 

magazines such as job site boxes, typically used at construction 

worksites and other industrial locations, as type 4 magazines for 

the storage of low explosives. Several companies manufacture job 
95

site boxes that are available from local hardware and construction 

retail outlets throughout the United States. Generally, job site 

boxes are based on a design that accepts padlocks housed into 

recessed openings that prevent the sawing, levering, or prying 

action on the locks, staples, or hasps. The boxes are typically 

constructed of 12 or 16 gauge steel and affixed with top-opening 

doors (lids) that lock when two internal metal latches are secured 

by two recessed padlocks. The padlocks are inserted shackle first 

into an opening of a shape and size that fully accepts the lock, 

and the lock shackles are secured to metal u-bolt staples. The 

padlocks and u-bolts cannot be removed without gaining access 

to the magazine interior. The padlock base and keyway are the 

only visible portions of the padlocks. Job site boxes are not 

manufactured with 1⁄4" steel hoods to protect the padlocks, though 

the magazine body acts as a protective steel hood for the recessed 

padlocks. 

Additionally, explosives industry members have asked ATF to 

approve padlocks that contain boron alloy steel shackles in lieu of 

case-hardened shackles. The manufacture of case-hardened 

shackles involves hardening the surface of low carbon steel by 

infusing carbon into the steel’s surface mainly through flame or 

induction hardening. Case-hardening is usually conducted after 

the steel shackle has been formed into its final shape and its 

center remains tough and malleable. Boron has been found as a 

useful alloy to improve the hardness of steel. Manufacturing 

boron alloy shackles involves hardening the entire shackle by 

heat-treating medium carbon steel thereby creating a consistent 

hardness throughout the steel. Common testing methods used in 

the manufacturing industry to test the strength of different 

materials reveal that boron alloy steel is stronger than casehardened steel. 

Under Federal law, Title 18, United States Code, section 842(j), 

all persons must store explosive materials in compliance with 

regulations issued by the Attorney General. The Attorney General 

has delegated the authority to administer and enforce the Federal 

explosives laws to the Director, ATF. The regulations promulgated 

by ATF to implement the provisions of the Federal explosives 

laws are codified at Title 27, Code of Federal Regulations (CFR), 

Part 555. 

The regulations at 27 CFR 555.207, 555.208, 555.210, and 

555.211 address the locking requirements for types 1, 2, 4, and 5 

explosives magazines, providing generally that each door is to be 

equipped with (i) two mortise locks; (ii) two padlocks fastened in 

separate hasps and staples; (iii) a combination of a mortise lock 

and a padlock; (iv) a mortise lock that requires two keys to open; 

or (v) a three-point lock. Padlocks must have at least five 

tumblers and a case-hardened shackle of at least 3

⁄8" diameter. 

Padlocks must be protected with not less than 1⁄4" steel hoods 

constructed so as to prevent sawing or lever action on the locks, 

hasps, and staples. The regulation at 27 CFR 555.209 addresses 

the locking requirements for type 3 explosives magazines, 

providing that doors are to be equipped with one steel padlock 

(which need not be protected by a steel hood) having at least five 

tumblers and a case-hardened shackle of at least 3⁄8" diameter. 

Licensees and permittees may seek approval from ATF to use 

an alternate method or procedure in lieu of a method or procedure specifically prescribed in the regulations. Federal regulations at 27 CFR 555.22 provide that the Director of ATF may 

approve an alternate method or procedure, subject to stated 

conditions, when he finds that: (1) good cause is shown for the 

use of the alternate method or procedure; (2) the alternate method 

or procedure is substantially equivalent to, within the purpose of, 

and consistent with the effect intended by, the specifically prescribed method or procedure; and (3) it will not be contrary to 

any provision of law and will not result in an increase in cost to 

the Government or hinder the effective administration of 27 CFR 

Part 555. 

Historically, the most prevalent method of unauthorized entry 

into explosives magazines has been through attacks against the 

locking mechanisms—specifically against the lock shackles. 

Hidden shackle “hockey puck” locks, recessed padlocks, and 

padlocks with boron alloy shackles provide shackle protection 

equivalent to traditional case-hardened padlocks and 1

⁄4" steel 

hoods. Allowing storage of explosives in magazines secured with 

these types of locks will also reduce costs for explosives licensees and permittees and give them greater flexibility to secure 

their explosives. For these reasons, ATF finds that, provided 

certain conditions are met, there is good cause for licensees and 

permittees to store explosives in magazines with doors equipped 

with hidden shackle “hockey puck” locks, recessed padlocks, and 

padlocks with boron alloy shackles. ATF further finds that the 

conditions provided in this ruling for the alternate storage 

methods and procedures provided below, are consistent with the 

effect intended by, and are substantially equivalent to, the 

methods and procedures prescribed in Part 555, Subpart K. 

Further, the alternate methods or procedures authorized by this 

ruling are not contrary to any provision of law, will not increase 

costs to ATF, and will not hinder the effective administration of 

the regulations. 

Federal explosives licensees and permittees may store explosives in magazines that are secured with hidden-shackle “hockey 

puck” locks, whether located indoors or outdoors, provided all of 

the following conditions are met at all times: 

1. Each magazine door must be secured with the same 

number of hidden-shackle puck locks as prescribed in the 

regulations (e.g. two puck locks on outdoor type 4 magazines, 

one puck lock on mobile type 3 and type 5 magazines). 

2. The hidden shackle puck lock body must be constructed 

of hardened steel and contain at least a five-pin tumbler cylinder. 

The lock shackle must be constructed of a case-hardened steel or 

boron alloy and measure a minimum nominal diameter of 3

⁄8”. 

3. Each hidden-shackle puck lock must be protected within 

a solid steel hasp and shroud, or by a 1

⁄4" thick steel hood that 

prevents the prying or lever action on the puck lock. 
96

4. The steel hasp must contain a 1⁄4" thick steel shroud that 

surrounds the lock. Openings in the shroud required to access the 

lock keyway and open the magazine door must be small enough 

to prevent sawing, levering, or prying action on the puck lock. 

5. The spaces between the steel hasps and locks, and steel 

shrouds and locks, must be small enough to prevent sawing, 

levering, or prying action on the puck lock. 

6. The hasp or hood must be attached to the magazine 

doors by welding, or installed with at least 3⁄8" thick carriage bolts 

(with nuts on inside of door) so that they cannot be removed 

when the doors are closed and locked. 

Federal explosives licensees and permittees may store explosives in magazines that are secured with recessed padlocks, 

whether located indoors or outdoors, provided all of the following 

conditions are met at all times: 

1. Each magazine door (lid) must be secured with two 

recessed padlocks that have at least five tumblers and a casehardened steel or boron alloy shackle of at least 3

⁄8" diameter. 

2. The recessed opening that houses the locks must be 

small enough to prevent sawing, levering, or prying action on the 

locks when the locks are installed. 

3. The lock shackles must be securely affixed to the interior 

staples so the padlocks cannot be removed without gaining access 

to the magazine interior. 

Once the licensee or permittee has complied with all conditions 

set forth in this ruling, no separate, individual variance approval 

from ATF is required, and the licensee or permittee may store 

explosives in magazines with doors equipped with locks other 

than those required by 27 CFR Part 555. Licensees and permittees are reminded of their responsibility to abide by all other 

provisions of 27 CFR Part 555 as prescribed. 

Held, pursuant to 27 CFR 555.22, ATF authorizes an alternate 

method or procedure from the provisions of 27 CFR Part 555, 

Subpart K, requiring the storage of explosives in magazines with 

doors equipped with the requisite locks. Specifically, ATF 

authorizes explosives licensees and permittees to secure explosives magazines with hidden-shackle “hockey puck” locks, 

recessed padlocks, and padlocks with boron alloy shackles, 

provided all of the requirements stated in this ruling have been 

met. 

Held further, if ATF finds that a licensee or permittee has 

failed to abide by the conditions of this ruling, or uses any 

procedure that hinders the effective administration of the explosives laws or regulations, ATF may notify the licensee or permittee that the licensee or permittee is no longer authorized to utilize 

this alternate method or procedure. 

Held further, this ruling supersedes all previous variance 

approvals for explosives magazines secured with hidden-shackle 

“hockey puck” locks or recessed padlocks. 

Date approved: June 23, 2011
97
98
99

General Information (Revised 8/06)

Effect of 18 U.S.C. Chapter 40 

On the Fireworks Industry

[Caution! This item discusses Federal requirements only. 

Please contact your State or local authorities for any 

additional requirements.]

Title XI of the Organized Crime Control Act of 1970 (18 U.S.C. 

Chapter 40) establishes controls over explosive materials, 

including black powder and other pyrotechnic compositions 

commonly used in fireworks. Part 555 of Title 27, Code of 

Federal Regulations (CFR), contains the regulations which implement Title XI. Section 555.141(a)(7) exempts “the importation, 

distribution, and storage of fireworks classified as UN0336, 

UN0337, UN0431, or UN0432 explosives by the U.S. 

Department of Transportation at 49 CFR 172.101 and generally 

known as ‘consumer fireworks’ or ‘articles pyrotechnic.’” Section 

555.141(a)(7) does not exempt “display fireworks,” as defined in 

555.11.

With Respect to Fireworks: 

Who needs a license?

1. Manufacturers of black powder;

2. Manufacturers of any other explosive material used in 

manufacturing consumer fireworks or display fireworks; and

3. Importers of, or dealers in, display fireworks.

With Respect to Fireworks: 

Who needs a permit?

1. All persons transporting, shipping, causing to be 

transported, or receiving display fireworks, regardless of whether 

for their own use or for commercial display purposes (Certain 

exemptions apply, e.g. agencies of the United States or of any 

State or political subdivisions thereof are exempt from permit 

requirements); and

2. A person, other than a licensee, transporting, shipping, 

causing to be transported, or receiving explosive materials for use 

in manufacturing display fireworks or consumer fireworks.

With Respect to Fireworks: 

Who may not need a license or 

permit?

Frequently, persons contracting for display fireworks (e.g., for 

Fourth of July observances) from a Federal explosives licensee or 

permittee receive a total service, including the services of a 

pyrotechnician who transports display fireworks in interstate or 

intrastate commerce to the site of the display and conducts and 

supervises the display. In these instances, the customers purchase 

and receive the contractor’s services and not the explosive 

materials themselves (i.e. the cost of the services includes the 

contractor’s expense in providing the fireworks utilized), and the 

cost of the services includes the dealer’s expense in providing the 

fireworks utilized. When business is transacted in this manner, 

the customers purchasing and receiving the services need not 

obtain Federal explosives licenses or permits under Part 555 as 

long as they are not transporting, shipping, causing to be transported, or receiving explosive materials. Note: the transportation 

of explosive materials to the display sites would be authorized by 

the Federal explosives license or permit of the licensee or 

permittee providing the services.

With Respect to Fireworks: 

Types of permits

1. User permit: Allows the permit holder to transport, ship, 

cause to be transported, and receive display fireworks in interstate 

or foreign commerce for his or her own use and not for resale. 

This permit is issued at a cost of $100 for a 3-year period and is 

renewable at a cost of $50 for a 3-year period.

2. User-limited permit: Identical to the user permit but 

issued for a single purchase transaction, only. The fee is $75; the 

permit is nonrenewable.

With Respect to Fireworks: Storage

The law prohibits any person from storing any explosive 

materials in a manner not in conformity with the regulations 

promulgated by the Attorney General (18 U.S.C. 842(j)). Pursuant 

to this section, the Attorney General has prescribed storage 

regulations in 27 CFR Part 555, Subpart K. Display fireworks 

must be stored in conformity with the regulations. Display 

fireworks generally contain perchlorate mixture explosives, 

potassium chlorate base explosive mixtures, and black powder, 

which are entered on the List of Explosive Materials with 

numerous others. (The List, which is not all-inclusive, is annually 

compiled and readily available without charge from the address 

set out in 27 CFR 555.23 or online at www.atf.gov/.) Display 

fireworks must be stored as low explosives in magazines meeting, 

at a minimum, the requirements for type 4 storage magazines 

prescribed by 27 CFR 555.210 unless they contain other classes 

of explosives. Bulk salutes must be stored as high explosives in 

type 1 or type 2 magazines. The net weight of the explosive 

materials contained in the display fireworks may be used in 

determining compliance with table of distance requirements. To 

determine the actual weight of the materials, it may be necessary 

to contact their manufacturers. The manufacturer of exempt or 

nonexempt fireworks having stocks of explosive materials on 

hand to be used in the manufacture of fireworks must store the 

stocks in conformity with applicable storage requirements.
100

Explosives Dealer’s and User’s 

Guide to Federal Explosives 

Regulation

Explosives May Not Be Distributed by 

Licensees (Or by Any Person) to Any 

Person Who:

1. Is under indictment for, or who has been convicted of a 

crime punishable by imprisonment for a term exceeding one year.

2. Is an unlawful user of, or addicted to, marijuana or any 

depressant or stimulant drug or narcotic drug (as these terms are 

defined in section 102 of the Controlled Substances Act).

3. Has been adjudicated as a mental defective or has been 

committed to a mental institution.

4. Is a fugitive from justice.

5. Is an alien (with certain exceptions).

6. Has been discharged from the armed forces under 

dishonorable conditions; or

7. Having been a citizen of the United States, has 

renounced citizenship.

8. Is less than 21 years of age.

Dealers in Explosives Must:

Have a current and valid Federal explosives license.

Have proper storage facilities.

Keep accurate and complete records.

Verify that each buyer has a Federal explosives license or 

permit.

Verify buyers’ identities.

Users of Explosives

Federal permits are required of those who transport, ship, cause 

to be transported, or receive explosive materials. Among other 

things, the permittee must keep complete and accurate records of 

the acquisitions and dispositions of explosives materials. Unless 

otherwise exempted by law, no person may receive or transport 

any explosive materials without a permit.

No person shall store any explosive material 

in a matter not in conformity with applicable 

regulations.

All persons must report to ATF and local 

authorities any loss or theft of their explosive 

materials within 24 hours of discovery.

A Federal license or permit does not confer 

any right or privilege to violate any state law 

or local ordinance.

The above summary is general and does not purport to fully 

convey the Federal explosives law and regulations pertaining to 

dealers and users.

Black Powder Transactions

Public Law 93-639 (1975) allows nonlicensees/nonpermittees 

to purchase commercially manufactured black powder, in 

quantities of 50 pounds or less, solely for sporting, recreational or 

cultural purposes for use in antique firearms or antique devices. 

A nonlicensee or nonpermittee purchasing black powder under 

the exemption need not be a resident of the State in which the 

dealer is located. Also, the categories of persons to whom the 

distribution of explosive materials is prohibited do not apply to 

black powder transactions made under the exemption. 

Acquisitions of black powder not qualifying under this exemption 

are subject to the same regulatory requirements that govern any 

other low explosive.

All persons who distribute black powder, regardless of quantity, 

must be licensed as explosives dealers and, among other things, 

must provide adequate storage.

Explosives Security

Through prompt reporting of losses and thefts of explosives 

and increased emphasis on physical security, explosives licensees 

and permittees can contribute greatly to efforts by Federal, State 

and local authorities to reduce the incidence of bombings and 

other criminal misuse of explosives in the United States. The 

following actions are of prime importance and in some instances 

required:

Report... any thefts or losses of explosives within 24 hours 

of discovery, by telephone, to ATF (toll free: 

1-800-800-3855) and to appropriate local authorities. Because the States and many municipalities 

have designated specific agencies to investigate the 

theft or loss of explosives, licensees and permittees 

are urged to be familiar with State and local 

reporting procedures and appropriate contact 

points.

Follow... telephone notification with a written report on 

ATF Form 5400.5, “Report of Theft or Loss— 

Explosive Materials,” to the nearest ATF Division 

Office, and in accordance with the instructions on t

he form.

Observe... activity around magazines, within business 

premises, and on job sites, particularly if strangers 

appear to be loitering in the area in which explosives are being kept. On-site users should take 

special care to assure that explosives removed from 

storage for use on the job are either detonated or 

accounted for and unused items returned to storage.
101

Review... recordkeeping practices to assure that no 

discrepancies exist and that no figures in reported 

inventories have been manipulated, and correct any 

clerical errors promptly. Should any questions arise 

concerning explosives security procedures or any 

aspect of explosives regulation coming under the 

jurisdiction of ATF, do not hesitate to contact ATF.

Note: For Q&A’s on regulatory requirements governing 

recordkeeping and storage, see “Questions and Answers” 

numbers 62–87.

Additional Information

The flow of useful information is an essential ingredient in the 

effective administration of regulatory programs. The Bureau of 

Alcohol, Tobacco, Firearms and Explosives is the Federal agency 

charged with the responsibility of administering laws impacting 

the explosives industry. We call your attention to the following 

publication distributed by ATF that merits your attention:

The Explosives Newsletter

During 1989 ATF developed the Explosives Industry 

Newsletter, an information service for Federal explosives 

licensees and permittees which is intended to help explosives 

industry members better understand the Federal laws under which 

they must operate. It also includes other items of particular 

interest to the explosives industry. There is no charge for the 

Explosives Industry Newsletter.

Explosives industry members who have questions concerning 

the Federal explosives laws and regulations may address their 

inquiries to:

Bureau of Alcohol, Tobacco, Firearms and Explosives 

Explosives Industry Programs Branch 

99 New York Avenue, N.E. 

Mailstop 6N672 

Washington, DC 20226

Direct e-mail inquiries on general questions or variance 

requests may be sent to the branch at EIPB@atf.gov
102

List of Explosive Materials

Pursuant to the provisions of section 841(d) of title 18, U.S.C., 

and 27 CFR 555.23, the Director, Bureau of Alcohol, Tobacco, 

Firearms and Explosives, must revise and publish in the Federal 

Register at least annually a list of explosives determined to be 

within the coverage of 18 U.S.C. Chapter 40, Importation, 

Manufacture, Distribution and Storage of Explosive Materials. 

The list chapter covers not only explosives, but also blasting 

agents and detonators, all of which are defined as explosive 

materials in section 841(c) of title 18, U.S.C. Accordingly, the 

following is the current List of Explosive Materials subject to 

regulation under 18 U.S.C. Chapter 40. Materials constituting 

blasting agents are marked by an asterisk. While the list is 

comprehensive, it is not all-inclusive. The fact that an explosive 

material may not be on the list does not mean that it is not within 

the coverage definitions in section 841 of title 18, U.S.C. 

Explosive materials are listed alphabetically by their common 

names, followed by chemical names and synonyms in brackets. 

This revised list is effective as of October 19, 2011.

List of Explosive Materials

A

Acetylides of heavy metals.

Aluminum containing polymeric propellant.

Aluminum ophorite explosive.

Amatex.

Amatol.

Ammonal.

Ammonium nitrate explosive mixtures (cap sensitive).

* Ammonium nitrate explosive mixtures (non-cap sensitive).

Ammonium perchlorate having particle size less than 15 microns.

Ammonium perchlorate explosive mixtures (excluding 

ammonium perchlorate composite propellant (APCP)).

Ammonium picrate [picrate of ammonia, Explosive D].

Ammonium salt lattice with isomorphously substituted inorganic 

salts.

* ANFO [ammonium nitrate-fuel oil].

Aromatic nitro-compound explosive mixtures.

Azide explosives.

B

Baranol.

Baratol.

BEAF [1, 2-bis (2, 2-difluoro-2-nitroacetoxyethane)].

Black powder.

Black powder based explosive mixtures.

* Blasting agents, nitro-carbo-nitrates, including non-cap 

sensitive slurry and water gel explosives.

Blasting caps.

Blasting gelatin.

Blasting powder.

BTNEC [bis (trinitroethyl) carbonate].

BTNEN [bis (trinitroethyl) nitramine].

BTTN [1,2,4 butanetriol trinitrate].

Bulk salutes.

Butyl tetryl.

C

Calcium nitrate explosive mixture.

Cellulose hexanitrate explosive mixture.

Chlorate explosive mixtures.

Composition A and variations.

Composition B and variations.

Composition C and variations.

Copper acetylide.

Cyanuric triazide.

Cyclonite [RDX].

Cyclotetramethylenetetranitramine [HMX].

Cyclotol.

Cyclotrimethylenetrinitramine [RDX].

D

DATB [diaminotrinitrobenzene].

DDNP [diazodinitrophenol].

DEGDN [diethyleneglycol dinitrate].

Detonating cord.

Detonators.

Dimethylol dimethyl methane dinitrate composition.

Dinitroethyleneurea.

Dinitroglycerine [glycerol dinitrate].

Dinitrophenol.

Dinitrophenolates.

Dinitrophenyl hydrazine.

Dinitroresorcinol.

Dinitrotoluene-sodium nitrate explosive mixtures.

DIPAM [dipicramide; diaminohexanitrobiphenyl].

Dipicryl sulfone.

Dipicrylamine.

Display fireworks.

DNPA [2,2-dinitropropyl acrylate].

DNPD [dinitropentano nitrile].

Dynamite.

E

EDDN [ethylene diamine dinitrate].

EDNA [ethylenedinitramine].

Ednatol.

EDNP [ethyl 4,4-dinitropentanoate].

EGDN [ethylene glycol dinitrate].

Erythritol tetranitrate explosives.

Esters of nitro-substituted alcohols.

Ethyl-tetryl.

Explosive conitrates.

Explosive gelatins.

Explosive liquids.

Explosive mixtures containing oxygenreleasing inorganic salts 

and hydrocarbons.

Explosive mixtures containing oxygenreleasing inorganic salts 

and nitro bodies.

Explosive mixtures containing oxygenreleasing inorganic salts 

and water insoluble fuels.
103

Explosive mixtures containing oxygenreleasing inorganic salts 

and water soluble fuels.

Explosive mixtures containing sensitized nitromethane.

Explosive mixtures containing tetranitromethane (nitroform).

Explosive nitro compounds of aromatic hydrocarbons.

Explosive organic nitrate mixtures.

Explosive powders.

F

Flash powder.

Fulminate of mercury.

Fulminate of silver.

Fulminating gold.

Fulminating mercury.

Fulminating platinum.

Fulminating silver.

G

Gelatinized nitrocellulose.

Gem-dinitro aliphatic explosive mixtures.

Guanyl nitrosamino guanyl tetrazene.

Guanyl nitrosamino guanylidene hydrazine.

Guncotton.

H

Heavy metal azides.

Hexanite.

Hexanitrodiphenylamine.

Hexanitrostilbene.

Hexogen [RDX].

Hexogene or octogene and a nitrated Nmethylaniline.

Hexolites.

HMTD [hexamethylenetriperoxidediamine].

HMX [cyclo-1,3,5,7-tetramethylene 2,4,6,8-tetranitramine; 

Octogen].

Hydrazinium nitrate/hydrazine/aluminum explosive system.

Hydrazoic acid.

I

Igniter cord.

Igniters.

Initiating tube systems.

K

KDNBF [potassium dinitrobenzo-furoxane].

L

Lead azide.

Lead mannite.

Lead mononitroresorcinate.

Lead picrate.

Lead salts, explosive.

Lead styphnate [styphnate of lead, lead trinitroresorcinate].

Liquid nitrated polyol and trimethylolethane.

Liquid oxygen explosives.

M

Magnesium ophorite explosives.

Mannitol hexanitrate.

MDNP [methyl 4,4-dinitropentanoate].

MEAN [monoethanolamine nitrate].

Mercuric fulminate.

Mercury oxalate.

Mercury tartrate.

Metriol trinitrate.

Minol-2 [40% TNT, 40% ammonium nitrate, 20% aluminum].

MMAN [monomethylamine nitrate]; methylamine nitrate.

Mononitrotoluene-nitroglycerin mixture.

Monopropellants.

N

NIBTN [nitroisobutametriol trinitrate].

Nitrate explosive mixtures.

Nitrate sensitized with gelled nitroparaffin.

Nitrated carbohydrate explosive.

Nitrated glucoside explosive.

Nitrated polyhydric alcohol explosives.

Nitric acid and a nitro aromatic compound explosive.

Nitric acid and carboxylic fuel explosive.

Nitric acid explosive mixtures.

Nitro aromatic explosive mixtures.

Nitro compounds of furane explosive mixtures.

Nitrocellulose explosive.

Nitroderivative of urea explosive mixture.

Nitrogelatin explosive.

Nitrogen trichloride.

Nitrogen tri-iodide.

Nitroglycerine [NG, RNG, nitro, glyceryl trinitrate, 

trinitroglycerine].

Nitroglycide.

Nitroglycol [ethylene glycol dinitrate, EGDN].

Nitroguanidine explosives.

Nitronium perchlorate propellant mixtures.

Nitroparaffins Explosive Grade and ammonium nitrate mixtures.

Nitrostarch.

Nitro-substituted carboxylic acids.

Nitrourea.

O

Octogen [HMX].

Octol [75 percent HMX, 25 percent TNT].

Organic amine nitrates.

Organic nitramines.

P

PBX [plastic bonded explosives].

Pellet powder.

Penthrinite composition.

Pentolite.

Perchlorate explosive mixtures.

Peroxide based explosive mixtures.

PETN [nitropentaerythrite, pentaerythrite tetranitrate, 

pentaerythritol tetranitrate].

Picramic acid and its salts.

Picramide.

Picrate explosives.

Picrate of potassium explosive mixtures.

Picratol.
104

Picric acid (manufactured as an explosive).

Picryl chloride.

Picryl fluoride.

PLX [95% nitromethane, 5% ethylenediamine].

Polynitro aliphatic compounds.

Polyolpolynitrate-nitrocellulose explosive gels.

Potassium chlorate and lead sulfocyanate explosive.

Potassium nitrate explosive mixtures.

Potassium nitroaminotetrazole.

Pyrotechnic compositions.

PYX [2,6-bis(picrylamino)] 3,5-dinitropyridine.

R

RDX [cyclonite, hexogen, T4, cyclo-1,3,5,-trimethylene-2,4,6,-

trinitramine; hexahydro-1,3,5-trinitro-S-triazine].

S

Safety fuse.

Salts of organic amino sulfonic acid explosive mixture.

Salutes (bulk).

Silver acetylide.

Silver azide.

Silver fulminate.

Silver oxalate explosive mixtures.

Silver styphnate.

Silver tartrate explosive mixtures.

Silver tetrazene.

Slurried explosive mixtures of water, inorganic oxidizing salt, 

gelling agent, fuel, and sensitizer (cap sensitive).

Smokeless powder.

Sodatol.

Sodium amatol.

Sodium azide explosive mixture.

Sodium dinitro-ortho-cresolate.

Sodium nitrate explosive mixtures.

Sodium nitrate-potassium nitrate explosive mixture.

Sodium picramate.

Special fireworks.

Squibs.

Styphnic acid explosives.

T

Tacot [tetranitro-2,3,5,6-dibenzo-1,3a,4,6a tetrazapentalene].

TATB [triaminotrinitrobenzene].

TATP [triacetonetriperoxide].

TEGDN [triethylene glycol dinitrate].

Tetranitrocarbazole.

Tetrazene [tetracene, tetrazine, 1(5-tetrazolyl)-4-guanyl tetrazene 

hydrate].

Tetrazole explosives.

Tetryl [2,4,6 tetranitro-N-methylaniline].

Tetrytol.

Thickened inorganic oxidizer salt slurried explosive mixture.

TMETN [trimethylolethane trinitrate].

TNEF [trinitroethyl formal].

TNEOC [trinitroethylorthocarbonate].

TNEOF [trinitroethylorthoformate].

TNT [trinitrotoluene, trotyl, trilite, triton].

Torpex.

Tridite.

Trimethylol ethyl methane trinitrate composition.

Trimethylolthane trinitrate-nitrocellulose.

Trimonite.

Trinitroanisole.

Trinitrobenzene.

Trinitrobenzoic acid.

Trinitrocresol.

Trinitro-meta-cresol.

Trinitronaphthalene.

Trinitrophenetol.

Trinitrophloroglucinol.

Trinitroresorcinol.

Tritonal.

U

Urea nitrate.

W

Water-bearing explosives having salts of oxidizing acids and 

nitrogen bases, sulfates, or sulfamates (cap sensitive).

Water-in-oil emulsion explosive compositions.

X

Xanthamonas hydrophilic colloid explosive mixture.

Approved: October 6, 2011. 

B. Todd Jones, Acting Director.

[FR Doc. 2011–26963 Filed 10–18–11; 8:45 am] 

U. S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

#ABIN"RANCH$RIVE

,ANDOVER-$ 2


Official Business

Penalty for Private Use, $300

ATF Publication 5400.7 

Revised June 2012