About
GPO   |   Newsroom/Media   |   Congressional Relations
|   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help

Home   |
Customers   |   Vendors   |   Libraries

FDsys:
GPO's
Federal Digital System

About FDsys

Search
Government Publications

Browse
Government Publications

•

Browse

•

Simple
Search

•

Advanced
Search

*
Boolean

* Proximity

•

Search
History

•

Search
Tips

•

Corrections

•

Latest
Updates

•

User
Info

•

FAQs

•

Agency
List

•

Incorporation
by Reference

•

e-CFR
Main Page

Related
Resources

Download the Code of
Federal Regulations in XML.

The Electronic
Code of Federal Regulations (e-CFR) is a regularly updated, unofficial
editorial compilation of CFR material and Federal Register amendments
produced by the National Archives and Records Administration's Office of
the Federal Register (OFR) and the Government Printing Office.

Parallel Table of Authorities and Rules for the Code of Federal
Regulations and the United States Code
Text | PDF

Find, review, and submit comments on Federal rules that are open for
comment and published in the Federal Register using Regulations.gov.

Purchase
individual CFR titles from the U.S. Government Online Bookstore.

Find issues of the CFR (including issues prior to 1996) at a local Federal depository
library.

[1]

Electronic Code of Federal Regulations

As of October 9, 2012, the e-CFR resides at a new URL.
Please reset your bookmarks, favorites, links and desktop shortcuts to:
www.ecfr.gov.

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

Browse
Next

Title 27: Alcohol, Tobacco and Firearms
PART
555—COMMERCE IN EXPLOSIVES
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:

(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]

For questions or comments regarding e-CFR editorial
content, features, or design, email [email-masked].
For questions
concerning e-CFR programming and delivery issues, email [email-masked].

732 North Capitol Street, NW, Washington, DC 20401-0001
202.512.1800

Privacy
|   Important
Links   |   Accessibility   |
Sitemap   |   COOP