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Electronic Code of Federal Regulations

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e-CFR Data is current as of February 15, = 2013=20

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Title 27: Alcohol, Tobacco and Firearms
PART=20 555=E2=80=94COMMERCE IN EXPLOSIVES
Subpart=20 F=E2=80=94Conduct of Business or Operations

=C2=A7 555.105 Distributions=20 to nonlicensees, nonpermittees, and limited permittees.

(a) Distributions to = nonlicensees and=20 nonpermittees prior to May 24, 2003. (1) This section will = apply in=20 any case where distribution of explosive materials to the = distributee is=20 not otherwise prohibited by the Act or this part.

(2) Except as provided in paragraph (a)(3) of this section, a = licensed=20 importer, licensed manufacturer, or licensed dealer may distribute = explosive materials to a nonlicensee or nonpermittee if the = nonlicensee or=20 nonpermittee is a resident of the same State in which the = licensee's=20 business premises are located, and the nonlicensee or nonpermittee = furnishes to the licensee the explosives transaction record, ATF F = 5400.4,=20 required by =C2=A7 555.126. Disposition of ATF F 5400.4 will = be made in=20 accordance with =C2=A7 555.126.

(3) A licensed importer, licensed manufacturer, or licensed = dealer may=20 sell or distribute explosive materials to a resident of a State = contiguous=20 to the State in which the licensee's place of business is located = if the=20 purchaser's State of residence has enacted legislation, currently = in=20 force, specifically authorizing a resident of that State to = purchase=20 explosive materials in a contiguous State and the purchaser and = the=20 licensee have, prior to the distribution of the explosive = materials,=20 complied with all the requirements of paragraphs (a)(2), (a)(5), = and=20 (a)(6) of this section applicable to intrastate transactions = occurring on=20 the licensee's business premises.

(4) A permittee may dispose of surplus stocks of explosive = materials to=20 a nonlicensee or nonpermittee if the nonlicensee or nonpermittee = is a=20 resident of the same State in which the permittee's business = premises or=20 operations are located, or is a resident of a State contiguous to = the=20 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=20 (a)(6) of this section are fully met.

(5) A licensed importer, licensed manufacturer, or licensed = dealer=20 selling or otherwise distributing explosive materials to a = business entity=20 must verify the identity of the representative or agent of the = business=20 entity who is authorized to order explosive materials on behalf of = the=20 business entity. Each business entity ordering explosive materials = must=20 furnish the distributing licensee prior to or with the first order = of=20 explosive materials a current certified list of the names of=20 representatives or agents authorized to order explosive materials = on=20 behalf of the business entity. The business entity ordering = explosive=20 materials is responsible for keeping the certified list current. A = licensee may not distribute explosive materials to a business = entity on=20 the order of a person whose name does not appear on the certified=20 list.

(6) Where the possession of explosive materials is transferred = at the=20 distributor's premises, the distributor must in all instances = verify the=20 identity of the person accepting possession on behalf of the = distributee=20 before relinquishing possession. Before the delivery at the = distributor's=20 premises of explosive materials to an employee of a nonlicensee or = nonpermittee, or to an employee of a common or contract carrier=20 transporting explosive materials to a nonlicensee or nonpermittee, = the=20 distributor delivering explosive materials must obtain an executed = ATF F=20 5400.8 from the employee before releasing the explosive materials. = The ATF=20 F 5400.8 must contain all of the information required on the form = and by=20 this part. ( See = examples in=20 =C2=A7 555.103(a)).

(7) A licensee or permittee disposing of surplus stock may sell = or=20 distribute commercially manufactured black powder in quantities of = 50=20 pounds or less to a nonlicensee or nonpermittee if the black = powder is=20 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=20 antique devices as exempted from the term =E2=80=9Cdestructive = device=E2=80=9D in 18=20 U.S.C. 921(a)(4).

(b) Distributions to holders = of=20 limited permits on and after May 24, 2003. (1) This section = will=20 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=20 distribute explosive materials to a holder of a limited permit if = such=20 permittee is a resident of the same State in which the licensee's = business=20 premises are located, the holder of the limited permit presents in = person=20 or by mail ATF Form 5400.4, Limited Permittee Transaction Report = (LPTR),=20 and the licensee completes Form 5400.4 in accordance with=20 =C2=A7 555.126(b). In no event will a licensee distribute = explosive=20 materials to a holder of a limited permit unless the holder = presents a=20 Form 5400.4 with an original unaltered and unexpired Intrastate = Purchase=20 of Explosives Coupon (IPEC), ATF Form 5400.30, affixed. The coupon = must=20 bear the name, address, permit number, and the coupon number of = the=20 limited permittee seeking distribution of the explosives.

(3) A holder of a limited permit is authorized to receive = explosive=20 materials from a licensee or permittee whose premises are located = in the=20 same State of residence in which the premises of the holder of the = limited=20 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 =E2=80=9C6=20 separate occasions=E2=80=9D means six deliveries of explosive = materials. Each=20 delivery must=E2=80=94

(i) Relate to a single purchase transaction made on one ATF F=20 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=20 delivered at the same time.

(4) A holder of a user permit may dispose of surplus stocks of=20 explosive materials to a licensee or holder of a user permit, or a = holder=20 of a limited permit who is a resident of the same State in which = the=20 premises of the holder of the user permit are located. A holder of = a=20 limited permit may dispose of surplus stocks of explosive = materials to=20 another holder of a limited permit who is a resident of the same = State in=20 which the premises of the distributor are located, if the = transaction=20 complies with the requirements of paragraph (b)(2) of this section = and=20 =C2=A7 555.126(b). A holder of a limited permit may also = dispose of=20 surplus stocks of explosive materials to a licensee or holder of a = user=20 permit if the disposition occurs in the State of residence of the = holder=20 of the limited permit. ( See=20 =C2=A7 555.103.)

(5) Each holder of a limited permit ordering explosive = materials must=20 furnish the distributing licensee prior to or with the first order = of the=20 explosive materials a current list of the names of employees = authorized to=20 accept delivery of explosive materials on behalf of the limited = permittee.=20 The distributee ordering explosive materials must keep the list = current=20 and provide updated lists to licensees and holders of user permits = on a=20 timely basis. A licensed importer, licensed manufacturer, licensed = dealer,=20 or permittee, selling or otherwise distributing explosive = materials to a=20 holder of a limited permit must, prior to delivering the explosive = materials, obtain from the limited permittee a current list of = persons who=20 are authorized to accept deliveries of explosive materials on = behalf of=20 the limited permittee. A licensee or permittee may not deliver = explosive=20 materials to a person whose name does not appear on the list.

(6)(i) Delivery at the = distributor's=20 premises. Where possession of explosive materials is = transferred=20 directly to the distributee at the distributor's premises, the = distributor=20 must obtain an executed Form 5400.4 in accordance with = =C2=A7 555.126(b)=20 and must in all instances verify the identity of the person = accepting=20 possession on behalf of the distributee by examining an = identification=20 document (as defined in =C2=A7 555.11) before relinquishing=20 possession.

(ii) Delivery by = distributor.=20 Where possession of explosive materials is transferred by the = distributor=20 to the distributee away from the distributor's premises, the = distributor=20 must obtain an executed Form 5400.4 in accordance with = =C2=A7 555.126(b)=20 and must in all instances verify the identity of the person = accepting=20 possession on behalf of the distributee by examining an = identification=20 document (as defined in =C2=A7 555.11) before relinquishing=20 possession.

(iii) Delivery by common or = contract=20 carrier hired by the distributor. Where a common or = contract=20 carrier hired by the distributor will transport explosive = materials from=20 the distributor to a holder of a limited permit:

(A) The limited permittee must, prior to delivery of the = explosive=20 materials, complete the appropriate section on Form 5400.4, affix = to the=20 Form 5400.4 one of the six IPECs he has been issued, and provide = the form=20 to the distributor in person or by mail.

(B) The distributor must, before relinquishing possession of = the=20 explosive materials to the common or contract carrier:

( 1 ) Verify the = identity of=20 the person accepting possession for the common or contract carrier = by=20 examining such person's valid, unexpired driver's license issued = by any=20 State, Canada, or Mexico; and

( 2 ) Record the name = of the=20 common or contract carrier ( i.e.,=20 the name of the driver's employer) and the full name of the = driver. This=20 information must be maintained in the distributor's permanent = records in=20 accordance with =C2=A7 555.121.

(C) At the time of delivery of the explosive materials, the = common or=20 contract carrier, as agent for the distributor, must verify the = identity=20 of the person accepting delivery on behalf of the distributee, = note the=20 type and number of the identification document (as defined in=20 =C2=A7 555.11) and provide this information to the = distributor. The=20 distributor must enter this information in the appropriate section = on Form=20 5400.4.

(iv) Delivery by common or = contract=20 carrier hired by the distributee. Where a common or = contract=20 carrier hired by the distributee will transport explosive = materials from=20 the distributor to a holder of a limited permit:

(B) Before the delivery at the distributor's premises to the = common or=20 contract carrier who will transport explosive materials to the = holder of a=20 limited permit, the distributor must:

(7) A licensee or permittee disposing of surplus stock may sell = or=20 distribute commercially manufactured black powder in quantities of = 50=20 pounds or less to a holder of a limited permit, nonlicensee, or=20 nonpermittee if the black powder is intended to be used solely for = sporting, recreational, or cultural purposes in antique firearms = as=20 defined in 18 U.S.C. 921(a)(16), or in antique devices as exempted = from=20 the term =E2=80=9Cdestructive device=E2=80=9D in 18 U.S.C. = 921(a)(4).

(Approved by the Office of Management and Budget = under=20 control number 1140-0075)

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

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