Explosives Questions and Answers

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)]

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.

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 U.S. Department of Transportation, 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)]

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"]

Small arms ammunition and components thereof that meet the definition of ammunition under the regulations is exempt.

[18 U.S.C. 845(a)(4), 27 CFR 555..11 : definition of “ammunition”, 555.141(a)(4)]

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).

Regardless, persons engaged in the business of importing, manufacturing, or dealing in black powder in any quantity must have a federal explosives license, and comply with recordkeeping, storage and conduct of business requirements.

[18 U.S.C. 841(c), 841(d), 845(a)(5); 27 CFR 555.11: definitions of "explosives" and "explosive materials", 555.141(b)]

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]

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 or permit 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)]

This should be considered a theft or loss of explosive materials. You must report the theft or loss of explosive materials, within 24 hours of discovery, to ATF by telephone. Call our toll-free number 800-461-8841 during business hours, Monday to Friday from 8 a.m. to 5 p.m. Eastern Time. On weekends or outside business hours, call our hotline at 888-283-2662 (800-ATF-BOMB).

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]

Generally, any person who has knowledge of the theft or loss of any explosive materials from his/her stock must report such theft or loss within 24 hours of discovery to ATF and to appropriate local authorities.

This theft/loss reporting requirement in the federal explosives laws at 18 U.S.C. § 844(p) and 27 CFR 555.30 refers to explosive materials when the owner, authorized possessor or operator has unintentionally lost possession, care, or control of the explosives materials and cannot account for their absence, even if there is reason to believe that the theft or loss occurred prior to receipt of an explosive materials shipment (e.g., during transportation or packing at the manufacturer’s premises).

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 our toll-free number 800-461-8841 during business hours (Monday-Friday, 8 a.m.-5 p.m. Eastern Time) or our nationwide toll-free hotline 888-283-2662 (after hours and weekends) and then submitting 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 non-licensees and non-permittees, 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 listed above, and in writing to the nearest ATF office. The theft or loss shall also be reported to appropriate local authorities.

Carriers of explosive materials who have knowledge of the theft or loss of any explosive materials must report such theft or loss within 24 hours of discovery to ATF and to appropriate local authorities. Carriers 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]

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)]

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)]

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]

Yes. The law prohibits the receipt or possession of explosive materials by any person listed in 27 CFR 555.26.

[18 U.S.C. 842(i); 27 CFR 555.26, 555.49(b)]

A licensee or permittee shall not knowingly distribute any explosive materials to any person who:

(a) Is not a licensee or holder of a user permit;

(b) 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;

(c) The licensee has reason to believe that they intend 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; or,

(d) 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; 27 CFR 555.105, 555.106]

Yes. No person shall knowingly distribute explosive materials to any individual listed in 27 CFR 555.26, or to an individual who is under 21 years of age.

[18 U.S.C. 842(d); 27 CFR 555.26(d)]

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 USC §§ 842(i), 843(b)(1); 27 CFR § 555.49(b)(2)(i)]

Among other things, the Safe Explosives 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.

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.

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 USC § 845 and 27 CFR § 555.141 for exemptions.

No. Sales may not be made to limited permittees who are out-of-State residents. [18 U.S.C. 842(a); 27 CFR 555.11: definition of "limited permit", 555.41(b)(3)]

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]

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]

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]

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]