Explosives Questions and Answers

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.

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]

BATS is an incident-based reporting system that serves as the nation's repository for explosives & arson related incidents as authorized by the Federal Explosives Laws and the Attorney General. It was developed to facilitate and promote the collection, sharing and diffusion of intelligence information concerning crimes involving explosives and fires. While ATF and the USBDC maintain the web-based BATS system, each agency is responsible for administering their account. BATS provides bomb squads and fire investigation units with technology to manage and track their day-to-day incident responses and related activities. Incident details are directly entered by local, state & federal bomb technicians, bomb investigators, and fire investigators using a standardized lexicon unique to IEDs and fire investigations. This information can be searched in real-time and is essential to the identification of a particular style of an IED that may be associated with a known bomb maker (i.e., signature) or in identifying a particular M.O (e.g., serial-type cases).

BATS includes a case management functionality that allows users to build their investigation while maintaining operational security. BATS users can also collaborate with other agencies to include fusion centers in a virtual "task force" setting, which is ideal for multi-jurisdictional investigations or special events. Case data in BATS is designated as law enforcement sensitive and restricted from the public. Direct entry by law enforcement and public safety users enhances the quantity, accuracy, and timeliness of the information leading to a more meaningful analysis as opposed to summary data. The structured data fields in BATS ensure the use of standardized language and also simplifies the process of data mining for analysis, statistics, and management reports as opposed to data in "narrative" format which cannot be reused for other computational purposes.

TRIPwire (Technical Resource for Incident Prevention) is an internet-based information-sharing network administered by the DHS. It is not for reporting incident details involving explosives and/or fire but provides information on international terrorist bombings, relevant news, and threat alerts to assist homeland security professionals with bombing awareness and prevention. Information is gathered from open-source publications, as well as government issued threat bulletins and advisories. BATS users can link to TRIPwire as well as other useful websites such as LEO by clicking the "Useful Links" tab within BATS.

LEO (Law Enforcement Online) is an internet-based communications portal administered by the FBI. It is not a records management system (RMS) and includes a national alert system, special interest groups, access to databases like those run by the National Center for Missing and Exploited Children, email services, a virtual command center, distance learning, and a multimedia library of publications, documents, studies, research, technical bulletins, and other reports. BATS users can link to LEO as well as other useful websites such as TRIPwire and more by clicking the "Useful Links" tab within BATS.

N-DEx (National Data Exchange) allows participating law enforcement agencies to submit their incident data to a central repository maintained by the FBI where they are compared against incidents that other agencies have uploaded. N-DEx is not a records management system (RMS) or statistical reporting system. It can be accessed through LEO and the information is as current as the data submitted and /or updated by participating agencies.

All plastic explosives manufactured or imported on or after April 24, 1996, must contain a detection agent. (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). It unlawful to manufacture, import, transfer, receive, or possess any plastic explosive that does not contain a detection agent. Federal law enforcement agencies and the military may possess unmarked plastic explosives if they meet the affirmative defense requirements under 27 CFR 555.182.

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)]

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)]

These agents are listed in the law and regulations at 18 U.S.C. 841(p) and 27 CFR 555.180(d)(3).

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, Are police departments exempt from the prohibition against possessing unmarked plastic explosives after April 24, 1999?. [18 U.S.C. 841(q), 842(n); 27 CFR 555.180]

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)]

Yes, ATF Ruling 2007–1 authorized the use of a computer to create and maintain the records required by 27 CFR Part 555, Subpart G—Records and Reports. The explosives regulations contained in 27 CFR 555.121(a)(2) require all ATF explosives licensees and permittees to keep records required under Subpart G, for a minimum period of 5 years or until discontinuance of business or operations. Under 555.128, these records (including bound record books, computer printouts, theft/loss reports, etc.) must be delivered within 30 days following the discontinuance of business or operations to the local ATF office or to the Out–of–Business (OOB) Records Center at the following address:

National Tracing Center
ATF / Out–of–Business Records Center
244 Needy Road
Martinsburg, WV 25405

The OOB Records Center accepts automated records only when there is a legible printout of all the required information. Computer storage tapes or data punch cards are not acceptable. The licensee or permittee must provide a complete printout, along with an American Standard Code for Information Interchange (ASCII) text file (conforming to common industry standards), and a file description. The ASCII text file must contain all the required information.

The regulations at 27 CFR Part 555 Subpart G - Records and Reports generally require that records pertaining to explosive materials be maintained on the business premises for 5 years from the date a transaction occurs or until discontinuance of business or operations. The definition of “business premises” at 27 CFR § 555.11 includes property where the explosives records are kept if different than the premises where explosive materials are manufactured, imported, stored, or distributed (for manufacturers, importers, or dealers) or where explosive materials are received or stored (for users).

Therefore, you may keep required records at an alternate location; however, any location where you maintain required records is also your business premises and so is subject to ATF inspection. Records should be located such that you are able to provide complete printed records during the ATF inspection in a manner that does not hinder the effective administration of the inspection process.

The regulations at 27 CFR 555.127 allow for display fireworks quantity entries to be expressed in the DSMT, in part, as the number of packaged display segments or packaged displays. However, industry members must provide to ATF upon request, information as to the number and size of display fireworks contained in any one packaged display segment or packaged display. This allowance for quantity entry of display fireworks is separate from the requirement to record the manufacturer’s name or brand name. Therefore, the manufacturer’s name or brand name must be recorded either within the DSMT or within the document containing information as to the number and size of display fireworks inside any one packaged display segment or packaged display.

ATF recommends that fireworks industry members maintain the required information—the number, size, and manufacturer’s name or brand name of the display fireworks (inside packaged displays)—on a separate document that can be provided to ATF on a timely basis. This will assist ATF in the event of an explosives theft or loss and help facilitate the ATF explosives inspection.

Since the person maintaining the inventory records generally requires access to the explosives, they would need to be listed as a responsible person or possessor of explosives (employee possessor) under your company's license.

Yes. Licensees and permittees must keep records of acquisitions, dispositions and storage of explosive materials. In addition, licensees must keep records of explosives use.

[18 U.S.C. 842(f), 847; 27 CFR 555.107, 555.122–.125, and 555.127, Subpart G]

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 to 27 CFR 555.125]

Not later than the close of the next business day, each licensee and permittee shall record in the DSMT 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. No entries are required on days when there is no explosives movement to or from the magazine.

DSMT 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]

Forms are available online in the Explosives Forms Library. 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 online request using the Distribution Center Order Form or by telephoning your request to (240) 828-5316.

[27 CFR 555.21(b)]

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)]

Yes. After the initial inventory required by regulations has been taken, an inventory is required to be taken at least once a year and recorded in the Daily Summary of Magazine Transactions (DSMT).

[27 CFR 555.122–.125]

Before distribution of explosive materials to a limited permittee, the licensee or permittee must obtain an executed ATF Form 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, then sign and date the form.

One copy of ATF F 5400.4 must be retained by the seller as part of their permanent records in chronological order by date of disposition, or in alphabetical order by name of limited permittee. The form must be maintained for a period of five years.

Yes. See ATF Ruling 2007–1, Maintaining Required Explosives Records in Computerized Form.

Parking lots are not highways for TOD purposes.

When storing high explosives (HE) near blasting agents (BA)

• Calculate distance using table 555.220, with HE as the donor.
• Calculate the distance using 555.218, with BA as the donor.
• The more restrictive of the two distances is the minimum required distance between magazines of HE and BA.
• Use table at 555.218 to determine required distance to inhabited buildings, highways and passenger railways.
• When determining minimum required distance from detonator storage to BA storage, the detonator magazine is always the donor. (Only the table at 555.220 may be used for this calculation.)

When storing blasting agents (BA) near other BA

• Use only the table at 555.220.
• The weight (row) to be used is based upon the donor material (the greater amount).
• The column to be used (BA) is based upon the acceptor material.
• Multiply the distance by 6 when unbarricaded.

When storing high explosives (HE) or blasting agents (BA) near ammonium nitrate (AN)

• HE or BA to AN storage: use 555.220 with AN as the receptor—AN alone is never the donor.
• Combine ½ the weight of the AN (with the donor) if the distance from the HE or BA to AN does not meet minimum separation distance.
• Multiply minimum distances in table 220 by 6 when the AN or BA are not barricaded.

ATF has issued an open letter to addresses issues such as BA storage near HE, BA or AN and how to determine which storage magazine is the “donor” and which is the “acceptor” when applying the tables of distances at 27 CFR 555.218 and 27 CFR 555.220. Industry members who store blasting agents or ammonium nitrate should read the complete open letter at https://www.atf.gov/rules-and-regulations/explosives-open-letters.