Questions and Answers

Generally, permanent imports of defense articles enumerated on the U.S. Munitions Import List (USMIL) at 27 CFR 447.21 require an ATF Form 6, Application and Permit for Importation of Firearms, Ammunition and Defense Articles  (5330.3A).

Persons in the United States engaged in the business of importing defense articles enumerated on the USMIL must register by making an application on the ATF Form 4587, Application to Register as an Importer of U.S. Munitions Import List Articles (5330.4).

[22 U.S.C. § 2778; 27 CFR § 478.111-478.120; 27 CFR § 447.31-447.35, 27 CFR § 447.41-447.45]

It is generally unlawful to import a machine gun into the United States for unrestricted sale. However, machine guns that are properly destroyed to ATF specifications may be imported.

A machine-gun parts kit is generally importable so long as the kit does not include a machine gun, barrel, frame or receiver. Note that machine gun destruction to ATF specifications will generally render a machine-gun parts kit importable in this respect (destroying a kit’s barrel, and/or frame, and/or receiver to ATF specifications so they are no longer considered a barrel, frame or receiver will generally render the kit importable in this respect).

Importations are subject to country restrictions. For example, machine-gun parts kits from firearms manufactured in Russia or one of the former Soviet States are not importable. Machinegun parts kits (excluding the frame, receiver or barrel) from a surplus military U.S.-origin machine gun will also require retransfer authorization from the U.S. Department of State.

For more information, see ATF Rulings 2003-1, 2003-2, 2003-3 and 2003-4.

[18 U.S.C. § 922(o); 26 U.S.C. § 5844; 22 U.S.C. § 2778; 27 CFR § 447.11, 447.21, 447.41, 447.52]

No. Rifle scopes manufactured to military specifications no longer require an ATF Form 6, Application and Permit for Importation of Firearms, Ammunition, and Defense Articles  (5330.3A) for importation.

[22 U.S.C. § 2778; 27 CFR § 447.21; 80 F.R. 30615 (May 29, 2015), finalizing without change 79 F.R. 17024 (Mar. 27, 2014)]

The export of defense articles under the Arms Export Control Act (AECA) generally requires a license for export issued in accordance with the AECA and the regulations promulgated thereunder. The Department of State's Directorate of Defense Trade Controls (DDTC) administers AECA export controls and licensing for defense articles enumerated on the U.S. Munitions List (USML) in the International Traffic in Arms Regulations (ITAR) at 22 CFR § 121.1. Additional information may be obtained from DDTC by either contacting the DDTC Response Team at (202) 663-1282, or by visiting their website at https://www.pmddtc.state.gov/ddtc_public.

The Department of Commerce's Bureau of Industry and Security (BIS) administers export controls for items on the Commerce Control List (CCL), including shotguns with a barrel length of 18 inches or more and related components, muzzle loading rifles and handguns, air guns, replica firearms, and shotgun shells and components, pursuant to the International Emergency Economic Powers Act and Part 774 of the Export Administration Regulations. Additional information may be obtained from BIS by contacting an export counselor at (202) 482-4811, or by visiting their website at www.bis.doc.gov/index.php/policy-guidance/product-guidance/firearms.

Any person who wishes to export a firearm subject to the National Firearms Act must submit ATF Form 9 (5320.9), Application and Permit for Permanent Exportation of Firearms and obtain approval from ATF prior to export.

[22 U.S.C. § 2778; 26 U.S.C. § 5854; 27 CFR § 479.114–479.119]

The following conditions must usually be met to justify the payment of a SLRP benefit based on recruitment needs:

1. The candidate must be highly qualified for the position.
2. In the absence of a SLRP incentive, the candidate would be unwilling to accept the position.
3. ATF would have difficulty filling the position if the candidate declines the position.

SLRP is typically reserved for hard to fill positions where a low number of highly qualified applicants apply. The job announcement will typically indicate if the hiring manager is willing offer an SLRP to an applicant as well. Offering this incentive is at the discretion of the hiring manager. Recipients will be determined on a case-by-case basis based on organizational need, specific case justification and budget limitations. You can read more about the Student Loan Repayment Program on OPM’s website.

If a hiring manager is willing to consider paying for relocation expenses, it will be listed in the job announcement. Relocation expenses are typically reserved for higher-level (senior) positions that are hard to fill.

ATF is committed to fostering a positive, healthy environment for our employees. Part of this environment is comprised by flexible work schedules in many of our positions. Please pay special attention to the announcement you are applying to, as it will touch upon any work schedules and flexibilities available. This is also a good conversation to have with the hiring manager to gain greater insight into the position of interest.

The following informational packet provides detailed information about the ATF industry operations investigator position to include major duties, basic qualifications, conditions of employment and specific requirements: Industry Operations Investigator Informational Packet

If applying based on the education requirement you must already have completed your degree at the time of application. Industry Operations Investigator vacancy announcements are posted at www.USAJobs.gov.

Due to the large volume of applications processed, ATF recruitment and hiring personnel will be unable to assist with individual status checks. Applicants are considered to be in the hiring process unless they receive written notification that they are no longer under consideration. As noted in each industry operations investigator vacancy announcement, the ATF hiring process can be very lengthy. Applicants are forwarded through the hiring process on an as needed basis and not on any set schedule. Budget issues, staffing issues and previously existing pool(s) of applicants may significantly affect the time it takes to complete the hiring process.

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.

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)]

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)]

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)]

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 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)]

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)]

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)]

No. No licensee will be required to obtain a user permit to lawfully transport, ship, or receive explosive materials in inter-state or foreign commerce. [27 CFR 555.41(b)(2)]

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]

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]

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]