Questions and Answers

A Federal explosives manufacturer license allows a person to acquire, manufacture for commercial use, distribute, ship and transport explosive materials in interstate or foreign commerce.

A Federal explosives importer license allows a person to import, distribute, ship and transport explosive materials in interstate or foreign commerce.

A Federal explosives dealer license allows a person to acquire, distribute, ship and transport explosive materials in interstate or foreign commerce.

A Federal explosives permit allows a person to receive, ship, and transport explosive materials. A federal explosives permit does not authorize a person to distribute explosives.

We would approve or, depending on the circumstances, deny an application within a 90-day period, which begins with the day a “properly executed application” is received at the Federal Explosives Licensing Center.

Current Processing Times for ATF Applications

[18 USC 843, 27 CFR 555.49(a)(3)]

• Appeals Process — If upon receiving a denial letter from ATF you believe that you are not prohibited from possessing explosives (due to reasons such as identity theft, the dismissal of criminal charges, or other reasons), you may appeal your denial by supplying a written statement, new fingerprint cards, and any supporting documentation that you may have which demonstrates that you are not prohibited. ATF will consider all appeal documents submitted and send the fingerprint cards to the FBI for processing. A determination will be made as to whether the denial should be overturned and you will be notified of the outcome. You will remain in a denied status while your appeal is pending.
   
• Explosives Relief of Disabilities Process – If your denial is upheld, you may apply for relief from your federal explosives disability by sending ATF a Form 5400.29, Application for Restoration of Explosives Privileges along with the required additional information specified in the application. Your application will be coordinated by ATF personnel in the Explosives Relief of Disability (EROD) Program. An investigation will then be conducted, to include, but not limited to, interviews and review of court documents and other information. ATF will notify you in writing of its decision. You may contact the EROD Program by email at EROD@atf.gov or phone at (256) 261-7640.

The Safe Explosives Act (SEA) requires ATF to act on a properly completed application within 90 days. ATF usually considers an application to have been properly completed when all required information has been provided to ATF in writing. This includes submission of the correct number of legible fingerprint cards, the correct fee, etc.

If material changes have to be made to an application (e.g., a change from one license type to another or the addition of or changes to the responsible persons, different business name, premises address, hours of operation, EIN, etc.) after its initial receipt by the Federal Explosives Licensing Center (FELC), then the 90-day processing period may re-start.

The FELC generates licenses and permits every day based on the receipt of field recommendations. Licenses and permits are sent first class mail to an applicant’s mailing address of record from the FELC in Martinsburg, West Virginia.

View current processing times

Some examples of factors that could affect our timely processing of your application and the issuance of your license or permit could include the local ATF field office being unable to contact you for the purpose of the face-to-face interview; your need for additional time to satisfy the requirements of your local zoning boards or other state and local agencies in order to bring your proposed business premises into compliance with state or local law; your need for additional time to obtain or construct the correct storage facility for the explosives product you plan to maintain, the FBI being unable to adequately complete the required background checks because of incomplete or aged court records or fingerprint card imprints that could not be “read” and require re-submission, or insufficient fee payment.

If the field office’s recommendation is to deny your application, then a different process applies. That process requires the field office to notify you in writing of the reasons for denial and give you the chance to request and attend a hearing to review the evidence upon which the denial is based. The Safe Explosives Act also affords an applicant the right to appeal an adverse hearing decision to federal district court. The hearing process would obviously exceed 90 days.

If you submit a license or permit renewal application with the appropriate fee to ATF prior to the expiration date of your current license, you can contact the Federal Explosives Licensing Center (FELC) and request what is called a Letter of Authorization (LOA). An LOA will act as evidence of your licensed status until we act on your pending renewal application and can be provided by the license holder to suppliers to verify that you are a licensee in good standing awaiting final ATF action on your renewal application.

1. Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant. If the jury finds the property forfeitable, the court issues an order of forfeiture.
   • For forfeitures pursuant to the Controlled Substances Act (CSA), Racketeer Influenced and Corrupt Organizations (RICO), as well as money laundering and obscenity statutes, there is an ancillary hearing for third parties to assert their interest in the property. Once the interests of third parties are addressed, the court issues a final forfeiture order.
2. Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.
3. Administrative forfeiture is an in rem action that permits the federal seizing agency to forfeit the property without judicial involvement. The authority for a seizing agency to start an administrative forfeiture action is found in the Tariff Act of 1930, 19 U.S.C. § 1607. Property that can be administratively forfeited is: merchandise the importation of which is prohibited; a conveyance used to import, transport, or store a controlled substance; a monetary instrument; or other property that does not exceed $500,000 in value.

If the transferor/seller or the transferee/buyer discovers that an ATF Form 4473 is incomplete or improperly completed after the firearm has been transferred, and the transferor/seller or the transferee/buyer wishes to correct the omission(s) or error(s), photocopy the inaccurate form and make any necessary additions or revisions to the photocopy. The transferor/seller should only make changes to Sections A, C, and E. The transferee/buyer should only make changes to Sections B and D. Whoever made the changes should initial and date the changes. The corrected photocopy should be attached to the original Form 4473 and retained as part of the transferor’s/seller’s permanent records.

[27 CFR 478.21]

Licensees shall retain each Form 4473 until business or licensed activity is discontinued, either on paper, or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part. Paper forms over 20 years of age may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. Forms 4473 shall be retained in the licensee's records as provided in § 478.124(b), provided that Forms 4473 with respect to which a sale, delivery, or transfer did not take place shall be separately retained in alphabetical (by name of transferee) or chronological (by date of transferee's certification) order.

[18 U.S.C. 923(g)(1)(A); 27 CFR 478.129(b)]

No. A licensee is required to obtain an ATF Form 4473 from the transferee who must certify that he or she is not prohibited from receiving or possessing a firearm, and whose identity the licensee must verify prior to transfer. A licensee cannot comply with these provisions where a Form 4473 is completed by a person other than the actual transferee.

[18 U.S.C. 923(g); 27 CFR 478.124]

No. The heading to Section A of Form 4473 requires the federal firearms licensee (FFL) to identify the firearm(s) to be transferred by recording the serial number in response to Section A, item 3, prior to the transferee/buyer completing Section B. Thus, a transferee/buyer may not complete Section B on the Form 4473 before the licensee identifies the firearm(s) to be transferred by serial number in Section A, item 3.

Additionally, item 21.a. states: “Are you the actual transferee/buyer of the firearm(s) listed on this form and any continuation sheet(s)?” In order to accurately answer question 21.a., the transferee/buyer must be able to review the firearm information recorded in Section A.

[27 CFR 478.21]

No. If the customer did not complete Section B of the Form 4473 and no National Instant Criminal Background Check System (NICS) check is initiated, then despite Section A being completed by the federal firearms licensee (FFL), that particular form is not required to be retained.

[27 CFR 478.129(b)]

Form 4473 has included a question on race since it was established in 1968. ATF amended Form 4473 in 2001 to add ethnicity to the race question. In April 2012 to meet the requirements of the Office of Management and Budget (OMB) regarding the format in which government forms ask about race and ethnicity the two questions were separated. OMB’s standards for race and ethnicity questions require agencies to ask both race and ethnicity in a specific manner.

OMB published guidance to agencies regarding the adoption of these standards in 2000, but permitted ATF to continue using its existing form until 2012, when it required ATF to make changes to the format of the questions during the standard Paperwork Reduction Act approval process. To comply with OMB guidance, question 10 on Form 4473 was divided into 10a (Ethnicity) and 10b (Race); they are not a new requirement that prospective firearms purchasers provide additional information regarding race or ethnicity.

No. However, the “bound book” must reflect the disposition of the firearm from business inventory to personal use. However, if the business is a corporation, and the firearm is being transferred to a corporate officer or director for other than business purposes, then a Form 4473 must be executed.   [27 CFR 478.124 and 478.125a]

Title 18, United States Code (U.S.C.), section 923(g)(1)(A) provides authority for ATF to require such records, and 27 CFR § 478.124 implements that authority, including a requirement that the Form 4473 include information about the purchaser’s race.

Additionally, regulations at 28 CFR § 25.7 prescribe the search criteria used by the National Instant Criminal Background Check System (NICS) and states: "The following search descriptors will be required in all queries of the system for purposes of a background check: (1) Name; (2) Sex; (3) Race; (4) Complete date of birth; and (5) State of residence." This information is needed to facilitate proper identification by providing additional information that helps match -- or rule out a match -- between an individual and a potentially prohibiting record.

ATF Forms 4473 are available free of charge from the ATF Distribution Center. Forms may be ordered online at ATF Distribution Center . Please order a quantity of forms estimated for 6 months use.

To comply with OMB format standards, question 10 on Form 4473 was divided into 10a (Ethnicity) and 10b (Race); these questions are not new requirements. In addition, respondents may check multiple races (e.g., bi-racial, multi-racial) as opposed to just one in question 10b

No. ATF Form 4473 is required only for transfers by a licensee.   [27 CFR 478.124]