General
A person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from the firearms disability. The Attorney General may grant such relief if it is established to the Attorney General’s satisfaction that the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of relief would not be contrary to the public interest. See 18 U.S.C. § 925(c).
On March 20, 2025, the Department of Justice issued an interim final rule. As a result, ATF no longer has authority to process applications for relief from firearms disabilities. See https://www.federalregister.gov/documents/2025/03/20/2025-04872/withdrawing-the-attorney-generals-delegation-of-authority. For those interested in pursuing relief under Section 925(c), please note the Interim Final Rule’s statement that “the Department anticipates future actions, including rulemaking consistent with applicable law, to give full effect to 18 U.S.C. 925(c) while simultaneously ensuring that violent or dangerous individuals remain disabled from lawfully acquiring firearms.” 90 Fed. Reg. at 13,083.
Persons convicted of a disabling offense may seek to have their firearms rights restored by means other than a federal relief from firearms disabilities pursuant to 18 U.S.C. § 925(c). Other means of restoring firearms rights include:
A person convicted of a federal offense may apply for a presidential pardon. 28 CFR Part I specifies the rules governing petitions for obtaining presidential pardons. You may contact the Pardon Attorney’s Office at the U.S. Department of Justice to inquire about the procedures for obtaining a presidential pardon.
A person convicted of a state offense may contact the State Attorney General’s Office in the state of their conviction for information concerning the availability of expungements, set asides, pardons and civil rights restoration.
Any pardon, expungement, set aside, or restoration of civil rights must completely remove the effects of a prior conviction, including any restrictions on the shipment, transportation, receipt, and possession of firearms, for firearms rights under federal law to be restored.
Because black powder firearms are considered antique firearms, the possession of a black powder firearm by a person subject to federal firearms disabilities is not prohibited by the GCA. However, a person subject to federal firearms disabilities may not receive and/or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof which are classified as "firearms." Additionally, state law may prohibit the possession of a black powder firearm by persons who are not federally prohibited from possessing them. Please contact your state's Attorney General’s Office for information regarding black powder firearms.
[18 U.S.C. 921(a)(3) and (16); 27 CFR 478.11 and 478.141(d)]
No, assuming the antique firearm is not a replica designed or redesigned for using rimfire or conventional centerfire fixed ammunition. The antique firearm also cannot be a black powder muzzle loading weapon that incorporates a firearm frame or receiver, have been converted into a muzzle loading weapon, or uses fixed ammunition (or readily converted to do so).
[18 U.S.C. 921(a)(3) and (16); 27 CFR 478.11 and 478.141(d)]
General Questions - Explosives
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]
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)]
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)]
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"]
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)]
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)]
The Explosives List, also known as the Annual List of Explosive Materials, is a comprehensive (but not all-inclusive) listing of explosive materials which have been determined to be within the coverage of Chapter 40. The list is published annually by ATF in the Federal Register.
[18 U.S.C. 841(d); 27 CFR 555.23]
Yes. Federal explosives law prohibits any person from distributing explosive materials to persons under 21 years of age. However, it does not prohibit the delivery to or possession of explosive materials by persons under the age of 21 who are receiving or using the materials on behalf of their employers to whom the materials were lawfully sold.
[18 U.S.C. 842(d), (i); 27 CFR 555.11 (definition of "distribute"), 555.26, 555.106(b)(1)]
The term "highway" is defined in 27 CFR 555.11 as "any public street, public alley, or public road, including a privately financed, constructed, or maintained road that is regularly and openly traveled by the general public."
Privately financed, constructed or maintained roads that are not regularly or openly traveled by the general public do not fall within the meaning of the term and would, therefore, be exempt from table of distance requirements. See ATF Ruling 2005–2 for more information.
[27 CFR 555.11: definition of "highway"]
No. However, airport terminals and jetways (enclosed or open walkways on or above the tarmac) are considered inhabited buildings for table of distance requirements.
Shock tube contains highly explosive material. However, it may be stored as a low explosive when not attached to a detonator.
[27 CFR 555.202(b), 555.213]
An EX number, preceded by the prefix "EX–", is issued and used by the Department of Transportation (DOT) to identify an explosive which has been tested and classified by DOT. See U.S. Department of Transportation regulations at 49 CFR 171.8 and 49 CFR 173.56.
A UN (United Nations) number is used by the Department of Transportation (DOT) as a method of identification and classification of products for shipping purposes.
UN numbers are different from the hazard class or division designations used by DOT (for example, 1.1, 1.2, 1.3, 1.4, and 1.5). ATF regulations in 27 CFR Part 555 also use UN numbers to help identify certain explosives.
[27 CFR 555.11]
Can federal explosives disabilities resulting from a conviction of a crime punishable by imprisonment for a term exceeding one year be removed if the conviction is expunged or set aside or the convicted person has received a pardon for the offense or has had his or her civil rights restored?
A person convicted of, or under indictment for, a "crime punishable by imprisonment for a term exceeding one year" may not lawfully receive or possess explosive materials or be issued a federal explosives license or permit.
The term "crime punishable by imprisonment for a term exceeding one year" does not include offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or any state offense (other than one involving a firearm or explosive) classified as a misdemeanor and punishable by imprisonment for 2 years or less.
There are only 3 means by which federal explosives disabilities resulting from a conviction of, or indictment for, a "crime punishable by imprisonment for a term exceeding one year" can be removed:
- A decision of a court invalidating a conviction on the basis that the conviction was unconstitutional;
- In the case of a federal conviction, a presidential pardon; and
- The granting of relief from federal explosives disabilities by ATF pursuant to the filing of a relief application with the Director. For more information, visit our webpage Apply for Relief of Explosives Disability.
[18 U.S.C. 841(l), 842(d),(i), 845(b); 27 CFR 555.11: definition of "crime punishable by imprisonment for a term exceeding one year", 555.26(c), 555.142]
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)]
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)]
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)]
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.
