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)]

If a firearm is brought in for repairs and the owner waits while it is being repaired, or if the gunsmith is able to return the firearm to the owner during the same business day, it is not necessary to list the firearm in the A&D record as an “acquisition.”

If the gunsmith has possession of the firearm from one business day to another or longer, the firearm must be recorded as an “acquisition” and a “disposition” in the A&D record.

Yes. Licensed gunsmiths are required to comply with written notification to unlicensed individuals upon delivery of a handgun. A gunsmith who transfers handguns to nonlicensees must also comply with the sign posting requirement.

[27 CFR 478.103]

No, provided the firearm is returned to the person from whom it was received.

[27 CFR 478.124(a) and 478.147]

Yes. Licensed gunsmiths may make on-the-spot repairs at skeet, trap, target, and similar organized shooting events.

No, if the firearm is being returned to the person from whom it was received. However, if the firearm is delivered to someone other than the person from whom it was received, a NICS background check is required.

[18 U.S.C. 922(t); 478.124(a)]

Yes, a licensed gunsmith may receive a National Firearms Act (NFA) firearm for the sole purpose of repair and subsequent return to its owner.

It is suggested that the owner obtain permission from ATF for the transfer by submitting an ATF Form 5, Application for Tax Exempt Transfer and Registration of Firearm, to the NFA Branch and receive approval prior to the delivery. The gunsmith should do the same prior to returning the firearm.

Unlike the private sector, federal agencies are required to announce, rate, rank, interview/assess and investigate applicants before they can be selected. All applicants must be given consideration too. Additionally, before an announcement is posted, Federal Human Resources professionals and the associated supervisor must work together to define and describe the position with a long narrative and then evaluate the description against Office of Personnel Management standards. Then qualification and assessment criteria must be professionally developed.

Selecting an individual for a federal position is a huge investment too. Over the course of a 30- year career, selecting an individual for a career appointment can be a multi-million-dollar investment. Federal jobs are not gigs; they are careers where individuals make a commitment to public service. To ensure someone is the best candidate for the job, multiple interviews and/or screenings may be needed.

Yes. Check your application status in USAJobs. You can also find and filter your applications.

Under current hiring authority applicants apply to specific duty locations listed in the vacancy announcement. Application for duty location could change in the future based on changes in hiring authority.

Yes. The announcement always includes a point of contact available to answer any questions you may have. Be sure to consult the announcement for that person’s name and contact information.

Due to the large volume of applications processed by ATF, we 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 special agent 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.

We use both at ATF. The automated system helps us collect, organize, filter, rank and communicate with applicants. Real human beings, who are knowledgeable in the federal HR process and with the position, review applicants manually before they are sent to selecting officials. Automated systems help make the process easier, but it does not replace the need of having a real person review the applicants.

All suitability issues are reviewed on a case-by-case basis during the pre-employment screening process.

This is a legal requirement. Federal employees are often asked to handle sensitive, personally identifiable or medical information. If selected for a federal job, you must at least go through a basic background check to make sure you are reliable, trustworthy and suitable for the job. The background check process starts after you accept a job offer.

All special agent applicants must take and pass the ATF special agent exam and an applicant assessment test. Results from an ATF sponsored exam are valid for three years from the date of the exam. Sample questions for the ATF special agent exam can be found at the “Careers” section of this website.

There is no limit to the number of jobs or timeframe you must adhere to in your federal job search. However, in order to maximize your time and the agency’s resources, we encourage you to apply to positions that you are truly interested in and feel qualified for.

The Departments of State and Commerce published companion final rules in the Federal Register to amend Categories I, II, and III of the U.S. Munitions List (USML) in the International Traffic in Arms Regulations (ITAR). These final rules transfer export and temporary import controls for some firearms, ammunition, and parts and components from the Department of State to the Department of Commerce. Items transferred from the USML Categories I-III are subject to 500 and 600 series controls in Category 0 of the U.S. Department of Commerce’s Commerce Control List (CCL) in its Export Administration Regulations (EAR). The final rules went into effect March 9, 2020.

For further information, contact the U.S. Department of State, Directorate of Defense Trade Controls or the U.S. Department of Commerce, Bureau of Industry and Security.

When exporting NFA firearms, an ATF Form 9, Application and Permit for Per­manent Exportation of Firearms, must be approved by ATF prior to export.

[22 U.S.C. 2778; 27 CFR 479.114 and 479.116]

Yes. A licensee may make an occasional importation of a firearm for a nonlicensee or for the licensee’s personal use (not for resale). The licensee must first submit an ATF Form 6, Part I to ATF for approval. The licensee may then present the approved ATF Form 6 and completed ATF Form 6A to U.S. Customs and Border Protection.

[27 CFR 478.113]

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]