Questions and Answers

Yes, a person who —

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner issued after a hearing

at which notice was given to the person and at which the person had an opportunity to participate, and includes a finding that the person subject to the order represents a credible threat to the intimate partner or child or the intimate partner OR explicitly prohibits the use, attempted use, or threatened use of force against the partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence cannot lawfully receive, possess, ship, or transport a firearm or ammunition,is prohibited from shipping, transporting, possessing, or receiving firearms and ammunition.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully ship, transport, or receive a firearm or ammunition. Such persons may continue to lawfully possess firearms and ammunition obtained prior to the indictment or information, but cannot do so once the conviction becomes final.

[18 U.S.C. 922(g) and (n); 27 CFR 478.32]

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)]

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 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.

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.

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. 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)]

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. 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)]

No. Every person who receives explosive materials must first obtain a federal explosives license or permit. Distribution of explosive materials to persons who do not hold a license or permit is unlawful. Also, see 18 U.S.C. 845 and 27 CFR 555.141 for exemptions.

[18 U.S.C. 842(a), 842(b); 27 CFR 555.26(a), 555.106]

Yes. The penalty for knowingly providing false information or misrepresented identification is a maximum 10 years’ imprisonment and/or a fine not exceeding $250,000.

[18 U.S.C. 842(a)(2), 844(a)]

Yes. It is a federal crime for any person to steal any explosive materials. It is also a federal crime for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan any stolen explosive materials.

[18 U.S.C. 842(h), 844(k), (l)]

Generally, any person who has knowledge of the theft or loss of any explosive materials from his/her stock must report such theft or loss within 24 hours of discovery to ATF and to appropriate local authorities.

This theft/loss reporting requirement in the federal explosives laws at 18 U.S.C. § 844(p) and 27 CFR 555.30 refers to explosive materials when the owner, authorized possessor or operator has unintentionally lost possession, care, or control of the explosives materials and cannot account for their absence, even if there is reason to believe that the theft or loss occurred prior to receipt of an explosive materials shipment (e.g., during transportation or packing at the manufacturer’s premises).

Any licensee or permittee who has knowledge of the theft or loss of any explosive materials from his or her stock shall, within 24 hours of discovery, report the theft or loss by telephoning our toll-free number 800-461-8841 during business hours (Monday-Friday, 8 a.m.-5 p.m. Eastern Time) or our nationwide toll-free hotline 888-283-2662 (after hours and weekends) and then submitting ATF Form 5400.5, "Report of Theft or Loss—Explosive Materials", in accordance with the instructions on the form. The theft or loss shall also be reported to appropriate local authorities.

The same requirements are imposed upon persons other than licensees and permittees, except that non-licensees and non-permittees, other than carriers, need not report a theft or loss on Form 5400.5, but must report the theft or loss by telephone, using the same numbers listed above, and in writing to the nearest ATF office. The theft or loss shall also be reported to appropriate local authorities.

Carriers of explosive materials who have knowledge of the theft or loss of any explosive materials must report such theft or loss within 24 hours of discovery to ATF and to appropriate local authorities. Carriers need not make the report on the ATF form or in writing.

See 27 CFR 555.30 for the specific information required to be reported in connection with a theft or loss.

[18 U.S.C. 842(k), 18 U.S.C. 844(p); 27 CFR 555.30]

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]

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)]

ATF is authorized to inspect the site of any accident or fire where there is reason to believe that explosive materials were involved. Other federal agencies, or state or local agencies, may also investigate such incidents, depending on the circumstances.

[18 U.S.C. 846(a); 27 CFR 555.31]

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"]

Yes, in part. A person must hold a federal explosives license/permit to transport, ship, or receive explosive materials. However, [aspects of transportation regulated by DOT or DHS, per the amended 555.141(a)(1) wording] are exempt from 18 U.S.C. chapter 40 and 27 CFR part 555. Those aspects of transporting explosives fall under DOT and DHS regulations. 

[18 U.S.C. 842(a)(3), 842(h), 845(a)(1); 27 CFR 555.26, 555.28, 555.141(a)(1)]

No. Aspects of transporting explosive materials by railroad, water, highway or air that are regulated by the U.S. Department of Transportation or the Department of Homeland Security are exempt from federal explosives laws and regulations [conform to the amended 555.141(a)(1) wording]. Carriers must follow the DOT and DHS requirements that apply to them. 

[18 U.S.C. 845(a)(1); 27 CFR 555.141(a)(1)]

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:

1. A decision of a court invalidating a conviction on the basis that the conviction was unconstitutional;
2. In the case of a federal conviction, a presidential pardon; and
3. 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]

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]