Questions and Answers

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.

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]

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, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non–sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x–ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.

[18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105]

No, except that frames or receivers of firearms are "firearms" as defined in the law and are subject to the same controls as complete firearms. Certain parts of silencers and machineguns are also regulated as firearms under the GCA, as well as under the National Firearms Act (NFA).

[18 U.S.C. 921(a)(3), (23) and (24); 26 U.S.C. 5845; 27 CFR 478.11 and 479.11]

No. Neither ATF nor any other federal agency issues a permit or license to carry a concealed weapon. Carrying permits may be issued by a state or local government. Please contact your state’s Attorney General’s Office for information regarding permits to carry firearms.

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)]

Yes. A license is required to import or manufacture ammunition. However, a license is not required to deal only in ammunition. Ammunition includes cartridge cases, primers, bullets or propellant powder designed for use in any firearm other than an antique firearm.

[18 U.S.C. 921(a)(17), 922(a)(1)(B) and 923(a); 27 CFR 478.11]

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]

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"]

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]

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.

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)]

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]

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]