General
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, 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]
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]
General Questions - Explosives
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"]
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]
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. 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)]
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. 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)]
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.
