Questions and Answers

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)]

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]

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)]

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]

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]

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, 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)]

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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]

It is generally unlawful to import a machine gun into the United States for unrestricted sale. However, machine guns that are properly destroyed to ATF specifications may be imported.

A machine-gun parts kit is generally importable so long as the kit does not include a machine gun, barrel, frame or receiver. Note that machine gun destruction to ATF specifications will generally render a machine-gun parts kit importable in this respect (destroying a kit’s barrel, and/or frame, and/or receiver to ATF specifications so they are no longer considered a barrel, frame or receiver will generally render the kit importable in this respect).

Importations are subject to country restrictions. For example, machine-gun parts kits from firearms manufactured in Russia or one of the former Soviet States are not importable. Machinegun parts kits (excluding the frame, receiver or barrel) from a surplus military U.S.-origin machine gun will also require retransfer authorization from the U.S. Department of State.

For more information, see ATF Rulings 2003-1, 2003-2, 2003-3 and 2003-4.

[18 U.S.C. § 922(o); 26 U.S.C. § 5844; 22 U.S.C. § 2778; 27 CFR § 447.11, 447.21, 447.41, 447.52]