Questions and Answers

Theatrical flash powder is flash powder commercially manufactured in premeasured kits not exceeding 1 ounce in weight, and mixed immediately prior to use and intended for use in events such as theatrical shows, stage plays, band concerts, magic acts, thrill shows, and clown acts in circuses. A manufacturer’s license allows on-site manufacturers to operate nationally on one license issued to their principal place of business.

[27 CFR 555.11: definitions of "flash powder" and "theatrical flash powder", 555.41(b)]

If the individual purchasing the binary explosives is engaged in the business of manufacturing explosives, i.e., mixes and uses them in the operation of a commercial business (for example, operating a quarry, or providing the service of removing stumps or boulders from a farm field), then a manufacturer’s license is required.

An individual farmer who merely wishes to mix the binary explosives to remove obstacles from his field and provides no other outside service would not need a manufacturer’s license.

Please note, however: A Federal explosives license or permit would be required to obtain any explosive device, such as detonators, used to initiate the mixed binary explosives. In addition, transportation of any explosive material, including mixed binary explosives, without a Federal license or permit is prohibited. [27 CFR 555.11: Definition of "manufacturer"; 27 CFR 555.26, 555.41(b)]

No. Anyone who engages in the business of selling black powder, regardless of quantity, must be licensed as an explosives dealer. [27 CFR 555.41(b)]

If an individual does not pass the background check, a letter will be sent to the licensee or permittee who submitted the individual’s name indicating that the individual was denied. A letter will also be sent to that individual explaining the prohibition and outlining appeal and relief procedures, as may be applicable. Unless and until an appeal overturns the denial or relief from disabilities is granted, that individual may not lawfully possess explosives. [27 CFR 555.33]

Yes. A "Notification of Clearance" will be issued directly to all license or permit holders advising whether their responsible persons and employee possessors have been cleared to possess explosive materials, or are or may be prohibited from possessing explosives. These notices must be retained as part of the license or permit holders permanent records. In addition, letters of clearance or denial will be issued directly to responsible persons and employee possessors. [27 CFR 555.33]

Fingerprints must be submitted on Fingerprint Identification Cards, FD-258 that have been issued by ATF. The fingerprint cards must contain the following ORI information: WVATF0900; ATF-NATL EXPL LIC, MARTINSBURG WV. These fingerprint cards may be obtained by contacting the Federal Explosives Licensing Center at 877-283-3352 or the ATF Distribution Center at 703-870-7526 or 703-870-7528.

(a) All license and permit applicants and any renewal applicants must submit identifying information for responsible persons and employee possessors (and fingerprints and photographs for responsible persons) upon submission of an original or renewal application.

(b) Any new responsible person added after a license or permit has been issued by ATF must be reported to ATF within 30 days on the Explosives Responsible Person Questionnaire form (ATF F 5400.13A/5400.16

(c) For all licenses and permits (new and renewal), any new employee possessors must be reported to ATF within 30 days of hire on the Employee Possessor Questionnaire form (ATF F 5400.28). [27 CFR 555.45(c), 27 CFR 555.57(b)]

The law requires this information for ATF to conduct background checks on all responsible persons and employee possessors to restrict the availability of explosives to authorized persons only and to reduce the risk of prohibited persons acquiring explosive materials. [18 U.S.C. 843(h); 27 CFR 555.33, 555.45(c)]

A possessor of explosives is any employee of a license or permit holder or any employee of an applicant for a license or permit who has or will have actual physical possession of explosive materials or who has or will have constructive possession of explosive materials. For example, persons who physically handle explosive materials would be considered to be actual possessors of explosive materials. This would include employees who directly handle explosive materials as part of the production process; employees who handle explosive materials in order to ship, transport, or sell them; and employees, such as blasters and their helpers who actually use explosive materials. A constructive possessor is any person who has access to explosive materials, without physically handling them.

For example, a supervisor at a construction site who keeps keys for storage magazines in which explosives are stored or who directs the use of explosive materials by other employees has constructive possession of explosives.

Federal explosives laws define a "responsible person" as an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials. Responsible persons generally include sole proprietors and explosives facility site managers. In the case of a corporation, association, or similar organization, responsible persons generally include only those corporate directors/officers, and stockholders, who have the power to direct management and policies as they pertain to explosive materials.

For example, a corporate vice president whose duties include acquiring and approving contracts with explosives distributors would be considered a responsible person. Other corporate officials whose duties do not include the power to direct the management and policies of the applicant pertaining to explosive materials, for example, a vice president responsible solely for human resources, would not typically be considered a responsible person. Each applicant for a license or permit must assess the corporate and other management responsibilities for all key personnel and determine whether or not these duties place the individual in the position of being a responsible person. [18 U.S.C. 841(s), 27 CFR 555.11: definition of "responsible person"]

You can request an application for a federal explosives license or permit from the Federal Explosives Licensing Center at 877-283-3352 or from the ATF Distribution Center at 703-870-7526 or 703-870-7528. As part of the application process, you must complete and submit an ATF Form 5400.13/5400.16, Application for Explosives License or Permit. You must also submit the names, identifying information, fingerprints, and photographs of all responsible persons on ATF Form 5400.13A/5400.16, Explosives Responsible Person Questionnaire. In addition, you must submit the names and identifying information of all employees who are authorized to possess explosive materials in the course of their employment on ATF Form 5400.28, Employee Possessor Questionnaire. [27 CFR 555.45(c)]

A manufacturer’s license is required by persons engaged in the business of manufacturing explosive materials for sale, distribution, or for their own business use. For example, persons engaged in the business of providing a blasting service using explosives of their own manufacture would be required to have a manufacturer’s license. Persons who manufacture explosives for their personal, non-business use are not required to have a manufacturer’s license. However, no person may ship, transport, cause to be transported, or receive explosive materials unless such person holds a license or permit. [27 CFR 555.11: definition of “manufacturer”, 555.41(b)] A separate manufacturer’s license is not required by a licensed manufacturer for the purpose of on-site manufacture, for example, mixing binary explosives or making blasting agents at a quarry or other job site. It is not necessary for a licensed manufacturer to also obtain a dealer’s license or permit to engage in business on his or her licensed premises as a dealer in explosive materials [27 CFR 555.11: definition of "manufacturer", 555.41(b)(2)]

A licensed importer may engage in the business of importing or bringing explosive materials into the United States for purposes of sale or distribution. It is not necessary for a licensed importer to also obtain a dealer’s license or permit to engage in business on his or her licensed premises as a dealer in explosive materials.

[27 CFR 555.11: definition of "importer", 27 CFR 555.41(b)(2)]

A licensed dealer may acquire and import explosives for his or her own use and engage in the business of distributing explosive materials at wholesale or retail. [27 CFR 555.11: definition of “dealer”]

ATF will investigate any applicant before issuing a license or permit. Additionally, ATF must inspect places of storage and conduct background checks on responsible persons and employee possessors authorized to possess explosives. [18 U.S.C. 843(b); 18 U.S.C. 843(h); 27 CFR 555.33, 27 CFR 555.49(b)]

(a) A user license or permit is valid for a period of 3 years.

(b) Limited permits are valid for no more than six separate receipts of explosive materials during a 12-month period.

[27 CFR 555.51]

A limited permit is for persons who wish to transport, ship, cause to be transported, or receive explosive materials in intra-state commerce only. This permit is designed for the infrequent receipt of explosive materials by intrastate users. The limited permit will allow a purchaser to receive explosive materials on no more than six separate occasions from in-state licensees or permittees during the 12-month period of the permit. The limited permit does not allow the holder to transport, ship, cause to be transported, or receive explosive materials in interstate commerce.

Licenses allow persons to engage in the business of importing, manufacturing, or dealing in explosive materials. Any individual or business entity intending to engage in any of these activities must first obtain a license. A user permit allows the receipt and transportation of explosive materials. A limited permit allows the receipt of explosive materials from a licensee or permittee within the permittee’s state of residence only, and on no more than six occasions in the 12-month period during which the limited permit is valid. A limited permit does not authorize the receipt or transportation of explosive materials in interstate or foreign commerce. [27 CFR 555.11: definitions of "importer", "manufacturer", "dealer", "limited permit", and "user permit", 555.41] A separate license is needed for each business premises where an explosives business or activity is conducted. Only a single user permit is needed by a permittee who uses explosives in more than one location. [27 CFR 555.41]

The Chief, Federal Explosives Licensing Center, will approve a properly completed application for a license or permit on ATF Form 5400.13/5400.16 if the applicant:

(a) Is not a person prohibited from possessing or receiving explosive materials under 18 U.S.C. 842(i) and none of the applicant’s "responsible persons" are prohibited under section 842(1); (see also Question 4 in General Q&A);

(b) Has not willfully violated any provision of Chapter 40 or the regulations in 27 CFR Part 555;

(c) Has not knowingly withheld information or has not made any false or fictitious statement intended or likely to deceive, in connection with the application,

(d) Has premises in a State from which he intends to conduct business or operations;

(e) Has storage for the class (as described in 27 CFR 555.202) of explosive materials described on the application;

(f) Has certified in writing that he is familiar with and understands all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business;

(g) Has submitted the certificate required by section 21 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1341) [18 U.S.C. 843(b); 27 CFR 555.49(b)];

(h) None of the applicant’s employees authorized to possess explosives are prohibited persons under 18 U.S.C. 842(i); and

(i) In the case of an applicant for a limited permit, the applicant has certified that the applicant will not receive explosive materials on more than 6 occasions during the 12-month period for which the limited permit is valid.

All persons who wish to transport, ship, cause to be transported, or receive explosive materials must first obtain a federal explosives license or permit. Certain exemptions apply. [18 U.S.C. 842(b); 18 U.S.C. 845; 27 CFR 555.26(a), 27 CFR 555.141]

You may avoid delays in the firearm licensing process by obtaining a unique personal identification number (UPIN) which is assigned by the Federal Bureau of Investigation (FBI) during the voluntary appeal file (VAF) process. It’s created for applicants who frequently experience delays or have been wrongfully denied multiple times to purchase a firearm due to a past misdemeanor charge or because an ineligible person has a similar name.

You can apply for the VAF using eVO. You are required to submit your fingerprints as part of your VAF application and you must provide your name, date of birth and signature on your fingerprint card.

During the application process, you will receive an email with an encrypted link and pin to access your application. You must log in to the application at least every 90 days for it to remain active.

Once you apply for the VAF:

• FBI personnel will research your case and assign you a UPIN if you have no firearms prohibitions.
• You will still have to undergo a complete background check to buy a firearm, but the UPIN will help to confirm your identity.
• Your will provide your UPIN during your background check for future firearms transactions.

Visit the FBI’s website for more information on UPIN and VAF.

No. The February 17, 2017 correspondence simply recognizes that ATF does not issue different classes or categories of 01 licenses to persons based upon which or how many of the options for conducting business an applicant intends to exercise at the time the application is filed.

Once issued, a dealer’s license allows the licensee to sell firearms by any means or from any location otherwise permitted by law regardless of their intent at the time of application.

An application for a federal firearms license will be approved if the applicant:

• Is 21 years of age or over;
• Is not prohibited from shipping, transporting, receiving or possessing firearms or ammunition, nor in the case of a corporation, partnership, or association, is any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association prohibited from shipping, transporting, receiving or possessing firearms or ammunition;
• Has not willfully violated the Gun Control Act (GCA) or its regulations;
• Has not willfully failed to disclose material information or has not made false statements concerning material facts in connection with their application;
• Has premises for conducting business or collecting; and
• The applicant certifies that:
  1. The business to be conducted under the license is not prohibited by state or local law in the place where the licensed premises is located;
  2. Within 30 days after the application is approved the business will comply with the requirements of state and local law applicable to the conduct of the business;
  3. The business will not be conducted under the license until the requirements of state and local law applicable to the business have been met;
  4. The applicant has sent or delivered a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license; and
  5. If the applicant is to be a licensed dealer, the applicant certifies that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (“secure gun storage or safety device” is defined in 18 U.S.C. 921(a)(34)).

[18 U.S.C. 923(d)(1); 27 CFR 478.47(b)]