Questions and Answers

The regulations at 27 CFR 555.127 allow for display fireworks quantity entries to be expressed in the DSMT, in part, as the number of packaged display segments or packaged displays. However, industry members must provide to ATF upon request, information as to the number and size of display fireworks contained in any one packaged display segment or packaged display. This allowance for quantity entry of display fireworks is separate from the requirement to record the manufacturer’s name or brand name. Therefore, the manufacturer’s name or brand name must be recorded either within the DSMT or within the document containing information as to the number and size of display fireworks inside any one packaged display segment or packaged display.

ATF recommends that fireworks industry members maintain the required information—the number, size, and manufacturer’s name or brand name of the display fireworks (inside packaged displays)—on a separate document that can be provided to ATF on a timely basis. This will assist ATF in the event of an explosives theft or loss and help facilitate the ATF explosives inspection.

Since the person maintaining the inventory records generally requires access to the explosives, they would need to be listed as a responsible person or possessor of explosives (employee possessor) under your company's license.

Yes. Licensees and permittees must keep records of acquisitions, dispositions and storage of explosive materials. In addition, licensees must keep records of explosives use.

[18 U.S.C. 842(f), 847; 27 CFR 555.107, 555.122–.125, and 555.127, Subpart G]

If acquisitions are recorded by weight, then distribution must also be recorded by weight. If acquisitions are recorded by physical count (e.g., by units), then distribution must also be recorded by physical count.

[27 CFR 555.122 to 27 CFR 555.125]

Not later than the close of the next business day, each licensee and permittee shall record in the DSMT by manufacturer’s name or brand name the total quantity received in and removed from each magazine during the day and the total remaining on hand at the end of the day. No entries are required on days when there is no explosives movement to or from the magazine.

DSMT records must either be kept at each magazine or at one central location on the business premises, provided a separate record of daily transactions is maintained for each magazine.

[27 CFR 555.127]

Forms are available online in the Explosives Forms Library. Requests for forms should be mailed to the ATF Distribution Center, 1519 Cabin Branch Drive, Landover, MD 20785. You may also have forms mailed to you by submitting an online request using the Distribution Center Order Form or by telephoning your request to (240) 828-5316.

[27 CFR 555.21(b)]

If 50 pounds or less of commercially manufactured black powder is being purchased, and the powder is 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 exempt from the term "destructive device" in 18 U.S.C. 921(a)(4), no form is required. However, if the black powder is being purchased for any other purpose (regardless of quantity), the purchaser or other transferee must possess a federal explosives license or permit.

[18 U.S.C. 845(a)(5); 18 U.S.C. 926(c); 27 CFR 555.141(b), 555.26(a)]

Yes. After the initial inventory required by regulations has been taken, an inventory is required to be taken at least once a year and recorded in the Daily Summary of Magazine Transactions (DSMT).

[27 CFR 555.122–.125]

Before distribution of explosive materials to a limited permittee, the licensee or permittee must obtain an executed ATF Form 5400.4 from the limited permittee with an original unaltered and unexpired Intrastate Purchase of Explosives Coupon (IPEC) attached. Except when delivery of explosive materials is made by a common or contract carrier who is an agent of the limited permittee, the licensee or permittee must verify the identity of the holder of the limited permit by examining an identification document (as defined in 555.11) and noting on the ATF F 5400.4 the type of document presented. The licensee or permittee must complete the appropriate section on ATF F 5400.4 to indicate the type and quantity of explosive materials distributed, the license or permit number of the seller, and the date of the transaction, then sign and date the form.

One copy of ATF F 5400.4 must be retained by the seller as part of their permanent records in chronological order by date of disposition, or in alphabetical order by name of limited permittee. The form must be maintained for a period of five years.

Yes. See ATF Ruling 2007–1, Maintaining Required Explosives Records in Computerized Form.

Parking lots are not highways for TOD purposes.

When storing high explosives (HE) near blasting agents (BA)

• Calculate distance using table 555.220, with HE as the donor.
• Calculate the distance using 555.218, with BA as the donor.
• The more restrictive of the two distances is the minimum required distance between magazines of HE and BA.
• Use table at 555.218 to determine required distance to inhabited buildings, highways and passenger railways.
• When determining minimum required distance from detonator storage to BA storage, the detonator magazine is always the donor. (Only the table at 555.220 may be used for this calculation.)

When storing blasting agents (BA) near other BA

• Use only the table at 555.220.
• The weight (row) to be used is based upon the donor material (the greater amount).
• The column to be used (BA) is based upon the acceptor material.
• Multiply the distance by 6 when unbarricaded.

When storing high explosives (HE) or blasting agents (BA) near ammonium nitrate (AN)

• HE or BA to AN storage: use 555.220 with AN as the receptor—AN alone is never the donor.
• Combine ½ the weight of the AN (with the donor) if the distance from the HE or BA to AN does not meet minimum separation distance.
• Multiply minimum distances in table 220 by 6 when the AN or BA are not barricaded.

ATF has issued an open letter to addresses issues such as BA storage near HE, BA or AN and how to determine which storage magazine is the “donor” and which is the “acceptor” when applying the tables of distances at 27 CFR 555.218 and 27 CFR 555.220. Industry members who store blasting agents or ammonium nitrate should read the complete open letter at https://www.atf.gov/rules-and-regulations/explosives-open-letters.

Except for those items and activities given exempt status under 18 U.S.C. 845 (also see 27 CFR 555.141), or exempted under 27 CFR 555.32, Special Explosives Devices, all persons who store explosive materials must store them in conformity with the provisions of sub part K of the regulations.

[18 U.S.C. 842(j); 27 CFR 555.29, 555.141, 555.201(a)]

There are 3 classes of explosive materials:

(a) High explosives (for example, dynamite, flash powders, and bulk salutes);

(b) Low explosives (for example, black powder, safety fuses, igniters, igniter cords, fuse lighters, and “display fireworks”, except for bulk salutes); and

(c) Blasting agents (for example, ammonium nitrate-fuel oil and certain water gels).

[27 CFR 555.202]

No. Storage of explosive materials in a residence or dwelling is prohibited. (See also ATF Ruling 2002-3.)

[27 CFR 555.208(b), 555.210(b), 555.211(b)]

The more restrictive distance, generally the table of distances for high explosives at 27 CFR 555.218 would be applied using the total weight of explosive materials in the magazine.

[27 CFR 555.218]

Yes. Any person storing explosives must inspect the magazines at least once every 7 days to determine whether there has been unauthorized entry or attempted entry into the magazines or unauthorized removal of the contents of the magazines.

[27 CFR 555.204]

Smokeless powders designed for use in small arms ammunition are exempt from regulation under 18 U.S.C. Chapter 40 and the regulations in 27 CFR Part 555. Packaging that readily identifies the smokeless powder as being designed for use in small arms ammunition may help in determining whether it is entitled to the exemption. Smokeless powder designed for use other than in small arms ammunition, and explosive products such as squibs, fireworks, theatrical special effects, or other articles that may contain smokeless powders, are regulated and must be stored pursuant to the regulations at 27 CFR 555, Subpart K – Storage.

It should be noted that persons engaged in the business of importing or manufacturing smokeless powder designed for any use must have a Federal explosives license. Further, importers of smokeless powder designed for use in small arms ammunition must also possess an ATF firearms importers license (Type 08 or 11); must register with ATF under the provisions of the Arms Export Control Act; and must submit (to ATF) and receive an approved ATF Form 6 – part I (5330.3A), Application and Permit for Importation of Firearms Ammunition and Implements of War.

No. However, products which are manufactured with a detonator attached to the detonating cord as an integral part need not be disassembled and stored separately.

[27 CFR 555.213]

Yes. There is no exemption in the law or regulations for the storage of explosive materials by any state or political subdivision thereof.

[18 U.S.C. 842(j), 845(a)(6); 27 CFR 555.141(a)(3), (a)(5)]