Record Required - Licensees
Yes, if the firearm is taken off the premises of the licensee. However, no disposition entry is required for the loan or rental of a firearm for use only on the premises of the licensee.
Licensees are required to keep records for armor piercing ammunition.
[18 U.S.C. 922(b)(5); 27 CFR 478.122, 478.123, and 478.125]
Dealer Acquisitions
Generally, for licensed dealers the purchase or other acquisition of a firearm shall be recorded not later than the close of the next business day after the date of the acquisition or purchase.
However, if commercial records containing the required information are available for inspection and are separate from other commercial documents, dealers have 7 days from the time of receipt to record the receipt in the acquisition and disposition (A&D) record.
Manufacturer Acquisitions
Each licensed manufacturer shall record each firearm manufactured or otherwise acquired not later than the 7th day following the date of such manufacture or other acquisition.
Importer Acquisitions
Each licensed importer shall within 15 days of the date of importation or other acquisition record the required information of each firearm imported or otherwise acquired.
Dispositions
All licensees shall record sales or other dispositions not later than 7 days following date of the transaction. If a disposition is made before the acquisition has been entered in the A&D record, the acquisition entry must be made at the same time as the disposition entry.
[18 U.S.C. 923(g)(1)(A); 27 CFR 478.122, 123, and 125]
Yes. A licensee is not limited to using only one “bound book.” It may be convenient for a licensee to account for different brands or types of firearms, or business activities (e.g., retail, pawn, or gunsmith inventories), in separate “bound books.”
Yes. The licensee may request an alternate method to maintain records.
[27 CFR 478.22, 478.122(c), 478.123(c), and 478.125(h)]
The firearms acquisition and disposition (A&D) record, also known as a “bound book”, is a permanently bound book or an orderly arrangement of loose-leaf pages which must be maintained at the business premises. The format must follow that prescribed in the regulations and the pages must be numbered consecutively.
[18 U.S.C. 923(g)(1)(A); 27 CFR 478.121 and 478.125]
The ATF letter authorizing the alternate method must be kept at the licensed premises and available for inspection. For businesses with more than a single licensed outlet, each outlet covered by the alternate method must have a copy of the letter authorizing the change.
[27 CFR 478.22, 478.122(c), 478.123(c), and 478.125(h)]
Recordkeeping Requirements - Explosives
Yes, ATF Ruling 2007–1 authorized the use of a computer to create and maintain the records required by 27 CFR Part 555, Subpart G—Records and Reports. The explosives regulations contained in 27 CFR 555.121(a)(2) require all ATF explosives licensees and permittees to keep records required under Subpart G, for a minimum period of 5 years or until discontinuance of business or operations. Under 555.128, these records (including bound record books, computer printouts, theft/loss reports, etc.) must be delivered within 30 days following the discontinuance of business or operations to the local ATF office or to the Out–of–Business (OOB) Records Center at the following address:
National Tracing Center
ATF / Out–of–Business Records Center
244 Needy Road
Martinsburg, WV 25405
The OOB Records Center accepts automated records only when there is a legible printout of all the required information. Computer storage tapes or data punch cards are not acceptable. The licensee or permittee must provide a complete printout, along with an American Standard Code for Information Interchange (ASCII) text file (conforming to common industry standards), and a file description. The ASCII text file must contain all the required information.
The regulations at 27 CFR Part 555 Subpart G - Records and Reports generally require that records pertaining to explosive materials be maintained on the business premises for 5 years from the date a transaction occurs or until discontinuance of business or operations. The definition of “business premises” at 27 CFR § 555.11 includes property where the explosives records are kept if different than the premises where explosive materials are manufactured, imported, stored, or distributed (for manufacturers, importers, or dealers) or where explosive materials are received or stored (for users).
Therefore, you may keep required records at an alternate location; however, any location where you maintain required records is also your business premises and so is subject to ATF inspection. Records should be located such that you are able to provide complete printed records during the ATF inspection in a manner that does not hinder the effective administration of the inspection process.
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.
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.
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.
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.
Storage Requirements
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)]
