Questions and Answers

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)]

Time in grade is a requirement for a specified amount of time that an employee must spend in a grade before they are eligible for promotion. Essentially a federal employee must spend 52 weeks at their grade before being promoted to the next highest grade. For detailed information reference 5 CFR 300.604. If an applicant applies under Direct Hire or Delegated Examining procedures (i.e., jobs open to the public), they can use prior or non-government experience to qualify even if that applicant does not meet Time in Grade requirements. Additionally, federal employees are assumed to have gained experience by performing duties and responsibilities appropriate for their official series and grade level as described in their position description. However, experience that would not normally be part of the employee's position is creditable when documented by satisfactory evidence (e.g., a memorandum from the manager or human resources director, SF-52, or other documentation). When applying you need to submit this documentation with your application package to be given credit.

You may direct inquiries regarding tort claims involving ATF to SF95@atf.gov. If you are contacting ATF about an existing claim, please include the name of the person who filed the claim and the ATF claim number (CCT ##.####), if known.

If you receive a written denial from ATF, you may either file a request for reconsideration with the ATF Office of Chief Counsel Litigation Division or you may file suit in an appropriate U.S. District Court. Either option must be exercised no later than six months after the date of mailing of the written denial. A request for reconsideration should include a written explanation as to why the matter should be reconsidered, such as new or additional evidence. A request for reconsideration gives ATF another six months to adjudicate your claim. If a request for reconsideration is subsequently denied, you may file suit in an appropriate U.S. District Court no later than six months after the date of mailing of the subsequent denial. If ATF has not adjudicated your request for reconsideration within six months, you may elect to treat the request as having been denied and file suit in an appropriate U.S. District Court.

ATF thoroughly reviews all submitted claims and seeks to fully adjudicate all claims within six months after receipt. If ATF has not adjudicated your claim within six months, you may elect to treat the claim as having been denied and file suit in an appropriate U.S. District Court. 28 U.S.C. § 2675(a).

Whether or not you use Standard Form 95, for a claim to be validly presented, you must:

• Include sufficient information to allow ATF to investigate your claim, including, at minimum, the date and location of the alleged negligent or wrongful acts or omissions by ATF employees as well as the names of any ATF employees known to you to have been allegedly involved.
• Include a specific monetary demand amount (a sum certain) for personal injuries and/or property damage as appropriate as well as a total amount sought.
• Sign the claim or have your authorized agent or legal representative sign the claim and submit proof of their authority to present the claim on your behalf.

So that ATF can adjudicate your claim, you should also submit all available documentation and evidence that you have relating to the incident. 28 C.F.R. § 14.4 provides detailed information about the types of evidence and information that should be submitted with your claim. You should include any police reports, witness statements, photographs, and other evidence or information relating to the alleged actions taken by any ATF employee(s) and the alleged damages. You should also provide support for your claimed monetary damages.

Your claim must be presented in writing to ATF within two years of the date the claim accrued. 28 U.S.C. § 2401(b). Your claim is not deemed to be presented until it is received by ATF. 28 C.F.R. § 14.2. It is the claimant’s responsibility to ensure a claim reaches ATF in a timely fashion.

A claim may be filed using Standard Form 95. Use of the form is not mandatory, but it is strongly preferred. Instructions for completing the form are on its second page.

The completed and signed claim should be filed with the ATF Office of Chief Counsel Litigation Division, through one of the following methods. Please do not send multiple copies of your claim to ATF.

• Electronic submission is strongly preferred. You may submit your claim by email to SF95@atf.gov. You will receive an automatic confirmation of receipt when filing electronically. Please utilize an email address that you will check regularly, as ATF may contact you by email if additional information is required to adjudicate your claim.
• If you prefer to send a hard copy of the claim, it should be sent to the following address:

ATF Office of the Chief Counsel (Litigation)
99 New York Ave. NE
Room 5.E-310
Washington, DC 20226

Individuals, businesses, or governmental entities that have a claim for money damages resulting from personal injury or property loss or damage caused by ATF employees acting within the scope of their employment may file a claim with ATF. Please note the exceptions to the FTCA, which can be found at 28 U.S.C. § 2680. A claim may be submitted by the injured party or by a duly authorized agent or legal representative.

Claims alleging personal injury or property loss, or damage caused by another federal agency, and not alleged to be caused by ATF, should be sent directly to that agency and should not be sent to ATF.

No. The National Tracing Center (NTC) will only record one incident of a lost or stolen firearm in the NTC lost/stolen gun database, even if multiple reports are filed.

Yes. The report must be filed by the transferor/sender federal firearms licensee (FFL) regardless of whether a transferee/receiver FFL and/or the carrier indicate that they have filed a theft/loss report with ATF.

This requirement applies because only the transferor/sender specifically knows how and when the particular firearms were shipped. The transferee/receiver or the carrier most often does not have all of the information necessary to file a complete theft/loss report. The reporting requirement also applies because the disposition records of the transferor/sender FFL must be corrected to reflect the theft or loss.

This rule applies to all firearms shipments from federal firearms licensees (FFLs), including shipments through the USPS.

Licensees who report the theft or loss of a firearm and later discover its whereabouts shall advise ATF at 1-888-930-9275 (nationwide toll-free number) that the firearm has been located, and shall re-enter the firearm in the Record of Acquisition and Disposition as an acquisition or disposition entry as appropriate.

The transferor/sender federal firearms licensee (FFL) should draw a single line through the incorrect disposition information in their acquisition and disposition (A&D) record. If there is room in the disposition block, the FFL should record the date of the theft or loss, the ATF incident number, and the local authority incident number. The licensee should then initial and date the changes.

Alternatively, if there is no room in the disposition block to legibly record the required information, the FFL should line-out the disposition information and initial and date the change. The FFL should then make a new entry in the next available line in the current A&D record. In that case, the FFL must enter a reference to the new book, page, and line number in the disposition side of the updated record, and use the new entry to record the date of the theft or loss, the ATF incident number, and the local authority incident number. This entry must be recorded not later than 7 days following discovery of the theft or loss.

A licensee must complete and submit Form 3310.11 to the National Tracing Center (NTC) and the NTC will notify the NFA Branch. This will satisfy the licensee’s reporting requirements under 27 CFR 478.39a and 27 CFR 479.141; licensees will no longer have to submit additional notification to ATF.

The transferor/sender federal firearms licensee (FFL) will use the current ATF Form 3310.11 Firearms Inventory Theft/Loss Report.

The new rule does not require federal firearms licensees (FFLs) to implement any new business policies or take any additional actions related to tracking shipments or obtaining confirmation of receipt. The transferor/sender is only required to report a theft or loss upon receiving notification from either the transferee/receiver or another source, such as a shipper, that the shipment did not arrive.