Final Rule - 2021R-05F
Licensees must legibly and conspicuously identify each PMF received or otherwise acquired (including from a personal collection) not later than the seventh day following the date of receipt or other acquisition, or before the date of disposition (including to a personal collection), whichever is sooner. PMFs must be identified by placing or causing to be placed under the licensee’s direct supervision, an individual serial number on the frame or receiver, which must not duplicate any serial number placed by the licensee on any other firearm. The serial number must begin with the licensee’s abbreviated FFL number, which is the first three and last five digits, as a prefix to a unique identification number, followed by a hyphen, e.g., ‘‘12345678-[unique identification number]’’. The serial number must be placed in a manner otherwise in accordance with 478.92, including the requirements that the serial number be at the minimum size and depth, and not susceptible of being readily obliterated, altered, or removed.
Yes. A PMF acquired by a licensee, for any purpose, that is returned to a person other than the person from whom it was received requires the licensee to mark the PMF appropriately (if not already marked pursuant to 478.92(a)(2)), record the PMF as an acquisition and disposition in their A&D record, record the transaction on an ATF Form 4473, and conduct a NICS background check before transferring the firearm.
A licensee is not required to mark a PMF received for same day adjustment or repair that the licensee returns – on the same day as it was received – to the person from whom it was received. Furthermore, a licensee is not required to record an A&D entry, nor execute an ATF Form 4473, nor run a NICS background check when such firearm received under these conditions is returned to the customer from who received.
No. Marking serial numbers on PMFs is a “customization” and a licensee’s return of a firearm, received solely for repair or customization, to the person from whom it was received does not require an ATF Form 4473 pursuant to 478.124(a) nor a NICS background check. However, licensees must record the acquisition and disposition of the PMF in the licensee’s A&D record.
Federal Firearms Licensees (FFLs) must record “Privately Made Firearm” or “PMF” as the manufacturer in the A&D record and ATF Form 4473. If an FFL is remanufacturing a PMF, see question 33 for marking requirements.
A PMF is a firearm, including a frame or receiver, completed, assembled, or otherwise produced by a person other than a licensed manufacturer, and without a serial number placed by a licensed manufacturer at the time the firearm was produced. The term shall not include a firearm identified and registered in the National Firearms Registration and Transfer Record pursuant to chapter 53, title 26, United States Code, or any firearm manufactured or made before October 22, 1968 (unless remanufactured after that date).
Fireworks
If your fireworks meet the definition of “Display Fireworks” under 27 CFR § 555.11, you must use the table of distance requirements found in 27 CFR § 555.224, Table of distances for the storage of display fireworks (except bulk salutes). You are required to use the table of distance requirements found in 27 CFR § 555.218 if your magazine contains bulk salutes or flash powder, or if the net explosives weight of your display fireworks magazine exceeds 10,000 pounds.
By way of background, in order for the manufacturing and transportation to be considered under the authority of a Federal explosives license or permit, the manufacturing and transportation of fireworks by volunteer club members must be supervised by an authorized member of the club, such as an officer of the club, who is listed as a responsible person on the license or permit application. Further, these fireworks must be transported in compliance with USDOT regulations.
A vehicle does not fall under the definition of the term “inhabited building,” as defined in 27 CFR § 555.11 and further clarified in ATF Ruling 2005-3. However, the hotel would be considered an inhabited building when determining distances needed to comply with table of distance requirements at 27 CFR § 555.224. Further, you are required to comply with any State and local requirements regarding storage of explosive materials.
Although you may lawfully receive and store the display fireworks, your return or distribution of explosive materials to a person who does not hold a federal license or permit would violate Federal law, 18 U.S.C. § 842(b).
The transfer of display fireworks generally constitutes a distribution as defined in 27 CFR § 555.11. Therefore, you are permitted to receive display fireworks from the municipality but must maintain a record of the acquisition pursuant to 27 CFR, Part 555, Subpart G – Records and Reports. Additionally, you must maintain a daily summary of magazine transactions pursuant to 27 CFR § 555.127 for all explosives stored in your magazines.
Pursuant to 27 CFR § 555.141(a)(3), Federal explosives regulations generally do not apply to the “transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any State or its political subdivision.” Although the city is required to properly store explosives, it is exempt from the Federal licensing requirements at 27 CFR, Part 555, and can receive display fireworks without possessing a Federal explosives license or permit. Therefore, you can return the display fireworks to the city prior to the show so long as you enter this disposition in your permanent records as required under 27 CFR, Part 555, Subpart G.
Yes. The attachment of igniters to the display fireworks at the fireworks plant constitutes an assembly process and is considered “processing.” Any building in which igniters are attached to display fireworks is considered a “fireworks process building,” which is defined, in part, in 27 CFR § 555.11 as “…any building in which pyrotechnic compositions or explosive materials is pressed or otherwise prepared for finished and assembly…” Be advised that the display shells and igniters cannot be stored in a process building overnight and must be moved to an explosives magazine which complies with the requirements in 27 CFR § 555, Subpart K.
No. If all of your imported fireworks are used for your company’s display shows, no import markings are required. However, any subsequent distribution of display fireworks without the proper markings required by 27 CFR § 555.109 would place you in violation of Federal explosives laws. Import markings are required to be placed on display fireworks for sale or distribution within 15 days following their release from U.S. Customs custody.
Any fireworks defined as "display fireworks" in 27 CFR 555.11 may be lawfully received or transported only by persons who hold a valid license or permit. No ATF license or permit is required to receive or transport "consumer fireworks" or "articles pyrotechnic".
[18 U.S.C. 842(a)(3); 27 CFR 555.26, 555.141(a)(7)]
Display fireworks may be temporarily stored on trucks in type 3 magazines provided the magazine is attended at all times. Also, see ATF Ruling 2007–2.
Fireworks process buildings include any buildings in which pyrotechnic compositions or explosives materials are mixed, pressed, finished, or assembled. Outdoor pyrotechnic mixing areas (e.g., areas used for mixing flash or black powder) are included in the definition of fireworks mixing buildings and are therefore considered “fireworks process buildings” which are subject to the distance and weight limitations addressed at 27 CFR §§ 555.222 and 555.223. Fireworks process buildings do not include plant warehouses, office buildings, or other buildings and areas in which no fireworks, pyrotechnic compositions, or explosive materials are processed or stored. Further, ATF has determined that open outdoor areas used for assembly operations other than mixing would not fall within the definition of “fireworks process buildings” because the term “area” is only used for defining “fireworks mixing building”. Keep in mind that all pyrotechnic mixing and assembling operations in process buildings must meet the aforementioned distance and weight limitations in §§ 555.222 and 555.223. [27 CFR 555.11: definition of “fireworks process building”]
Yes. At the end of a day’s manufacturing operations, all dry explosive powders and mixtures and partially assembled and finished display fireworks must be removed from fireworks process buildings and stored in a magazine meeting the storage requirements in 27 CFR Part 555, Subpart K.
[27 CFR 555.205, 555.221]
Federal explosives regulations generally exempt the importation, distribution, and storage of items classified as UN0431 or UN0432 explosives―by the U.S. Department of Transportation (DOT) at 49 CFR 172.101―and generally known as “articles pyrotechnic.” However, not all items classified by DOT as articles pyrotechnic are exempt from ATF regulations. To be exempt, the items must meet all criteria found in the definition for “articles pyrotechnic” at 27 CFR 555.11, “Pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use. Such articles meeting the weight limits for consumer fireworks but not labeled as such and classified by U.S. Department of Transportation regulations in 49 CFR 172.101 as UN0431 or UN0432.” In evaluating whether a particular device is exempt under 27 CFR 555.141(a)(7), ATF considers, in part, the intended use and function of the device, net explosive weight, chemical composition, and construction.
Because they contain pyrotechnic compositions classed by ATF as explosive materials, the manufacture of items defined as “articles pyrotechnic” requires an ATF manufacturer’s license. In addition, pyrotechnic compositions used in the manufacture of articles pyrotechnic must be stored in accordance with regulations in 27 CFR Subpart K. The [27 CFR 555.11: definitions of “articles pyrotechnic” and “consumer fireworks”, 555.141(a)(7)]
Display fireworks, with the exception of bulk salutes, are considered low explosives and, at a minimum, must be stored in type 4 storage magazines. They may also be stored in type 1 or type 2 magazines. Bulk salutes, which are defined as either salute components prior to final assembly into aerial shells, (or) finished salute shells held separately prior to being packed with other types of display fireworks, are classified as high explosives. As such, bulk salutes may only be stored in type 1 or type 2 magazines specifically constructed for the storage of high explosives.
[27 CFR 555.11, 555.202(b), 555.203(d), 555.207, 555.208, 555.210]
Yes. Display fireworks include, but are not limited to, salutes containing more than 2 grains (130 mg) of flash powder, aerial shells containing more than 40 grams of pyrotechnic compositions (excluding the lift charge), and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks". These fireworks are classified as fireworks UN0333, UN0334, or UN0335 by regulations of the U.S. Department of Transportation at 49 CFR 172.101. Display fireworks also include fused set pieces containing components which together exceed 50 mg of salute powder. Any fireworks defined as “display fireworks” in 27 CFR 555.11 may be lawfully received or transported only by persons who hold a valid license or permit. No ATF license or permit is required to receive or transport “consumer fireworks” or “articles pyrotechnic”.
[18 U.S.C. 842(a)(3); 27 CFR 555.26, 555.141(a)(7); 27 CFR 555.11: definition of "display fireworks"]
Generally, the importation, distribution, and storage of fireworks defined as consumer fireworks are exempted from the provisions of the Federal explosives laws. However, because they contain pyrotechnic compositions classed by ATF as explosive materials, the manufacture of consumer fireworks requires a manufacturer’s license. In addition, pyrotechnic compositions used in the manufacture of consumer fireworks must be stored in accordance with regulations in 27 CFR Subpart K. Consumer fireworks are defined as "any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in Title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg or less of flash powder, and aerial devices containing 130 mg or less of flash powder. Consumer fireworks are classified as fireworks UN0336 and UN0337 by the U.S. Department of Transportation at 49 CFR 172.101. This term does not include fused set pieces containing components which together exceed 50 mg of salute powder."
[27 CFR 555.11: definition of "consumer fireworks"; definition of "licensed manufacturer", 555.141(a)(7)]
