[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR55.26]

[Page 934-935]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE 
                                TREASURY
 
PART 55--COMMERCE IN EXPLOSIVES--Table of Contents
 
         Subpart C--Administrative and Miscellaneous Provisions
 
Sec. 55.26  Prohibited shipment, transportation, receipt, possession, or distribution of explosive materials.

    (a) No person, other than a licensee or permittee, shall transport, 
ship, cause to be transported, or receive in interstate or foreign 
commerce any explosive materials. This paragraph does not apply to:
    (1) The transportation, shipment, or receipt of explosive materials 
by a nonlicensed person or nonpermittee who lawfully purchases explosive 
materials from a licensee in a State contiguous to the purchaser's State 
of residence if, (i) the purchaser's State of residence has enacted 
legislation, currently in force, specifically authorizing a resident of 
that State to purchase explosive materials in a contiguous State, (ii) 
the provisions of Sec. 55.105(c) are fully complied with, and (iii) the 
purchaser is not otherwise prohibited under paragraph (b) of this 
section from shipping or transporting explosive materials in

[[Page 935]]

interstate or foreign commerce or receiving explosive materials which 
have been shipped or transported in interstate or foreign commerce; or
    (2) The lawful purchase by a nonlicensee or nonpermittee of 
commercially manufactured black powder in quantities not to exceed 50 
pounds, if the black 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 as exempted from the term 
``destructive device'' in 18 U.S.C. 921(a)(4).
    (b) No person may ship or transport any explosive material in 
interstate or foreign commerce or receive or possess any explosive 
materials which have been shipped or transported in interstate or 
foreign commerce who:
    (1) Is under indictment or information for, or who has been 
convicted in any court of, a crime punishable by imprisonment for a term 
exceeding one year,
    (2) Is a fugitive from justice,
    (3) Is an unlawful user of or addicted to marijuana, or any 
depressant or stimulant drug, or narcotic drug (as these terms are 
defined in the Controlled Substances Act; 21 U.S.C. 802), or
    (4) Has been adjudicated as a mental defective or has been committed 
to a mental institution.
    (c) No person shall knowingly distribute explosive materials to any 
individual who:
    (1) Is under twenty-one years of age,
    (2) Is under indictment or information for, or who has been 
convicted in any court of, a crime punishable by imprisonment for a term 
exceeding one year,
    (3) Is a fugitive from justice,
    (4) Is an unlawful user of or addicted to marijuana, or any 
depressant or stimulant drug, or narcotic drug (as these terms are 
defined in the Controlled Substances Act; 21 U.S.C. 802), or
    (5) Has been adjudicated as a mental defective or has been committed 
to a mental institution.
    (d) See Sec. 55.180 for regulations concerning the prohibited 
manufacture, importation, exportation, shipment, transportation, 
receipt, transfer, or possession of plastic explosives that do not 
contain a detection agent.

[T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-293, 55 
FR 3721, Feb. 5, 1990; T.D. ATF-363, 60 FR 17449, Apr. 6, 1995; T.D. 
ATF-387, 62 FR 8376, Feb. 25, 1997]