[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: 27CFR55.41]

[Page 936-937]
 
            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 D--Licenses and Permits
 
Sec. 55.41  General.


    (a) Each person intending to engage in business as an importer or 
manufacturer of, or a dealer in, explosive materials, including black 
powder, shall, before commencing business, obtain the license required 
by this subpart for the business to be operated. Each person who intends 
to acquire for use explosive materials from a licensee in a State other 
than the State in which he resides, or from a foreign country, or who 
intends to transport explosive materials in interstate or foreign 
commerce, shall obtain a permit under this subpart; except that it is 
not necessary to obtain a permit if the user intends to lawfully 
purchase:
    (1) Explosive materials from a licensee in a State contiguous to the 
user's State of residence and the user'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, or
    (2) Commercially manufactured black powder in quantities not to 
exceed 50 pounds, intended to be used solely for sporting, recreational, 
or cultural purposes in antique firearms or in antique devices.
    (b) Each person intending to engage in business as an explosive 
materials importer, manufacturer, or dealer shall file an application, 
with the required fee (see Sec. 55.42), with ATF in accordance

[[Page 937]]

with the instructions on the form (see Sec. 55.45). A license shall, 
subject to law, entitle the licensee to transport, ship, and receive 
explosive materials in interstate or foreign commerce, and to engage in 
the business specified by the license, at the location described on the 
license. A separate license must be obtained for each business premises 
at which the applicant is to manufacture, import, or distribute 
explosive materials except under the following circumstances:
    (1) A separate license shall not be required for storage facilities 
operated by the licensee as an integral part of one business premises or 
to cover a location used by the licensee solely for maintaining the 
records required by this part.
    (2) A separate license shall not be required of a licensed 
manufacturer with respect to his on-site manufacturing.
    (3) It shall not be necessary for a licensed importer or a licensed 
manufacturer (for purposes of sale or distribution) to also obtain a 
dealer's license in order to engage in business on his licensed premises 
as a dealer in explosive materials.
    (4) A separate license shall not be required of licensed 
manufacturers with respect to their on-site manufacture of theatrical 
flash powder.
    (c) Except as provided in paragraph (a) of this section, each person 
intending to acquire explosive materials from a licensee in a State 
other than a State in which he resides, or from a foreign country, or 
who intends to transport explosive materials in interstate or foreign 
commerce, shall file an application, with the required fee (see 
Sec. 55.43), with ATF in accordance with the instructions on the form 
(see Sec. 55.45). A permit shall, subject to law, entitle the permittee 
to acquire, transport, ship, and receive in interstate or foreign 
commerce explosive materials of the class authorized by this permit. 
Only one permit is required under this part.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226))

[T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-200, 50 
FR 10497, Mar. 15, 1985; T.D. ATF-314, 56 FR 49140, Sept. 27, 1991; T.D. 
ATF-400, 63 FR 45002, Aug. 24, 1998]