[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: 27CFR55.49]

[Page 938-939]
 
            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. 55.49  Issuance of license or permit.

    (a) The Chief, Firearms and Explosives Licensing Center, shall issue 
a license or permit if (1) a properly executed application for the 
license or permit is received, and (2) through further inquiry or 
investigation, or otherwise, it is found that the applicant is entitled 
to the license or permit. The license or permit and one copy will be 
forwarded to the applicant, except that in the case of a user-limited 
permit, the original only shall be issued. Each license or permit will 
bear a serial number and this number may be assigned to the licensee or 
permittee to whom issued for as long as he maintains continuity of 
renewal in the same region.
    (b) The Chief, Firearms and Explosives Licensing Center, shall 
approve a properly executed application for a license or permit, if:
    (1) The applicant is 21 years of age or over;
    (2) The applicant (including, in the case of a corporation, 
partnership, or association, any individual possessing,

[[Page 939]]

directly or indirectly, the power to direct or cause the direction of 
the management and policies of the corporation, partnership, or 
association) is not a person to whom distribution of explosive materials 
is prohibited under the Act;
    (3) The applicant has not willfully violated any provisions of the 
Act or this part;
    (4) The applicant has not knowingly withheld information or has not 
made any false or fictitious statement intended or likely to deceive, in 
connection with his application;
    (5) The applicant has in a State, premises from which he conducts 
business or operations subject to license or permit under the Act or 
from which he intends to conduct business or operations;
    (6) The applicant has storage for the class (as described in 
Sec. 55.202) of explosive materials described on the application, unless 
he establishes to the satisfaction of the Chief, Firearms and Explosives 
Licensing Center that the business or operations to be conducted will 
not require the storage of explosive materials.
    (7) The applicant has certified in writing that he is familiar with 
and understands all published State laws and local ordinances relating 
to explosive materials for the location in which he intends to do 
business; and
    (8) The applicant for a license has submitted the certificate 
required by section 21 of the Federal Water Pollution Control Act, as 
amended (33 U.S.C. 1341).
    (c) The Chief, Firearms and Explosives Licensing Center, shall 
approve or the regional director (compliance) shall deny any application 
for a license or permit within the 45-day period beginning on the date a 
properly executed application was received. However, when an applicant 
for license or permit renewal is a person who is, under the provisions 
of Sec. 55.83 or Sec. 55.142, conducting business or operations under a 
previously issued license or permit, action regarding the application 
will be held in abeyance pending the completion of the proceedings 
against the applicant's existing license or permit, or renewal 
application, or final action by the Director on an application for 
relief submitted under Sec. 55.142, as the case may be.

(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 10498, Mar. 15, 1985; T.D. ATF-290, 54 FR 53054, Dec. 27, 1989; T.D. 
ATF-387, 62 FR 8376, Feb. 25, 1997]