Bureau of Alcohol, Tobacco, Firearms & Explosives

1. Bureau of Alcohol, Tobacco, Firearms & Explosives ATF EXPLOSIVES REGULATIONS

2. AGENDA • ATF authority • Explosives licensing • Other explosives regulations • Advice • Additional Resources Available NOTE: This outline was developed as a guideline for presentation by an ATF regulatory official.  For regulatory requirements and guidelines, you should consult http://www.atf.gov/publications/download/p/atf-p-5400-7.pdf or contact your local ATF office: http://www.atf.gov/field/

3. ATF JURISDICTION

4. ATF JURISDICTION • Explosives distributions occur when explosives are: sold, issued, given, or otherwise transferred. • Transfer of possession constitutes an explosives distribution. • Persons acquiring explosives must have an explosives license or permit. • Contractors or non-employees are authorized to operate under a licensee or permittee if: • Operations are conducted under the direct and physical oversight of a licensee’s or permittee’s EP or RP.

5. ATF INSPECTIONS

6. ATF JURISDICTION • LICENSES (engaging in the business) • Manufacturing • Importing • Dealing • PERMITS • LIMITED PERMIT • Intrastate only • Yearly renewal • 6 purchases per year • USER LIMITED (1 time purchase)

7. ATF JURISDICTION Individual types of licenses/permits (e.g. Type 20, 21, etc) are no longer on the explosives application.

8. LICENSING • Employee possessor: An individual who: • (1) is employed by the licensee or permittee, and • (2) has actual or constructive possession of explosive materials during the course of their employment • Responsible Person: An individual who: • has the power to direct management and policies of the applicant pertaining to explosive materials.

9. KEEP IN MIND • EP status cannot be transferred between companies. • EP must be an actual employee of the company holding a license or permit. (no contractors) • EP’s should also include those supervising employees who are handling explosives (constructive possession).

10. KEEP IN MIND • An EP or RP must be physically present at the explosives use site; and • Must directly supervise any non-EP/RPs (e.g. subcontractors on site) present • Contact EIPB if you are unsure if an individual is an employee or contractor

11. KEEP IN MIND • The same EP and RP can be listed on multiple licenses or permits. • A new form is required for each license or permit • Not required to submit photos and fingerprint cards again

12. EXPLOSIVES MUST BE STORED EXCEPT WHEN:

13. STORAGE APPLIES TO ALL PERSONS NEW MAGAZINES? INSPECTION -7 DAYS?

14. RECORDS

15. CONDUCT OF BUSINESS

16. CONDUCT OF BUSINESS

17. Should (Must) I Get an ATF Permit? • $100 for 3 years; $50 for 3-year renewals • ATF visit for application/renewal • Must keep proper records • Must store explosives properly (but so must everybody else!) • May purchase, receive, and transport explosives • Use ATF as a resource

18. Contact ATF: 1-800-800-3855 Must be reported within 24 hours of discovery of theft or loss Complete and submit Form 5400.5 Penalties for failure to report theft include a $10,000 fine, imprisonment for not more that 5 years, or both Contact local authorities Theft or Loss

19. SUSPICIOUS ACTIVITY • Notify ATF • e.g. (Attempted magazine break-ins, Delivery vehicles being followed.) • Call 1-888-ATF-BOMB • Theft Advisory Checklist (April 19, 2011) • http://www.atf.gov/press/releases/2011/04/041911-open-letter-to-all-explosive-industry-members.html • Immediately notify local authorities if witnessing criminal activity.

20. Good Advice Prioritize safety and security • Take frequent inventories • Review security at your premises • Consider internal controls (key accountability, records review) • Upgrade padlocks Develop a relationship with your local ATF office • Educate them about your business • Call if you have any questions or problems • Invite ATF to talk with your employees about requirements and inspections

21. REFERENCES

22. Safety and Security Booklet Produced in partnership with International Society of Explosives Engineers (ISEE) and the Institute of Makers of Explosives (IME). Provides industry members with useful tips, techniques, and tools for properly securing explosive materials. ATF hotlines and contact information. Identifying areas of weakness and vulnerability in security . . . • Available at www.atf.gov/pub/fire-explo_pub/p540015.pdf

23. Republished in June 2012 Updated rulings Federal Explosives Law and Regulations

24. Newsletter Information • Bi-annual Newsletter • No longer distributed in “hard copy” format unless specifically requested from the ATF Distribution Center • Current and previous issues are available on-line at http://www.atf.gov/publications/ newsletters/ • Would you like a question or issue addressed in the next newsletter? Let us know at eipb@atf.gov

25. Recent Publications • Voluntary Steps to Prepare for a Pending Natural Disaster • Magazine Construction Requirements • DSMT Requirements • Compliance Guidelines For Federal Explosives Licensees and Permittees • And Record Keeping Requirements for . . . • Explosive Material Manufacturers • Explosives Permittees / Limited Permittees • Explosive Material Importers • Dealers of Explosive Materials View on-line at http://www.atf.gov/publications/explosives-arson/

26. Website Update Notices • ATF website www.atf.govE-mail updates feature • Receive email notices when new explosives information is posted to the ATF site • Subscribe by clicking on one of the links on the available web pages and completing the requested e-mail and preference information * ATF is now on Twitter!

27. Local ATF field offices www.atf.gov/field/index.htm Explosives Industry Programs Branch (EIPB) EIPB e-mail address: EIPB@atf.gov EIPB phone number: (202) 648-7120 Federal Explosives Licensing Center (FELC) FELC e-mail address: FELC@atf.gov FELC phone number: (877) 283-3352 ATF Twitter www.twitter.com/ATFHQ Industry Resources