FY- 03-06
Contact: Gary M. Comerford
202-927-8500

For Immediate Release
www.atf.gov
March 20, 2003

ATF ISSUES INTERIM FINAL RULE ON SAFE EXPLOSIVES ACT
Comments Due By June 18, 2003

WASHINGTON -- The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued an Interim Final Rule today that will implement provisions of the Safe Explosives Act signed into law by President Bush on Nov. 25, 2002.

Passed as part of the Homeland Security Act in response to the concern about possible threats, the Safe Explosives Act requires tighter security for explosives materials and increased security measures for purchasers and possessors of explosives. It requires all persons who wish to obtain explosives, even for limited use, to obtain a federal license or permit and adds three new categories of people who may not lawfully receive or possess explosive materials.

By implementing these new requirements through its interim rule, ATF seeks to help prevent the criminal misuse of explosive materials, while facilitating the acquisition of explosives for use in the wide variety of lawful uses by businesses and individuals in our economy and society.

The interim rule sets forth procedures and establishes regulations regarding issues covered in the Act. Among other things, it implements the law's requirement that all people receiving explosives on and after May 24, 2003, obtain a federal license or permit, and creates a new type of permit, the "limited permit."

Officially known as the Interim Final Rule with Request for Comments on the Implementation of the Safe Explosives Act Title XI, Subtitle C of Public Law 107-296, the Homeland Security Act of 2002, it also provides a 90-day period for comments on the new regulations. In general, the regulations go into effect March 20, 2003, with comments due no later than June 18, 2003.

Certain other provisions contained in the interim rule:

  • Specify three new categories of people who may not lawfully receive or possess explosive materials. They are:
    - Aliens (other than lawful permanent residents and other excepted aliens);
    - Persons dishonorably discharged from the military; and
    - Persons who have renounced their U.S. citizenship.
  • Require applicants for licenses and permits to provide as part of their application the names and appropriate identifying information regarding employees authorized to possess explosives materials as well as fingerprints and photographs of "responsible persons";
  • Require that ATF conduct background checks on responsible persons and employees authorized to possess explosive materials; and
  • Expand ATF's authority to grant relief from disabilities to all categories of prohibited persons.

The interim rule may be found in the Federal Register or on the ATF web site.

 

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