OPEN LETTER TO ALL FEDERAL EXPLOSIVES LICENSEES AND PERMITTEES
The
purpose of this letter is to provide you information on the provisions of the
Safe Explosives Act (the Act), which was enacted on November 25, 2002. This legislation
directly affects all persons who receive explosive materials by requiring that
all persons have, at minimum, a "limited permit" in order to obtain
explosive materials. This requirement will be effective 180 days after enactment
of the new law. Persons who do not currently hold a Federal explosives license
or permit, and who will receive explosives on or after May 24, 2003, must obtain
from the Bureau of Alcohol, Tobacco and Firearms (ATF) an approved license or
permit prior to receiving further shipments of explosives. The
Act also expands the list of persons prohibited from possessing explosives. Unlike
the provisions of the Act pertaining to the permit requirement, the expanded list
of individuals prohibited from possessing explosive materials is effective on
January 24, 2003. In addition to the existing prohibited persons categories, the
newly enacted legislation adds: (1) aliens (with limited exceptions); (2) persons
who have been dishonorably discharged from the military; and (3) persons who
have renounced their United States citizenship. Similarly, it will be unlawful
to distribute explosive materials to these persons or to anyone currently prohibited
from possessing explosives. Prohibited persons generally will be eligible to apply
for relief from Federal explosives disabilities. EXPLOSIVES
PROVISIONS EFFECTIVE JANUARY 24, 2003. New
ATF Forms: In an effort to implement the newly enacted explosives legislation,
ATF has updated Form 5400.4, Explosives Transaction Record, and Form 5400.8, Explosives
Delivery Record. These forms contain, among other things, new instructions and
important notice sections in order to facilitate a better understanding of the
requirements that apply to all persons who purchase and store explosive materials. The
required use of the new forms will be effective on January 24, 2003. All previous
versions of this form are obsolete and may not be used. We were unable to provide
hard copies of the new forms to licensees and permittees prior to the enactment
of the new law. In the meantime, you may obtain printable copies of these revised
forms online at http://www.atf.treas.gov. You may also order the forms from the
ATF Distribution Center at 703-455-7801 or by contacting your local ATF office.
The new forms are currently being printed and will be distributed to you as soon
as possible. We regret any inconvenience or disruption to your business operations
that this may have caused. ATF
Form 5400.4, Explosives Transaction Record: This form is currently used in
transactions involving the distribution of explosive materials to persons and
business entities that do not hold a Federal explosives license or permit. The
revisions to this form include, primarily, the addition of the expanded prohibited
persons categories. The revised form will also require the seller to verify the
identity of buyers by removing the option to check the "is known to me"
box on the form in Section B, Item 18. The form has also been revised in Section
A, Items 9-14, to facilitate the collection of additional information related
to the purchaser's intended use of explosive materials. ATF has also revised the
buyer certification statement in Section A, Item 16. ATF
Form 5400.8, Explosives Delivery Record: This form is currently used when
an employee of a purchaser, or a common carrier hired by a purchaser, takes possession
of explosive materials at a licensee's premises. The form serves as a record for
the licensee to identify the person who has taken possession of explosive materials
on behalf of the purchaser for delivery to that purchaser. The
revised form contains all prohibited person categories and requires that purchasers,
employees of purchasers, and common carriers hired by purchasers, certify that
they are not prohibited from taking possession of explosive materials. The
revised form also requires sellers to verify the identity of all persons taking
possession of explosive materials on behalf of a purchaser by removing the option
for licensees to check the "is known to me" box on the form in Section
B, Item 12. Sample
Submissions: When requested by ATF, manufacturers and importers of explosive
materials, including ammonium nitrate, must furnish samples of these materials
to ATF, as well as information on their chemical composition or other information.
This will assist ATF in the identification of explosives found at crime scenes. EXPLOSIVES
PROVISIONS EFFECTIVE MAY 24, 2003. Limited
Permits: Beginning May 24, 2003, all persons who seek to acquire explosive
materials must possess a license, a user permit, or a new intrastate "limited
permit." The newly created limited permit will allow the purchaser to receive
explosive materials on no more than six occasions during the period of the permit;
however, unlike a user permit or a license, the limited permit will not allow
the holder to acquire or to transport explosive materials outside his or her State
of residence. Revised applications and renewal applications for all licenses and
permits will be made available as soon as possible. Background
Checks: The new law also requires that all licensees and permittees, along
with responsible persons, submit to ATF identifying information, fingerprints,
and photographs. All employees who possess explosive materials on behalf of a
licensee or permittee will be required to submit only identifying information.
In turn, ATF is required to conduct background checks on all responsible persons
and all employee possessors to determine whether such persons are, or are not,
prohibited from possessing explosive materials. ATF will notify employers in writing
or electronically of the result of each background check and will supply employees
and responsible persons with "letters of clearance" where appropriate.
If ATF determines that an employee or responsible person is subject to an explosives
prohibition, ATF must provide information about the determination and appeal procedures. Please
be advised that 18 U.S.C. 842(i) generally prohibits persons who are subject to
any of the prohibiting categories from possessing explosive materials. Although
licensees and permittees are not required to perform their own background checks
on employees who will possess explosive materials in the course of their employment,
they should attempt to ensure that current employees and prospective employees
are not prohibited from possessing explosive materials. If employers do conduct
background checks through a private or other entity, those checks cannot be used
in lieu of the ATF background check. Inspection
Authority: ATF will be required to physically inspect all ATF licensees and
permittees at least once every three calendar years for compliance with Federal
explosives storage requirements. ATF inspection authority will not otherwise change
with respect to current licensees and permittees. ATF will have authority to conduct
inspections of the new "limited permittees" and their places of storage
for explosive materials. If
you need any additional information regarding the newly enacted legislation, please
contact the Public Safety Branch at 202-927-2310. Sincerely
yours,
John P. Malone Assistant Director (Firearms, Explosives and Arson)
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