ATF Post 911

1
ATF Post 9-11

• Presentation By
• Bill Walke
• September 24, 2003

2
ATF Post 9-11
President Bush signs Safe Explosive Act (the Act)
into law November 25, 2002.
The Act is phased in at 60 days (1/24/03) and 180
days (5/24/03).
Firearms Explosives transfers from the
Department of the Treasury to the Department of
Justice known as the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATFE).
3
ATF Post 9-11

• January 24, 2003. In addition to the existing
  prohibited persons categories, the new
  legislation adds
• aliens (with limited exceptions)
• (2) persons who have been dishonorably
  discharged from the military and
• (3) persons who have renounced their United
  States citizenship.

4
ATF Post 9-11
ATF updated Form 5400.4, Explosives Transaction
Record, and Form 5400.8, Explosives Delivery
Record. The required use effective on January 24,
2003.
When requested by ATF, manufacturers and
importers of explosive materials, including
ammonium nitrate, must furnish samples of these
materials to ATF.
5
ATF Post 9-11
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."
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.
6
ATF Post 9-11
The term responsible person is defined in the
law as an individual who has the power to direct
the management and policies of the applicant
pertaining to explosive materials.
This would generally include sole proprietors,
partners, site managers, corporate officers and
directors, and majority shareholders.
Those officials having no power to direct the
management and policies of the applicant with
respect to explosive materials are not
responsible persons
7
ATF Post 9-11
Actual possession exists when a person is in
immediate possession or control of explosive
materials, and includes instances where a person
knowingly has direct physical control over the
explosive materials at a given time.
Thus, employees who handle explosive materials in
the course of their employment would clearly be
in possession of those materials. This would
include employees who handle explosive materials
as part of the production process employees who
handle explosive materials in order to ship,
transport, or sell them.
8
ATF Post 9-11
An employee has constructive possession where he
knowingly has the power and intention to exercise
dominion and control over the explosive
materials, either directly or indirectly through
others. For example, an employee at a
construction site who keeps keys for magazines in
which explosive materials are stored or who
directs the use of explosive materials by other
employees would be in constructive possession of
the explosive materials. Likewise, an employee
transporting explosive materials from a licensee
to a purchaser has constructive possession of the
explosive materials, even though the employee may
not have direct contact with the explosives.
9
ATF Post 9-11
Helpful Suggestions for Licensing and/or Renewals
Dont wait for ATF to send the renewal
application. Contact the National Licensing
Center through ATF web site http//www.atf.treas.g
ov/ at least 60 days before expiration.
Request at least 1½ times the number of Finger
Print Cards that are needed (renewal package has
only one). ATF will not accept copies. Also,
arrange for local law enforcement agency to do
the finger printing (card must be signed by law
officer).
10
ATF Post 9-11
Helpful Suggestions for Licensing cont.
Download from ATF web site the Application and
Employee Possessor Questionnaire. These can be
copied as one is require for each Responsible
Person and Possessor.
Photo copy all documents and send originals by
registered mail!