ATF RULINGS

Updates:
1/22/07 -- New ruling regarding computerized recordkeeping and other alternate forms of recordkeeping (click here)
11/29/05 -- New ruling issued re. the meaning of the term "inhabited building" (click here)

ATF occasionally issues rulings to clarify issues of interpretation of the Commerce in Explosives Regulations.  The complete listing of rulings can be found on the ATF website at:  http://www.atf.gov/alcohol/info/revrule/revrulex.htm.   While ATF rulings address issues regarding firearms, fireworks, alcohol, and tobacco as well as explosives, the summaries presented below address only explosives-related rulings and do not address those rulings pertaining to firearms, fireworks, alcohol, or tobacco.  

Click a link to review:

• Older Rulings

• Recent Rulings

Older Rulings:  In ATF -- Explosives Law and Regulations (ATF P 5400.7 (6/90)), ATF published a digest of rulings issued in the 1970s that were "... regarding explosives matters which are of special significance to Federal explosives licensees and permittees ...".  The following is a listing of these rulings:

• ATF Proc. 75-4: Descriptions of Explosives Storage Facilities

• ATF Rul. 75-20:  Meaning of Terms, "Inhabited Building" (see ATF Rul. 2005-3 for an update)

• ATF Rul. 75-21:  Construction of Storage Facilities by the Department of Defense -- Concrete Floors

• ATF Rul. 75-31:  Meaning of Terms, "Engaged in the Business"

• ATF Rul. 75-35:  Identification of Explosive Materials

• ATF Rul. 76-4:    Meaning of Terms, "State of Residence"

• ATF Rul. 76-10:  One Sale with Multiple Deliveries

• ATF Rul. 76-18:  Alternate Magazine Construction Standards

• ATF Rul. 77-13:  Reporting Theft or Loss of Explosive Materials

• ATF Rul. 77-24:  Storage of Electric Blasting Caps with other Explosive Materials

This listing is provided for reference only.  Some of these older rulings may have been modified or superseded by subsequent regulations or rulings; therefore, reader caution is advised.  You can obtain a copy of these older rulings by clicking here.

Back to top

Recent Rulings:  The following is a summary of those rulings dealing specifically with explosives issues:

ATF Rul. 2002-3
Indoor Storage of Explosives in a Residence or Dwelling (click here for a copy)

• Issued:  8/23/2002

• Summary:  ATF will approve variances to store explosives in a residence or dwelling only upon certain conditions including, but not limited to, receipt of a certification of compliance with State and local law, and documentation that local fire safety officials have received a copy of the certification.

• OCS Commentary:  See Summary above.

Back to top

ATF Rul. 2002-4
Indoor Storage of Explosives in Business Premises Directly Adjacent to a Residence or Dwelling (click here for a copy)

• Issued:  8/23/2002

• Summary:  ATF requires approval of variances for indoor storage of explosives in business premises directly adjacent to a residence or dwelling.

• OCS Commentary:  ATF considers that a business premises that contains living quarters retains its character as a residence or dwelling.  Storage of explosives in a residence or dwelling is prohibited unless ATF has issued a variance to allow such storage.

Back to top

ATF Rul. 2003-5
Distribution of Explosives to Limited Permittees (click here for a copy)

• Issued:  5/23/2003

• Summary:   Relieves common/contract carriers from the requirement that they verify the identity of persons taking possession of explosives when delivering to holders of limited permits. In the ruling, ATF provides an alternate procedure for compliance with the requirements of 27 CFR 555.105(b)(6)(iii).

• OCS Commentary:  Click here for more information.

Back to top

ATF Rul. 2004-3
Locking Requirements for Indoor Type 4 Storage Magazines; Alternate Methods or Procedures; Emergency Variations from Requirements (click here for a copy)

• Issued:  6/5/04

• Summary:  Under certain conditions, flush-mounted bolt-type locks will be considered adequate for locking type 4 indoor magazines.

• OCS Commentary:  ATF makes the following conclusions in ATF Rul. 2004-3:

1. Cam-type locks (flush-mount lever locks) are not acceptable.

2. Similarly mounted locks with a bolt-type locking mechanism are not acceptable.

3. Flush mount bolt-style locks that utilize interlocking solid metal parts, each affixed securely to the magazine so that they cannot be readily removed from the exterior magazine is acceptable for used on indoor type 4 magazines if each locking mechanism has at least 5 tumblers..

Back to top

ATF Rul. 2005-2
Meaning of Term "Highway" (click here for a copy)

• Issued:  9/8/05

• Summary:  ATF provides guidance on three different private roads and whether they are "highways" as defined in 27 CFR 555.11.

• OCS Commentary:  ATF makes the following conclusions in ATF Rul. 2005-2:

  1. A private road with no gate, signs or other means of restricting access and that is used by the general public as an access road to a parking lot or other public streets is a "highway" as defined in 27 CFR 555.11.

  2. A private road with a locked gate at the entrance that is locked at all times and used by a limited number of persons leasing or owning the property accessed by the road is not a "highway" as defined in 27 CFR 555.11.

  3. A private road with access restrictions that are never or only occasionally enforced and that is regularly used by the general public is a "highway" as defined in 27 CFR 555.11.

  For a private road to be excluded from the term "highway" as defined by ATF, there must be effective access restrictions in use to prevent routine use of the private road by the general public.  If routine use of the private road by the general public is allowed, then the road is a highway as defined in 27 CFR 555.11.

Back to top

ATF Rul. 2005-3  (updated 2/26/06: item 1b, 2f, and 2g)
Meaning of Term "Inhabited Building" (click here for a copy)

• Issued:  11/25/05

• Summary:  ATF provides guidance on two situations involving structures and whether they are "inhabited buildings" as defined in 27 CFR Part 555.

• OCS Commentary:  ATF makes the following conclusions in ATF Rul. 2005-3:

  1. "Inhabited buildings" are:

     1. habitations, churches, schoolhouses, railroad stations, stores or

     2. other structures that are not occupied in connection with explosives activities and are structures where "people" are "accustomed" to "assemble".

  2. Regarding "other structures" as described in 1.b. above:

     1. More than one person must "assemble" at a structure for it to be an "inhabited building".

     2. The presence of one person at a structure or location is not an assembly of any sort.

     3. Structures where one person is present, regardless of frequency of presence, are not "inhabited buildings".

     4. Structures where 2 or more persons are present on an occasional and infrequent basis are not "inhabited buildings".

     5. Structures where 2 or more persons are present on a regular basis for a common purpose are "inhabited buildings".

     6. Any building occupied in connection with the manufacture, transportation, storage, or use of explosive materials, is not an "inhabited building", as to magazines located on a licensee's premises.

     7. Any building occupied in connection with the manufacture, transportation, storage, or use of explosive materials, is not an "inhabited building", as to magazines located on property owned by another licensee.

Back to top

ATF Rul. 2007-1
Maintaining Required Explosives Records in Computerized Form (click here for a copy)

• Issued:  1/18/07

• Summary:  ATF approves the use of computerized records without the need to first obtain a variance.  ATF clarifies what forms of recordkeeping are acceptable under the regulations. 

• OCS Commentary:  

  Computerized recordkeeping can now be used, without first obtaining a variance, if the following conditions are satisfied:

  1. Data entered into a computer system must be recorded into a database and cannot be capable of being edited or modified at a later date.

  2. Error corrections must be maintained as entirely new entries (i.e., you cannot change the original record, you must correct it by entry of a subsequent record).  Entries in a notes field (column) to explain a correction are acceptable.

  3. The system must have a reliable daily backup capability to protect the data from deletion or other system failure.

  Acceptability of alternate forms of recordkeeping.   

  In ATF Rul. 2007-1, ATF states that it is acceptable to maintain required records "... using a combination of computer program, commercial invoices, and other documents ..."  This is subject to the proviso that the required information for a particular transaction is fully contained in a single recordkeeping medium.  For example, in recording dispositions of explosives, one cannot keep the date and manufacturers name in a computer and all the other required information (quantity, date/shift code, etc.) for that transaction in a separate written document.  For a particular transaction, if part of the transaction is on paper, then all of the transaction must be on that paper, and if part of the transaction is in the computer, then all of the transaction must be in the computer.

  The provisions of ATF Rul. 2007-1 are applicable to holders of Federal explosives licenses or permits until:

  1. ATF advises in writing that the provisions of the ruling are no longer applicable or

  2. The holder no longer has a Federal Explosives license or permit. 

Back to top

ATF | CE Certification | Classification | Exemptions | Export Controls | HAZLIST | HAZCOM | UN
Home | Reference | Products | Links | Other
Feedback | Search | What's New