CES Regulatory Compliance & Guidelines 2 — Questions and Answers
Question 1: Under the federal Safe Explosives Act, which entity is responsible for issuing Federal Explosives Licenses (FELs) and Federal Explosives Permits (FEPs)?
- OSHA
- ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) (Correct answer)
- EPA
- DOT Pipeline and Hazardous Materials Safety Administration
Correct answer: ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives)
The ATF administers the federal explosives laws under 18 U.S.C. Chapter 40 and issues FELs and FEPs to qualified individuals and businesses.
Question 2: A Responsible Person (RP) applicant for a Federal Explosives License must undergo what type of background check?
- State criminal history check only
- FBI National Instant Criminal Background Check System (NICS)
- FBI fingerprint-based criminal history check through ATF (Correct answer)
- Department of Homeland Security screening only
Correct answer: FBI fingerprint-based criminal history check through ATF
ATF requires all Responsible Persons to submit fingerprints for an FBI criminal history check as part of the FEL/FEP application process.
Question 3: Under 27 CFR Part 555, how often must a licensee or permittee conduct a physical inventory of explosive materials?
- Monthly
- Quarterly
- Annually at minimum (Correct answer)
- Every two years
Correct answer: Annually at minimum
27 CFR 555.127 requires licensees and permittees to conduct a physical inventory of explosive materials at least annually.
Question 4: Which federal law, enacted in 1970, established the foundational statutory framework for regulating explosive materials commerce in the United States?
- Organized Crime Control Act of 1970, Title XI (Correct answer)
- Explosives Control Act of 1972
- Safe Explosives Act of 2002
- Homeland Security Act of 2002
Correct answer: Organized Crime Control Act of 1970, Title XI
Title XI of the Organized Crime Control Act of 1970 (codified at 18 U.S.C. Chapter 40) is the foundational federal explosives statute.
Question 5: What is the maximum penalty for knowingly making a false statement on a Federal Explosives License application?
- $5,000 fine only
- Up to 5 years imprisonment and/or $250,000 fine
- Up to 10 years imprisonment and/or $250,000 fine (Correct answer)
- License revocation with no criminal penalty
Correct answer: Up to 10 years imprisonment and/or $250,000 fine
Under 18 U.S.C. § 842(a), making false statements on explosives license applications carries up to 10 years imprisonment and substantial fines.
Question 6: Which class of person is prohibited from possessing explosive materials under 18 U.S.C. § 842(i)?
- A licensed dealer who has filed for bankruptcy
- A person under 18 years of age for commercial use only
- A person who has been convicted of a felony punishable by more than one year imprisonment (Correct answer)
- A person with a misdemeanor conviction for any offense
Correct answer: A person who has been convicted of a felony punishable by more than one year imprisonment
18 U.S.C. § 842(i) prohibits persons convicted of felonies punishable by more than one year in prison from receiving or possessing explosive materials.
Question 7: A Federal Explosives License or Permit is issued for what duration before renewal is required?
- One year
- Two years
- Three years (Correct answer)
- Five years
Correct answer: Three years
Under 27 CFR 555.46, FELs and FEPs are valid for three years from the date of issuance.
CES Regulatory Compliance & Guidelines 2
Under the federal Safe Explosives Act, which entity is responsible for issuing Federal Explosives Licenses (FELs) and Federal Explosives Permits (FEPs)?