FFL Ammunition & Explosive Licensing 4 — Questions and Answers
Question 1: What does the term 'destructive device' include under 26 U.S.C. § 5845?
- Any firearm with a barrel under 16 inches
- Any explosive bomb, grenade, or similar device (Correct answer)
- Any semiautomatic firearm capable of accepting a detachable magazine
- Any silencer or suppressor
Correct answer: Any explosive bomb, grenade, or similar device
Under 26 U.S.C. § 5845, 'destructive device' includes explosive bombs, grenades, rockets, mines, and similar devices.
Question 2: A licensee wishes to sell 'incendiary ammunition.' Under federal law, this type of ammunition is most accurately categorized as:
- Armor-piercing ammunition subject to the AP ban
- Unregulated sporting ammunition
- A destructive device requiring NFA registration (Correct answer)
- Prohibited for all civilian sales
Correct answer: A destructive device requiring NFA registration
Certain incendiary ammunition can be classified as a destructive device under the NFA, requiring registration and compliance with NFA transfer procedures.
Question 3: Which federal law established the framework for regulating explosive materials, including licensing and permit requirements?
- The Gun Control Act of 1968
- The Organized Crime Control Act of 1970 (Title XI) (Correct answer)
- The Safe Explosives Act of 2002
- The Homeland Security Act of 2002
Correct answer: The Organized Crime Control Act of 1970 (Title XI)
Title XI of the Organized Crime Control Act of 1970 established the federal framework for regulating explosive materials, codified in 18 U.S.C. Chapter 40.
Question 4: What is the maximum civil penalty an FFL dealer can face for a single willful violation related to ammunition record-keeping?
- $1,000
- $2,500
- $10,000 (Correct answer)
- $250,000
Correct answer: $10,000
ATF can assess civil penalties of up to $10,000 per violation for willful violations of firearms and ammunition record-keeping requirements.
Question 5: An FFL dealer receives an order for 'explosive-loaded' ammunition (e.g., rounds with explosive tips). Which regulatory body's approval is most likely required?
- State police department
- ATF through a destructive device determination (Correct answer)
- EPA for environmental impact
- FDA for chemical safety
Correct answer: ATF through a destructive device determination
Explosive-loaded ammunition may require ATF classification and potentially NFA registration as a destructive device before it can be manufactured or transferred.
Question 6: Under the federal explosives laws, which of the following is exempt from the definition of 'explosive materials'?
- ANFO (ammonium nitrate/fuel oil mixtures)
- Commercially manufactured black powder in quantities not exceeding 50 lbs (Correct answer)
- Dynamite sticks used in construction
- Detonators used in mining operations
Correct answer: Commercially manufactured black powder in quantities not exceeding 50 lbs
Black powder in quantities not exceeding 50 lbs intended for personal use is generally exempt from federal explosives licensing requirements.
Question 7: A person holds a Federal Explosives License as a dealer. Which activity is NOT authorized under this license alone?
- Purchasing explosive materials from licensed manufacturers
- Selling explosives to licensed users
- Manufacturing explosive materials for sale (Correct answer)
- Storing purchased explosives in an approved magazine
Correct answer: Manufacturing explosive materials for sale
A dealer's FEL does not authorize manufacturing; a separate manufacturer's FEL is required to produce explosive materials.
FFL Ammunition & Explosive Licensing 4
What does the term 'destructive device' include under 26 U.S.C. § 5845?