DISCONTINUANCE OF ATF FORM 5400.3,
TRANSACTION RECORD FOR BLACK POWDER
TO BE USED IN ANTIQUE WEAPONS
Explosives Licensees and Others Concerned
Purpose. This circular notifies explosives
licensees that ATF Form 5400.3, Transaction Record
for Black Powder to be Used in Antique Weapons, is no
longer required. In addition, a review of the
licensee's obligations under the applicable statutes
and regulations is provided.
Elimination of Requirements. Effective immedi-
ately, ATF Form 5400.3 is eliminated. Explosives
licensees and permittees distributing black powder in
transactions qualifying under the exemption in 18
U.S.C. 845(a)(5) need not maintain sales records for
such transactions. No revised form, recordkeeping or
procedural requirement to replace ATF Form 5400.3 is
contemplated. Obsolete provisions in the regulations
will be deleted when 27 CFR Part 55 is next amended.
Previously completed ATF Forms 5400.3 are subject to
the 5-year retention period provided in regulations.
Obligations of Licensees. The black powder exemp-
tion in 18 U.S.C. 845(a)(5) states in substance that
sales of commercially manufactured black powder in
quantities of 50 pounds or less are exempt from
regulation when the powder is intended to be used for
sporting, recreational, or cultural purposes in antique
weapons or antique devices. ATF Form 5400.3 served as
an instrument to enable purchasers to identify them-
selves and to certify to licensees that the powder was
intended for use in a manner which qualified for the
statutory exemption. Despite the obsolescence of the
form, licensees have an obligation under 18 U.S.C.
845(a)(5) to establish to their own satisfaction that
purchasers acquiring black powder under the exemption
intend to use the powder solely for exempted sporting,
recreational, or cultural purposes.
The exemption applies to most retail sales of
black powder. However, licensees are reminded that
transaction records are required for non-exempt sales.
For example, sales of black powder to non-licensees/
non-permittees in quantities exceeding 50 pounds, or
in any quantity when not intended for use as exempted
in the law, require the completion of ATF Form 4710.
In addition, other requirements in 27 CFR Part 55,
unrelated to ATF Form 5400.3, continue to apply.
These requirements include: (1) Storage of black
powder by licensees in accordance with Subpart J or K;
(2) Entries for black powder in the daily summary of
magazine transactions (27 CFR 55.127); and, (3)
Applicable inventory, receipt and disposition records
(27 CFR 55.121 through 55.125).
Inquiries. Inquiries concerning this circular
should refer to its number and be addressed to the
office of the appropriate Regional Regulatory
Administrator, Bureau of Alcohol, Tobacco and Firearms