7 Colo. Code Regs. § 1101-9-3-3
Current through Register Vol. 47, No. 20, October 25, 2024
Section 7 CCR 1101-9-3-3 - Revocation, Suspension, or Denial of Explosives Permits(A) The Division shall not issue a permit to any person who: (1) Is under 21 years of age;(2) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;(3) Is currently charged with, or has a charge pending for a crime punishable by imprisonment for a term exceeding 1 year;(4) Is a fugitive from justice;(5) Has been convicted of a crime involving the illegal distribution of marijuana, any depressant or stimulant drug, or narcotic drug, perjury, fraud, false swearing, or bomb threats;(6) Has been adjudicated developmentally disabled, mentally unstable, mentally ill or insane, or to be incompetent due to any mental disability or disease;(7) Has been discharged from the armed forces under dishonorable conditions;(8) Is an alien, other than an alien who is lawfully admitted for permanent residence or an alien who has obtained either a letter of clearance or letter of restoration of explosives privileges from the ATF; or(9) Having been a citizen of the United States, has renounced citizenship.(B) The Division shall deny or revoke and not renew the permit of any person who is currently charged with, has a charge pending or has been convicted of any of the following offenses: (1) A crime punishable by imprisonment for a term exceeding 1 year;(2) A crime involving the illegal distribution of marijuana, any depressant or stimulant drug, or narcotic drug, bomb threats, perjury, fraud, or false swearing, including making a false affidavit or statement under oath to the Division in an application or report; or(3) A crime relating to use, manufacturing, sale, transportation, possession, or disposal of explosives.(C) The Division may revoke and not renew the permit of any person when the violation of any law or regulation relating to explosive material or the misuse of explosive materials results in loss of life or serious injury to any person.(D) A permit may be denied, suspended, or revoked by the Division because of, but not limited to the following: (1) Unlawful use of, or addiction to, alcohol, narcotics or illegal drugs;(2) Failure to exercise reasonable safeguards resulting in hazard to life, health, or property;(3) Failure to show legitimate use for a permit;(4) Failure to show sufficient proof of training or prior experience with explosives;(5) Non-compliance with an order issued by the Division within the time specified in such order;(6) Proof that the permittee or applicant advocates, or knowingly belongs to any organization or group that advocates the violent overthrow of, or violent action against any federal, state, or local government or institution;(7) Failure to comply with the Colorado Explosives Act, these regulations and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Department of Justice, Publication ATF P 5400.7, ATF- Explosives Law and Regulations (2012);(8) Giving false information or a misrepresentation being willfully made to the Division and its investigators or inspectors to obtain or maintain a permit;(9) Making a false affidavit or statement under oath to the Division in an application or report; or(10) Other factors which, at the discretion of the Division, indicate an unfitness to hold an explosive permit in compliance with state and federal law and these regulations.(E) The Division shall revoke the permit of any person adjudicated to be mentally unstable, mentally ill or insane, or to be incompetent due to any mental disability or disease. The Division shall not renew the permit until the person has been legally restored to competency.38 CR 03, February 10, 2015, effective 3/10/201541 CR 21, November 10, 2018, effective 12/1/201842 CR 06, March 25, 2019, effective 5/1/2019