US (United States) Code. Title 18. Chapter 40: Importation, manufacture, distribution and storage

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure. Explosive materials

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-CITE-

18 USC CHAPTER 40 - IMPORTATION, MANUFACTURE,

DISTRIBUTION AND STORAGE OF EXPLOSIVE

MATERIALS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF

EXPLOSIVE MATERIALS

.

-HEAD-

CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF

EXPLOSIVE MATERIALS

-MISC1-

Sec.

841. Definitions.

842. Unlawful acts.

843. Licenses and user permits.

844. Penalties.

845. Exceptions; relief from disabilities.

846. Additional powers of the Attorney General.

847. Rules and regulations.

848. Effect on State law.

AMENDMENTS

2002 - Pub. L. 107-296, title XI, Sec. 1112(e)(3), Nov. 25, 2002,

116 Stat. 2276, substituted ''Attorney General'' for ''Secretary''

in item 846.

1990 - Pub. L. 101-647, title XXXV, Sec. 3520, Nov. 29, 1990, 104

Stat. 4923, substituted ''Licenses'' for ''Licensing'' in item 843.

1970 - Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84

Stat. 952, added chapter 40 and items 841 to 848.

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18 USC Sec. 841 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF

EXPLOSIVE MATERIALS

-HEAD-

Sec. 841. Definitions

-STATUTE-

As used in this chapter -

(a) ''Person'' means any individual, corporation, company,

association, firm, partnership, society, or joint stock company.

(b) ''Interstate'' or foreign commerce means commerce between

any place in a State and any place outside of that State, or

within any possession of the United States (not including the

Canal Zone) or the District of Columbia, and commerce between

places within the same State but through any place outside of

that State. ''State'' includes the District of Columbia, the

Commonwealth of Puerto Rico, and the possessions of the United

States (not including the Canal Zone).

(c) ''Explosive materials'' means explosives, blasting agents,

and detonators.

(d) Except for the purposes of subsections (d), (e), (f), (g),

(h), (i), and (j) of section 844 of this title, ''explosives''

means any chemical compound mixture, or device, the primary or

common purpose of which is to function by explosion; the term

includes, but is not limited to, dynamite and other high

explosives, black powder, pellet powder, initiating explosives,

detonators, safety fuses, squibs, detonating cord, igniter cord,

and igniters. The Attorney General shall publish and revise at

least annually in the Federal Register a list of these and any

additional explosives which he determines to be within the

coverage of this chapter. For the purposes of subsections (d),

(e), (f), (g), (h), and (i) of section 844 of this title, the

term ''explosive'' is defined in subsection (j) of such section

844.

(e) ''Blasting agent'' means any material or mixture,

consisting of fuel and oxidizer, intended for blasting, not

otherwise defined as an explosive: Provided, That the finished

product, as mixed for use or shipment, cannot be detonated by

means of a numbered 8 test blasting cap when unconfined.

(f) ''Detonator'' means any device containing a detonating

charge that is used for initiating detonation in an explosive;

the term includes, but is not limited to, electric blasting caps

of instantaneous and delay types, blasting caps for use with

safety fuses and detonating-cord delay connectors.

(g) ''Importer'' means any person engaged in the business of

importing or bringing explosive materials into the United States

for purposes of sale or distribution.

(h) ''Manufacturer'' means any person engaged in the business

of manufacturing explosive materials for purposes of sale or

distribution or for his own use.

(i) ''Dealer'' means any person engaged in the business of

distributing explosive materials at wholesale or retail.

(j) ''Permittee'' means any user of explosives for a lawful

purpose, who has obtained either a user permit or a limited

permit under the provisions of this chapter.

(k) ''Attorney General'' means the Attorney General of the

United States.

(l) ''Crime punishable by imprisonment for a term exceeding one

year'' shall not mean (1) any Federal or State offenses

pertaining to antitrust violations, unfair trade practices,

restraints of trade, or other similar offenses relating to the

regulation of business practices as the Attorney General may by

regulation designate, or (2) any State offense (other than one

involving a firearm or explosive) classified by the laws of the

State as a misdemeanor and punishable by a term of imprisonment

of two years or less.

(m) ''Licensee'' means any importer, manufacturer, or dealer

licensed under the provisions of this chapter.

(n) ''Distribute'' means sell, issue, give, transfer, or

otherwise dispose of.

(o) ''Convention on the Marking of Plastic Explosives'' means

the Convention on the Marking of Plastic Explosives for the

Purpose of Detection, Done at Montreal on 1 March 1991.

(p) ''Detection agent'' means any one of the substances

specified in this subsection when introduced into a plastic

explosive or formulated in such explosive as a part of the

manufacturing process in such a manner as to achieve homogeneous

distribution in the finished explosive, including -

(1) Ethylene glycol dinitrate (EGDN), C (INFERIOR 2)H

(INFERIOR 4)(NO (INFERIOR 3)) (INFERIOR 2), molecular weight

152, when the minimum concentration in the finished explosive

is 0.2 percent by mass;

(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C (INFERIOR 6)H

(INFERIOR 12)(NO (INFERIOR 2)) (INFERIOR 2), molecular weight

176, when the minimum concentration in the finished explosive

is 0.1 percent by mass;

(3) Para-Mononitrotoluene (p-MNT), C (INFERIOR 7)H (INFERIOR

7)NO (INFERIOR 2), molecular weight 137, when the minimum

concentration in the finished explosive is 0.5 percent by mass;

(4) Ortho-Mononitrotoluene (o-MNT), C (INFERIOR 7)H (INFERIOR

7)NO (INFERIOR 2), molecular weight 137, when the minimum

concentration in the finished explosive is 0.5 percent by mass;

and

(5) any other substance in the concentration specified by the

Attorney General, after consultation with the Secretary of

State and the Secretary of Defense, that has been added to the

table in part 2 of the Technical Annex to the Convention on the

Marking of Plastic Explosives.

(q) ''Plastic explosive'' means an explosive material in

flexible or elastic sheet form formulated with one or more high

explosives which in their pure form has a vapor pressure less

than 10- (FOOTNOTE 4) Pa at a temperature of 25 ( degrees) C., is

formulated with a binder material, and is as a mixture malleable

or flexible at normal room temperature.

(r) ''Alien'' means any person who is not a citizen or national

of the United States.

(s) ''Responsible person'' means an individual who has the

power to direct the management and policies of the applicant

pertaining to explosive materials.

-SOURCE-

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84

Stat. 952; amended Pub. L. 104-132, title VI, Sec. 602, Apr. 24,

1996, 110 Stat. 1288; Pub. L. 107-296, title XI, Sec. 1112(e)(1),

(3), 1122(a), Nov. 25, 2002, 116 Stat. 2276, 2280.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (a), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC2-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-296, Sec. 1112(e)(3), substituted

''Attorney General'' for ''Secretary''.

Subsec. (j). Pub. L. 107-296, Sec. 1122(a)(1), added subsec. (j)

and struck out former subsec. (j) which read as follows: ''

'Permittee' means any user of explosives for a lawful purpose, who

has obtained a user permit under the provisions of this chapter.''

Subsec. (k). Pub. L. 107-296, Sec. 1112(e)(1), added subsec. (k)

and struck out former subsec. (k) which read as follows: ''

'Secretary' means the Secretary of the Treasury or his delegate.''

Subsec. (l). Pub. L. 107-296, Sec. 1112(e)(3), substituted

''Attorney General'' for ''Secretary''.

Subsec. (p)(5). Pub. L. 107-296, Sec. 1112(e)(3), which directed

amendment of par. (5) by substituting ''Attorney General'' for

''Secretary'' wherever appearing, was executed by making the

substitution the first place appearing to reflect the probable

intent of Congress.

Subsecs. (r), (s). Pub. L. 107-296, Sec. 1122(a)(2), added

subsecs. (r) and (s).

1996 - Subsecs. (o) to (q). Pub. L. 104-132 added subsecs. (o) to

(q).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by section 1112(e)(1), (3) of Pub. L. 107-296 effective

60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set

out as an Effective Date note under section 101 of Title 6,

Domestic Security.

Amendment by section 1122(a) of Pub. L. 107-296 effective 180

days after Nov. 25, 2002, see section 1122(i) of Pub. L. 107-296,

set out as a note under section 843 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 607 of title VI of Pub. L. 104-132 provided that:

''Except as otherwise provided in this title (amending this

section, sections 842, 844, and 845 of this title, and section

1595a of Title 19, Customs Duties, and enacting provisions set out

as a note below), this title and the amendments made by this title

shall take effect 1 year after the date of enactment of this Act

(Apr. 24, 1996).''

EFFECTIVE DATE

Section 1105(a), (b) of Pub. L. 91-452 provided that:

''(a) Except as provided in subsection (b), the provisions of

chapter 40 of title 18, United States Code, as enacted by section

1102 of this title shall take effect one hundred and twenty days

after the date of enactment of this Act (Oct. 15, 1970).

''(b) The following sections of chapter 40 of title 18, United

States Code, as enacted by section 1102 of this title shall take

effect on the date of the enactment of this Act (Oct. 15, 1970):

sections 841, 844(d), (e), (f), (g), (h), (i), and (j), 845, 846,

847, 848 and 849 (no section 849 was enacted).''

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-296, title XI, Sec. 1121, Nov. 25, 2002, 116 Stat.

2280, provided that: ''This subtitle (subtitle C (Sec. 1121-1128)

of title XI of Pub. L. 107-296, amending this section and sections

842 to 845 of this title and enacting provisions set out as a note

under section 843 of this title) may be referred to as the 'Safe

Explosives Act'.''

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-298, Sec. 1, Oct. 12, 1982, 96 Stat. 1319, provided:

''That this Act (amending section 844 of this title) may be cited

as the 'Anti-Arson Act of 1982'.''

SHORT TITLE OF 1975 AMENDMENT

Pub. L. 93-639, Sec. 1, Jan. 4, 1975, 88 Stat. 2217, provided:

''That this Act (amending sections 845 and 921 of this title) may

be cited as 'Amendments of 1973 to Federal Law Relating to

Explosives'.''

FINDINGS AND PURPOSES OF TITLE VI OF PUB. L. 104-132

Section 601 of title VI of Pub. L. 104-132 provided that:

''(a) Findings. - The Congress finds that -

''(1) plastic explosives were used by terrorists in the

bombings of Pan American Airlines flight number 103 in December

1988 and UTA flight number 722 in September 1989;

''(2) plastic explosives can be used with little likelihood of

detection for acts of unlawful interference with civil aviation,

maritime navigation, and other modes of transportation;

''(3) the criminal use of plastic explosives places innocent

lives in jeopardy, endangers national security, affects domestic

tranquility, and gravely affects interstate and foreign commerce;

''(4) the marking of plastic explosives for the purpose of

detection would contribute significantly to the prevention and

punishment of such unlawful acts; and

''(5) for the purpose of deterring and detecting such unlawful

acts, the Convention on the Marking of Plastic Explosives for the

Purpose of Detection, Done at Montreal on 1 March 1991, requires

each contracting State to adopt appropriate measures to ensure

that plastic explosives are duly marked and controlled.

''(b) Purpose. - The purpose of this title (amending this

section, sections 842, 844, and 845 of this title, and section

1595a of Title 19, Customs Duties, and enacting provisions set out

as a note above) is to fully implement the Convention on the

Marking of Plastic Explosives for the Purpose of Detection, Done at

Montreal on 1 March 1991.''

MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE MATERIALS

Section 732 of Pub. L. 104-132, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title I, Sec. 113), Sept. 30, 1996,

110 Stat. 3009, 3009-21; Pub. L. 105-61, title I, Oct. 10, 1997,

111 Stat. 1272, required study by the Secretary of the Treasury of

the marking, rendering inert, and licensing of explosive materials

not later than 12 months after Apr. 24, 1996, report to Congress on

results and recommendations, hearings by Congress to review study

results, promulgation of regulations, and special study on the

tagging of smokeless and black powder and report two years after

Sept. 30, 1996.

CONGRESSIONAL DECLARATION OF PURPOSE

Section 1101 of title XI of Pub. L. 91-452 provided that: ''The

Congress hereby declares that the purpose of this title (enacting

this chapter amending section 2516 of this title, repealing section

837 of this title and sections 121 to 144 of Title 50, War and

National Defense, and enacting provisions set out as notes under

this section) is to protect interstate and foreign commerce against

interference and interruption by reducing the hazard to persons and

property arising from misuse and unsafe or insecure storage of

explosive materials. It is not the purpose of this title to place

any undue or unnecessary Federal restrictions or burdens on

law-abiding citizens with respect to the acquisition, possession,

storage, or use of explosive materials for industrial, mining,

agricultural, or other lawful purposes, or to provide for the

imposition by Federal regulations of any procedures or requirements

other than those reasonably necessary to implement and effectuate

the provisions of this title.''

MODIFICATION OF OTHER PROVISIONS

Section 1104 of title XI of Pub. L. 91-452, as amended by Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

''Nothing in this title (enacting this chapter, amending section

2516 of this title, repealing section 837 of this title and

sections 121 to 144 of Title 50, War and National Defense, and

enacting provisions set out as notes under this section) shall be

construed as modifying or affecting any provision of -

''(a) The National Firearms Act (chapter 53 of the Internal

Revenue Code of 1986);

''(b) Section 414 of the Mutual Security Act of 1954 (22 U.S.C.

1934), as amended, relating to munitions control;

''(c) Section 1716 of title 18, United States Code, relating to

nonmailable materials;

''(d) Sections 831 through 836 of title 18, United States Code;

or

''(e) Chapter 44 of title 18, United States Code.''

CONTINUATION IN BUSINESS OR OPERATION OF ANY PERSON ENGAGED IN

BUSINESS OR OPERATION ON OCTOBER 15, 1970

Section 1105(c) of Pub. L. 91-452 provided that: ''Any person (as

defined in section 841(a) of title 18, United States Code) engaging

in a business or operation requiring a license or permit under the

provisions of chapter 40 of such title 18, who was engaged in such

business or operation on the date of enactment of this Act (Oct.

15, 1970) and who has filed an application for a license or permit

under the provisions of section 843 of such chapter 40 prior to the

effective date of such section 843 (see Effective Date note set out

above) may continue such business or operation pending final action

on his application. All provisions of such chapter 40 shall apply

to such applicant in the same manner and to the same extent as if

he were a holder of a license or permit under such chapter 40.''

AUTHORIZATION OF APPROPRIATIONS

Section 1107 of title XI of Pub. L. 91-452 provided that: ''There

are hereby authorized to be appropriated such sums as are necessary

to carry out the purposes of this title (enacting this chapter,

amending section 2516 of this title, repealing section 837 of this

title and sections 121 to 144 of Title 50, War and National

Defense, and enacting provisions set as notes under this

section).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 section 1101; title 19

section 1595a; title 40 section 5104.

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18 USC Sec. 842 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF

EXPLOSIVE MATERIALS

-HEAD-

Sec. 842. Unlawful acts

-STATUTE-

(a) It shall be unlawful for any person -

(1) to engage in the business of importing, manufacturing, or

dealing in explosive materials without a license issued under

this chapter;

(2) knowingly to withhold information or to make any false or

fictitious oral or written statement or to furnish or exhibit any

false, fictitious, or misrepresented identification, intended or

likely to deceive for the purpose of obtaining explosive

materials, or a license, permit, exemption, or relief from

disability under the provisions of this chapter;

(3) other than a licensee or permittee knowingly -

(A) to transport, ship, cause to be transported, or receive

any explosive materials; or

(B) to distribute explosive materials to any person other

than a licensee or permittee; or

(4) who is a holder of a limited permit -

(A) to transport, ship, cause to be transported, or receive

in interstate or foreign commerce any explosive materials; or

(B) to receive explosive materials from a licensee or

permittee, whose premises are located outside the State of

residence of the limited permit holder, or on more than 6

separate occasions, during the period of the permit, to receive

explosive materials from 1 or more licensees or permittees

whose premises are located within the State of residence of the

limited permit holder.

(b) It shall be unlawful for any licensee or permittee to

knowingly distribute any explosive materials to any person other

than -

(1) a licensee;

(2) a holder of a user permit; or

(3) a holder of a limited permit who is a resident of the State

where distribution is made and in which the premises of the

transferor are located.

(c) It shall be unlawful for any licensee to distribute explosive

materials to any person who the licensee has reason to believe

intends to transport such explosive materials into a State where

the purchase, possession, or use of explosive materials is

prohibited or which does not permit its residents to transport or

ship explosive materials into it or to receive explosive materials

in it.

(d) It shall be unlawful for any person knowingly to distribute

explosive materials to any individual who:

(1) is under twenty-one years of age;

(2) has been convicted in any court of a crime punishable by

imprisonment for a term exceeding one year;

(3) is under indictment for a crime punishable by imprisonment

for a term exceeding one year;

(4) is a fugitive from justice;

(5) is an unlawful user of or addicted to any controlled

substance (as defined in section 102 of the Controlled Substances

Act (21 U.S.C. 802));

(6) has been adjudicated a mental defective or who has been

committed to a mental institution;

(7) is an alien, other than an alien who -

(A) is lawfully admitted for permanent residence (as defined

in section 101(a)(20) of the Immigration and Nationality Act);

or

(B) is in lawful nonimmigrant status, is a refugee admitted

under section 207 of the Immigration and Nationality Act (8

U.S.C. 1157), or is in asylum status under section 208 of the

Immigration and Nationality Act (8 U.S.C. 1158), and -

(i) is a foreign law enforcement officer of a friendly

foreign government, as determined by the Secretary (FOOTNOTE

1) in consultation with the Secretary of State, entering the

United States on official law enforcement business, and the

shipping, transporting, possession, or receipt of explosive

materials is in furtherance of this official law enforcement

business;

(FOOTNOTE 1) So in original. Probably should be ''Attorney

General''.

(ii) is a person having the power to direct or cause the

direction of the management and policies of a corporation,

partnership, or association licensed pursuant to section

843(a), and the shipping, transporting, possession, or

receipt of explosive materials is in furtherance of such

power;

(iii) is a member of a North Atlantic Treaty Organization

(NATO) or other friendly foreign military force, as

determined by the Secretary (FOOTNOTE 1) in consultation with

the Secretary of Defense, (whether or not admitted in a

nonimmigrant status) who is present in the United States

under military orders for training or other military purpose

authorized by the United States, and the shipping,

transporting, possession, or receipt of explosive materials

is in furtherance of the military purpose; or

(iv) is lawfully present in the United States in

cooperation with the Director of Central Intelligence, and

the shipment, transportation, receipt, or possession of the

explosive materials is in furtherance of such cooperation;

(8) has been discharged from the armed forces under

dishonorable conditions; (FOOTNOTE 2)

(FOOTNOTE 2) So in original. Probably should be followed by

''or''.

(9) having been a citizen of the United States, has renounced

the citizenship of that person.

(e) It shall be unlawful for any licensee knowingly to distribute

any explosive materials to any person in any State where the

purchase, possession, or use by such person of such explosive

materials would be in violation of any State law or any published

ordinance applicable at the place of distribution.

(f) It shall be unlawful for any licensee or permittee willfully

to manufacture, import, purchase, distribute, or receive explosive

materials without making such records as the Attorney General may

by regulation require, including, but not limited to, a statement

of intended use, the name, date, place of birth, social security

number or taxpayer identification number, and place of residence of

any natural person to whom explosive materials are distributed. If

explosive materials are distributed to a corporation or other

business entity, such records shall include the identity and

principal and local places of business and the name, date, place of

birth, and place of residence of the natural person acting as agent

of the corporation or other business entity in arranging the

distribution.

(g) It shall be unlawful for any licensee or permittee knowingly

to make any false entry in any record which he is required to keep

pursuant to this section or regulations promulgated under section

847 of this title.

(h) It shall be unlawful for any person to receive, possess,

transport, ship, conceal, store, barter, sell, dispose of, or

pledge or accept as security for a loan, any stolen explosive

materials which are moving as, which are part of, which constitute,

or which have been shipped or transported in, interstate or foreign

commerce, either before or after such materials were stolen,

knowing or having reasonable cause to believe that the explosive

materials were stolen.

(i) It shall be unlawful for any person -

(1) who is under indictment for, or who has been convicted in

any court of, a crime punishable by imprisonment for a term

exceeding one year;

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled

substance (as defined in section 102 of the Controlled Substances

Act (21 U.S.C. 802));

(4) who has been adjudicated as a mental defective or who has

been committed to a mental institution;

(5) who is an alien, other than an alien who -

(A) is lawfully admitted for permanent residence (as that

term is defined in section 101(a)(20) of the Immigration and

Nationality Act); or

(B) is in lawful nonimmigrant status, is a refugee admitted

under section 207 of the Immigration and Nationality Act (8

U.S.C. 1157), or is in asylum status under section 208 of the

Immigration and Nationality Act (8 U.S.C. 1158), and -

(i) is a foreign law enforcement officer of a friendly

foreign government, as determined by the Secretary (FOOTNOTE

1) in consultation with the Secretary of State, entering the

United States on official law enforcement business, and the

shipping, transporting, possession, or receipt of explosive

materials is in furtherance of this official law enforcement

business;

(ii) is a person having the power to direct or cause the

direction of the management and policies of a corporation,

partnership, or association licensed pursuant to section

843(a), and the shipping, transporting, possession, or

receipt of explosive materials is in furtherance of such

power;

(iii) is a member of a North Atlantic Treaty Organization

(NATO) or other friendly foreign military force, as

determined by the Secretary (FOOTNOTE 1) in consultation with

the Secretary of Defense, (whether or not admitted in a

nonimmigrant status) who is present in the United States

under military orders for training or other military purpose

authorized by the United States, and the shipping,

transporting, possession, or receipt of explosive materials

is in furtherance of the military purpose; or

(iv) is lawfully present in the United States in

cooperation with the Director of Central Intelligence, and

the shipment, transportation, receipt, or possession of the

explosive materials is in furtherance of such cooperation;

(6) who has been discharged from the armed forces under

dishonorable conditions; (FOOTNOTE 2)

(7) who, having been a citizen of the United States, has

renounced the citizenship of that person (FOOTNOTE 3)

(FOOTNOTE 3) So in original. Probably should be followed by a

semicolon.

to ship or transport any explosive in or affecting interstate or

foreign commerce or to receive or possess any explosive which has

been shipped or transported in or affecting interstate or foreign

commerce.

(j) It shall be unlawful for any person to store any explosive

material in a manner not in conformity with regulations promulgated

by the Attorney General. In promulgating such regulations, the

Attorney General shall take into consideration the class, type, and

quantity of explosive materials to be stored, as well as the

standards of safety and security recognized in the explosives

industry.

(k) It shall be unlawful for any person who has knowledge of the

theft or loss of any explosive materials from his stock, to fail to

report such theft or loss within twenty-four hours of discovery

thereof, to the Attorney General and to appropriate local

authorities.

(l) It shall be unlawful for any person to manufacture any

plastic explosive that does not contain a detection agent.

(m)(1) It shall be unlawful for any person to import or bring

into the United States, or export from the United States, any

plastic explosive that does not contain a detection agent.

(2) This subsection does not apply to the importation or bringing

into the United States, or the exportation from the United States,

of any plastic explosive that was imported or brought into, or

manufactured in the United States prior to the date of enactment of

this subsection by or on behalf of any agency of the United States

performing military or police functions (including any military

reserve component) or by or on behalf of the National Guard of any

State, not later than 15 years after the date of entry into force

of the Convention on the Marking of Plastic Explosives, with

respect to the United States.

(n)(1) It shall be unlawful for any person to ship, transport,

transfer, receive, or possess any plastic explosive that does not

contain a detection agent.

(2) This subsection does not apply to -

(A) the shipment, transportation, transfer, receipt, or

possession of any plastic explosive that was imported or brought

into, or manufactured in the United States prior to the date of

enactment of this subsection by any person during the period

beginning on that date and ending 3 years after that date of

enactment; or

(B) the shipment, transportation, transfer, receipt, or

possession of any plastic explosive that was imported or brought

into, or manufactured in the United States prior to the date of

enactment of this subsection by or on behalf of any agency of the

United States performing a military or police function (including

any military reserve component) or by or on behalf of the

National Guard of any State, not later than 15 years after the

date of entry into force of the Convention on the Marking of

Plastic Explosives, with respect to the United States.

(o) It shall be unlawful for any person, other than an agency of

the United States (including any military reserve component) or the

National Guard of any State, possessing any plastic explosive on

the date of enactment of this subsection, to fail to report to the

Attorney General within 120 days after such date of enactment the

quantity of such explosives possessed, the manufacturer or

importer, any marks of identification on such explosives, and such

other information as the Attorney General may prescribe by

regulation.

(p) Distribution of Information Relating to Explosives,

Destructive Devices, and Weapons of Mass Destruction. -

(1) Definitions. - In this subsection -

(A) the term ''destructive device'' has the same meaning as

in section 921(a)(4);

(B) the term ''explosive'' has the same meaning as in section

844(j); and

(C) the term ''weapon of mass destruction'' has the same

meaning as in section 2332a(c)(2).

(2) Prohibition. - It shall be unlawful for any person -

(A) to teach or demonstrate the making or use of an

explosive, a destructive device, or a weapon of mass

destruction, or to distribute by any means information

pertaining to, in whole or in part, the manufacture or use of

an explosive, destructive device, or weapon of mass

destruction, with the intent that the teaching, demonstration,

or information be used for, or in furtherance of, an activity

that constitutes a Federal crime of violence; or

(B) to teach or demonstrate to any person the making or use

of an explosive, a destructive device, or a weapon of mass

destruction, or to distribute to any person, by any means,

information pertaining to, in whole or in part, the manufacture

or use of an explosive, destructive device, or weapon of mass

destruction, knowing that such person intends to use the

teaching, demonstration, or information for, or in furtherance

of, an activity that constitutes a Federal crime of violence.

-SOURCE-

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84

Stat. 953; amended Pub. L. 100-690, title VI, Sec. 6474(c), (d),

Nov. 18, 1988, 102 Stat. 4380; Pub. L. 101-647, title XXXV, Sec.

3521, Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103-322, title XI,

Sec. 110508, 110516, Sept. 13, 1994, 108 Stat. 2018, 2020; Pub. L.

104-132, title VI, Sec. 603, title VII, Sec. 707, Apr. 24, 1996,

110 Stat. 1289, 1296; Pub. L. 106-54, Sec. 2(a), Aug. 17, 1999, 113

Stat. 398; Pub. L. 107-296, title XI, Sec. 1112(e)(3), 1122(b),

1123, Nov. 25, 2002, 116 Stat. 2276, 2280, 2283.)

-REFTEXT-

REFERENCES IN TEXT

Section 101(a)(20) of the Immigration and Nationality Act,

referred to in subsecs. (d)(7)(A) and (i)(5)(A), is classified to

section 1101(a)(20) of Title 8, Aliens and Nationality.

The date of enactment of this subsection, referred to in subsecs.

(m)(2), (n)(2), and (o), is the date of enactment of Pub. L.

104-132, which was approved Apr. 24, 1996.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(3), (4). Pub. L. 107-296, Sec. 1122(b)(1),

(2), added pars. (3) and (4) and struck out former par. (3) which

read as follows: ''other than a licensee or permittee knowingly -

''(A) to transport, ship, cause to be transported, or receive

in interstate or foreign commerce any explosive materials, except

that a person who lawfully purchases explosive materials from a

licensee in a State contiguous to the State in which the

purchaser resides may ship, transport, or cause to be transported

such explosive materials to the State in which he resides and may

receive such explosive materials in the State in which he

resides, if such transportation, shipment, or receipt is

permitted by the law of the State in which he resides; or

''(B) to distribute explosive materials to any person (other

than a licensee or permittee) who the distributor knows or has

reasonable cause to believe does not reside in the State in which

the distributor resides.''

Subsec. (b). Pub. L. 107-296, Sec. 1122(b)(3), added subsec. (b)

and struck out former subsec. (b) which read as follows: ''It shall

be unlawful for any licensee knowingly to distribute any explosive

materials to any person except -

''(1) a licensee;

''(2) a permittee; or

''(3) a resident of the State where distribution is made and in

which the licensee is licensed to do business or a State

contiguous thereto if permitted by the law of the State of the

purchaser's residence.''

Subsec. (d)(6). Pub. L. 107-296, Sec. 1123(a)(2), substituted

''or who has been committed to a mental institution;'' for period

at end.

Subsec. (d)(7) to (9). Pub. L. 107-296, Sec. 1123(a)(1), (3),

added pars. (7) to (9).

Subsec. (f). Pub. L. 107-296, Sec. 1112(e)(3), substituted

''Attorney General'' for ''Secretary''.

Subsec. (i). Pub. L. 107-296, Sec. 1123(b)(3), inserted ''or

affecting'' before ''interstate'' in two places in concluding

provisions.

Subsec. (i)(5) to (7). Pub. L. 107-296, Sec. 1123(b)(1), (2),

added pars. (5) to (7).

Subsecs. (j), (k), (o). Pub. L. 107-296, Sec. 1112(e)(3),

substituted ''Attorney General'' for ''Secretary'' wherever

appearing.

1999 - Subsec. (p). Pub. L. 106-54 added subsec. (p).

1996 - Subsec. (h). Pub. L. 104-132, Sec. 707, amended subsec.

(h) generally. Prior to amendment, subsec. (h) read as follows:

''It shall be unlawful for any person to receive, conceal,

transport, ship, store, barter, sell, or dispose of any explosive

materials knowing or having reasonable cause to believe that such

explosive materials were stolen.''

Subsecs. (l) to (o). Pub. L. 104-132, Sec. 603, added subsecs.

(l) to (o).

1994 - Subsec. (d). Pub. L. 103-322, Sec. 110516, substituted

''any person'' for ''any licensee'' in introductory provisions.

Subsec. (i). Pub. L. 103-322, Sec. 110508, inserted ''or

possess'' after ''receive'' in concluding provisions.

1990 - Subsec. (d)(5). Pub. L. 101-647, Sec. 3521(1), substituted

''; or'' for a period.

Subsec. (i)(3). Pub. L. 101-647, Sec. 3521(2), substituted '';

or'' for a period.

1988 - Subsec. (d)(5). Pub. L. 100-690, Sec. 6474(c), amended

par. (5) generally. Prior to amendment, par. (5) read as follows:

''is an unlawful user of marihuana (as defined in section 4761 of

the Internal Revenue Code of 1954) or any depressant or stimulant

drug (as defined in section 201(v) of the Federal Food, Drug, and

Cosmetic Act) or narcotic drug (as defined in section 4721(a) of

the Internal Revenue Code of 1954); or''.

Subsec. (i)(3). Pub. L. 100-690, Sec. 6474(d), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''who is

an unlawful user of or addicted to marihuana (as defined in section

4761 of the Internal Revenue Code of 1954) or any depressant or

stimulant drug (as defined in section 201(v) of the Federal Food,

Drug, and Cosmetic Act) or narcotic drug (as defined in section

4731(a) of the Internal Revenue Code of 1954); or''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by sections 1112(e)(3) and 1123 of Pub. L. 107-296

effective 60 days after Nov. 25, 2002, see section 4 of Pub. L.

107-296, set out as an Effective Date note under section 101 of

Title 6, Domestic Security.

Amendment by section 1122(b) of Pub. L. 107-296 effective 180

days after Nov. 25, 2002, see section 1122(i) of Pub. L. 107-296,

set out as a note under section 843 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 603 of Pub. L. 104-132 effective 1 year

after Apr. 24, 1996, see section 607 of Pub. L. 104-132, set out as

a note under section 841 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 843, 844, 845, 981, 982,

2332b, 2339A of this title; title 8 section 1101.

-CITE-

18 USC Sec. 843 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF

EXPLOSIVE MATERIALS

-HEAD-

Sec. 843. Licenses and user permits

-STATUTE-

(a) An application for a user permit or limited permit or a

license to import, manufacture, or deal in explosive materials

shall be in such form and contain such information as the Attorney

General shall by regulation prescribe, including the names of and

appropriate identifying information regarding all employees who

will be authorized by the applicant to possess explosive materials,

as well as fingerprints and a photograph of each responsible

person. Each applicant for a license or permit shall pay a fee to

be charged as set by the Attorney General, said fee not to exceed

$50 for a limited permit and $200 for any other license or permit.

Each license or user permit shall be valid for not longer than 3

years from the date of issuance and each limited permit shall be

valid for not longer than 1 year from the date of issuance. Each

license or permit shall be renewable upon the same conditions and

subject to the same restrictions as the original license or permit,

and upon payment of a renewal fee not to exceed one-half of the

original fee.

(b) Upon the filing of a proper application and payment of the

prescribed fee, and subject to the provisions of this chapter and

other applicable laws, the Attorney General shall issue to such

applicant the appropriate license or permit if -

(1) the applicant (or, if the applicant is a corporation,

partnership, or association, each responsible person with respect

to the applicant) is not a person described in section 842(i);

(2) the applicant has not willfully violated any of the

provisions of this chapter or regulations issued hereunder;

(3) the applicant has in a State premises from which he

conducts or intends to conduct business;

(4)(A) the Secretary (FOOTNOTE 1) verifies by inspection or, if

the application is for an original limited permit or the first or

second renewal of such a permit, by such other means as the

Secretary (FOOTNOTE 1) determines appropriate, that the applicant

has a place of storage for explosive materials which meets such

standards of public safety and security against theft as the

Attorney General by regulations shall prescribe; and

(FOOTNOTE 1) So in original. Probably should be ''Attorney

General''.

(B) subparagraph (A) shall not apply to an applicant for the

renewal of a limited permit if the Secretary (FOOTNOTE 1) has

verified, by inspection within the preceding 3 years, the matters

described in subparagraph (A) with respect to the applicant; and

(5) the applicant has demonstrated and certified in writing

that he is familiar with all published State laws and local

ordinances relating to explosive materials for the location in

which he intends to do business;

(6) none of the employees of the applicant who will be

authorized by the applicant to possess explosive materials is any

person described in section 842(i); and

(7) in the case of a limited permit, the applicant has

certified in writing that the applicant will not receive

explosive materials on more than 6 separate occasions during the

12-month period for which the limited permit is valid.

(c) The Attorney General shall approve or deny an application

within a period of 90 days for licenses and permits, beginning on

the date such application is received by the Attorney General.

(d) The Attorney General may revoke any license or permit issued

under this section if in the opinion of the Attorney General the

holder thereof has violated any provision of this chapter or any

rule or regulation prescribed by the Attorney General under this

chapter, or has become ineligible to acquire explosive materials

under section 842(d). The Secretary's (FOOTNOTE 2) action under

this subsection may be reviewed only as provided in subsection

(e)(2) of this section.

(FOOTNOTE 2) So in original. Probably should be ''Attorney

General's''.

(e)(1) Any person whose application is denied or whose license or

permit is revoked shall receive a written notice from the Attorney

General stating the specific grounds upon which such denial or

revocation is based. Any notice of a revocation of a license or

permit shall be given to the holder of such license or permit prior

to or concurrently with the effective date of the revocation.

(2) If the Attorney General denies an application for, or revokes

a license, or permit, he shall, upon request by the aggrieved

party, promptly hold a hearing to review his denial or revocation.

In the case of a revocation, the Attorney General may upon a

request of the holder stay the effective date of the revocation. A

hearing under this section shall be at a location convenient to the

aggrieved party. The Attorney General shall give written notice of

his decision to the aggrieved party within a reasonable time after

the hearing. The aggrieved party may, within sixty days after

receipt of the Secretary's (FOOTNOTE 2) written decision, file a

petition with the United States court of appeals for the district

in which he resides or has his principal place of business for a

judicial review of such denial or revocation, pursuant to sections

701-706 of title 5, United States Code.

(f) Licensees and holders of user permits shall make available

for inspection at all reasonable times their records kept pursuant

to this chapter or the regulations issued hereunder, and licensees

and permittees shall submit to the Attorney General such reports

and information with respect to such records and the contents

thereof as he shall by regulations prescribe. The Attorney General

may enter during business hours the premises (including places of

storage) of any licensee or holder of a user permit, for the

purpose of inspecting or examining (1) any records or documents

required to be kept by such licensee or permittee, under the

provisions of this chapter or regulations issued hereunder, and (2)

any explosive materials kept or stored by such licensee or

permittee at such premises. Upon the request of any State or any

political subdivision thereof, the Attorney General may make

available to such State or any political subdivision thereof, any

information which he may obtain by reason of the provisions of this

chapter with respect to the identification of persons within such

State or political subdivision thereof, who have purchased or

received explosive materials, together with a description of such

explosive materials. The Secretary (FOOTNOTE 1) may inspect the

places of storage for explosive materials of an applicant for a

limited permit or, at the time of renewal of such permit, a holder

of a limited permit, only as provided in subsection (b)(4).

(g) Licenses and user permits issued under the provisions of

subsection (b) of this section shall be kept posted and kept

available for inspection on the premises covered by the license and

permit.

(h)(1) If the Secretary (FOOTNOTE 1) receives, from an employer,

the name and other identifying information of a responsible person

or an employee who will be authorized by the employer to possess

explosive materials in the course of employment with the employer,

the Secretary (FOOTNOTE 1) shall determine whether the responsible

person or employee is one of the persons described in any paragraph

of section 842(i). In making the determination, the Secretary

(FOOTNOTE 1) may take into account a letter or document issued

under paragraph (2).

(2)(A) If the Secretary (FOOTNOTE 1) determines that the

responsible person or the employee is not one of the persons

described in any paragraph of section 842(i), the Secretary

(FOOTNOTE 1) shall notify the employer in writing or electronically

of the determination and issue, to the responsible person or

employee, a letter of clearance, which confirms the determination.

(B) If the Secretary (FOOTNOTE 1) determines that the responsible

person or employee is one of the persons described in any paragraph

of section 842(i), the Secretary (FOOTNOTE 1) shall notify the

employer in writing or electronically of the determination and

issue to the responsible person or the employee, as the case may

be, a document that -

(i) confirms the determination;

(ii) explains the grounds for the determination;

(iii) provides information on how the disability may be

relieved; and

(iv) explains how the determination may be appealed.

(i) Furnishing of Samples. -

(1) In general. - Licensed manufacturers and licensed importers

and persons who manufacture or import explosive materials or

ammonium nitrate shall, when required by letter issued by the

Secretary, (FOOTNOTE 1) furnish -

(A) samples of such explosive materials or ammonium nitrate;

(B) information on chemical composition of those products;

and

(C) any other information that the Secretary (FOOTNOTE 1)

determines is relevant to the identification of the explosive

materials or to identification of the ammonium nitrate.

(2) Reimbursement. - The Secretary (FOOTNOTE 1) shall, by

regulation, authorize reimbursement of the fair market value of

samples furnished pursuant to this subsection, as well as the

reasonable costs of shipment.

-SOURCE-

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84

Stat. 955; amended Pub. L. 107-296, title XI, Sec. 1112(e)(3),

1122(c)-(h), 1124, Nov. 25, 2002, 116 Stat. 2276, 2281, 2282,

2285.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296, Sec. 1122(c), in first

sentence, inserted ''or limited permit'' after ''user permit'' and

inserted before period at end '', including the names of and

appropriate identifying information regarding all employees who

will be authorized by the applicant to possess explosive materials,

as well as fingerprints and a photograph of each responsible

person'', in second sentence, substituted ''$50 for a limited

permit and $200 for any other'' for ''$200 for each'', inserted

third and fourth sentences, and struck out former third sentence

which read as follows: ''Each license or permit shall be valid for

no longer than three years from date of issuance and shall be

renewable upon the same conditions and subject to the same

restrictions as the original license or permit and upon payment of

a renewal fee not to exceed one-half of the original fee.''

Pub. L. 107-296, Sec. 1112(e)(3), substituted ''Attorney

General'' for ''Secretary'' in two places.

Subsec. (b). Pub. L. 107-296, Sec. 1112(e)(3), substituted

''Attorney General'' for ''Secretary'' in introductory provisions.

Subsec. (b)(1). Pub. L. 107-296, Sec. 1122(d)(1), added par. (1)

and struck out former par. (1) which read as follows: ''the

applicant (including in the case of a corporation, partnership, or

association, any individual possessing, directly or indirectly, the

power to direct or cause the direction of the management and

policies of the corporation, partnership, or association) is not a

person to whom the distribution of explosive materials would be

unlawful under section 842(d) of this chapter;''.

Subsec. (b)(4). Pub. L. 107-296, Sec. 1122(d)(2), designated

existing provisions as subpar. (A), inserted ''the Secretary

verifies by inspection or, if the application is for an original

limited permit or the first or second renewal of such a permit, by

such other means as the Secretary determines appropriate, that''

before ''the applicant'', and added subpar. (B).

Pub. L. 107-296, Sec. 1112(e)(3), substituted ''the Attorney

General by regulations'' for ''the Secretary by regulations''.

Subsec. (b)(6), (7). Pub. L. 107-296, Sec. 1122(d)(3), (4), added

pars. (6) and (7).

Subsec. (c). Pub. L. 107-296, Sec. 1122(e), substituted ''90 days

for licenses and permits,'' for ''forty-five days''.

Pub. L. 107-296, Sec. 1112(e)(3), substituted ''Attorney

General'' for ''Secretary'' in two places.

Subsecs. (d), (e). Pub. L. 107-296, Sec. 1112(e)(3), substituted

''Attorney General'' for ''Secretary'' wherever appearing.

Subsec. (f). Pub. L. 107-296, Sec. 1122(f), in first sentence,

substituted ''Licensees and holders of user permits'' for

''Licensees and permittees'' and inserted ''licensees and

permittees'' before ''shall submit'', in second sentence,

substituted ''holder of a user permit'' for ''permittee'', and

inserted at end ''The Secretary may inspect the places of storage

for explosive materials of an applicant for a limited permit or, at

the time of renewal of such permit, a holder of a limited permit,

only as provided in subsection (b)(4).''

Pub. L. 107-296, Sec. 1112(e)(3), substituted ''Attorney

General'' for ''Secretary'' wherever appearing.

Subsec. (g). Pub. L. 107-296, Sec. 1122(g), inserted ''user''

before ''permits''.

Subsec. (h). Pub. L. 107-296, Sec. 1122(h), added subsec. (h).

Subsec. (i). Pub. L. 107-296, Sec. 1124, added subsec. (i).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by sections 1112(e)(3) and 1124 of Pub. L. 107-296

effective 60 days after Nov. 25, 2002, see section 4 of Pub. L.

107-296, set out as an Effective Date note under section 101 of

Title 6, Domestic Security.

Pub. L. 107-296, title XI, Sec. 1122(i), Nov. 25, 2002, 116 Stat.

2283, provided that:

''(1) In general. - The amendments made by this section (amending

this section and sections 841 and 842 of this title) shall take

effect 180 days after the date of enactment of this Act (Nov. 25,

2002).

''(2) Exception. - Notwithstanding any provision of this Act (see

Tables for classification), a license or permit issued under

section 843 of title 18, United States Code, before the date of

enactment of this Act (Nov. 25, 2002), shall remain valid until

that license or permit is revoked under section 843(d) or expires,

or until a timely application for renewal is acted upon.''

CONTINUATION IN BUSINESS OR OPERATION OF ANY PERSON ENGAGED IN

BUSINESS OR OPERATION ON OCTOBER 15, 1970

Filing of application for a license or permit prior to the

effective date of this section as authorizing any person engaged in

a business or operation requiring a license or a permit on Oct. 15,

1970 to continue such business or operation pending final action on

such application, see section 1105(c) of Pub. L. 91-452, set out as

a note under section 841 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 842 of this title.

-CITE-

18 USC Sec. 844 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF

EXPLOSIVE MATERIALS

-HEAD-

Sec. 844. Penalties

-STATUTE-

(a) Any person who -

(1) violates any of subsections (a) through (i) or (l) through

(o) of section 842 shall be fined under this title, imprisoned

for not more than 10 years, or both; and

(2) violates subsection (p)(2) of section 842, shall be fined

under this title, imprisoned not more than 20 years, or both.

(b) Any person who violates any other provision of section 842 of

this chapter shall be fined under this title or imprisoned not more

than one year, or both.

(c)(1) Any explosive materials involved or used or intended to be

used in any violation of the provisions of this chapter or any

other rule or regulation promulgated thereunder or any violation of

any criminal law of the United States shall be subject to seizure

and forfeiture, and all provisions of the Internal Revenue Code of

1986 relating to the seizure, forfeiture, and disposition of

firearms, as defined in section 5845(a) of that Code, shall, so far

as applicable, extend to seizures and forfeitures under the

provisions of this chapter.

(2) Notwithstanding paragraph (1), in the case of the seizure of

any explosive materials for any offense for which the materials

would be subject to forfeiture in which it would be impracticable

or unsafe to remove the materials to a place of storage or would be

unsafe to store them, the seizing officer may destroy the explosive

materials forthwith. Any destruction under this paragraph shall be

in the presence of at least 1 credible witness. The seizing

officer shall make a report of the seizure and take samples as the

Attorney General may by regulation prescribe.

(3) Within 60 days after any destruction made pursuant to

paragraph (2), the owner of (including any person having an

interest in) the property so destroyed may make application to the

Attorney General for reimbursement of the value of the property.

If the claimant establishes to the satisfaction of the Attorney

General that -

(A) the property has not been used or involved in a violation

of law; or

(B) any unlawful involvement or use of the property was without

the claimant's knowledge, consent, or willful blindness,

the Attorney General shall make an allowance to the claimant not

exceeding the value of the property destroyed.

(d) Whoever transports or receives, or attempts to transport or

receive, in interstate or foreign commerce any explosive with the

knowledge or intent that it will be used to kill, injure, or

intimidate any individual or unlawfully to damage or destroy any

building, vehicle, or other real or personal property, shall be

imprisoned for not more than ten years, or fined under this title,

or both; and if personal injury results to any person, including

any public safety officer performing duties as a direct or

proximate result of conduct prohibited by this subsection, shall be

imprisoned for not more than twenty years or fined under this

title, or both; and if death results to any person, including any

public safety officer performing duties as a direct or proximate

result of conduct prohibited by this subsection, shall be subject

to imprisonment for any term of years, or to the death penalty or

to life imprisonment.

(e) Whoever, through the use of the mail, telephone, telegraph,

or other instrument of interstate or foreign commerce, or in or

affecting interstate or foreign commerce, willfully makes any

threat, or maliciously conveys false information knowing the same

to be false, concerning an attempt or alleged attempt being made,

or to be made, to kill, injure, or intimidate any individual or

unlawfully to damage or destroy any building, vehicle, or other

real or personal property by means of fire or an explosive shall be

imprisoned for not more than 10 years or fined under this title, or

both.

(f)(1) Whoever maliciously damages or destroys, or attempts to

damage or destroy, by means of fire or an explosive, any building,

vehicle, or other personal or real property in whole or in part

owned or possessed by, or leased to, the United States, or any

department or agency thereof, or any institution or organization

receiving Federal financial assistance, shall be imprisoned for not

less than 5 years and not more than 20 years, fined under this

title, or both.

(2) Whoever engages in conduct prohibited by this subsection, and

as a result of such conduct, directly or proximately causes

personal injury or creates a substantial risk of injury to any

person, including any public safety officer performing duties,

shall be imprisoned for not less than 7 years and not more than 40

years, fined under this title, or both.

(3) Whoever engages in conduct prohibited by this subsection, and

as a result of such conduct directly or proximately causes the

death of any person, including any public safety officer performing

duties, shall be subject to the death penalty, or imprisoned for

not less than 20 years or for life, fined under this title, or

both.

(g)(1) Except as provided in paragraph (2), whoever possesses an

explosive in an airport that is subject to the regulatory authority

of the Federal Aviation Administration, or in any building in whole

or in part owned, possessed, or used by, or leased to, the United

States or any department or agency thereof, except with the written

consent of the agency, department, or other person responsible for

the management of such building or airport, shall be imprisoned for

not more than five years, or fined under this title, or both.

(2) The provisions of this subsection shall not be applicable to

-

(A) the possession of ammunition (as that term is defined in

regulations issued pursuant to this chapter) in an airport that

is subject to the regulatory authority of the Federal Aviation

Administration if such ammunition is either in checked baggage or

in a closed container; or

(B) the possession of an explosive in an airport if the

packaging and transportation of such explosive is exempt from, or

subject to and in accordance with, regulations of the Research

and Special Projects Administration for the handling of hazardous

materials pursuant to chapter 51 of title 49.

(h) Whoever -

(1) uses fire or an explosive to commit any felony which may be

prosecuted in a court of the United States, or

(2) carries an explosive during the commission of any felony

which may be prosecuted in a court of the United States,

including a felony which provides for an enhanced punishment if

committed by the use of a deadly or dangerous weapon or device

shall, in addition to the punishment provided for such felony, be

sentenced to imprisonment for 10 years. In the case of a second or

subsequent conviction under this subsection, such person shall be

sentenced to imprisonment for 20 years. Notwithstanding any other

provision of law, the court shall not place on probation or suspend

the sentence of any person convicted of a violation of this

subsection, nor shall the term of imprisonment imposed under this

subsection run concurrently with any other term of imprisonment

including that imposed for the felony in which the explosive was

used or carried.

(i) Whoever maliciously damages or destroys, or attempts to

damage or destroy, by means of fire or an explosive, any building,

vehicle, or other real or personal property used in interstate or

foreign commerce or in any activity affecting interstate or foreign

commerce shall be imprisoned for not less than 5 years and not more

than 20 years, fined under this title, or both; and if personal

injury results to any person, including any public safety officer

performing duties as a direct or proximate result of conduct

prohibited by this subsection, shall be imprisoned for not less

than 7 years and not more than 40 years, fined under this title, or

both; and if death results to any person, including any public

safety officer performing duties as a direct or proximate result of

conduct prohibited by this subsection, shall also be subject to

imprisonment for any term of years, or to the death penalty or to

life imprisonment.

(j) For the purposes of subsections (d), (e), (f), (g), (h), and

(i) of this section and section 842(p), the term ''explosive''

means gunpowders, powders used for blasting, all forms of high

explosives, blasting materials, fuzes (other than electric circuit

breakers), detonators, and other detonating agents, smokeless

powders, other explosive or incendiary devices within the meaning

of paragraph (5) of section 232 of this title, and any chemical

compounds, mechanical mixture, or device that contains any

oxidizing and combustible units, or other ingredients, in such

proportions, quantities, or packing that ignition by fire, by

friction, by concussion, by percussion, or by detonation of the

compound, mixture, or device or any part thereof may cause an

explosion.

(k) A person who steals any explosives materials which are moving

as, or are a part of, or which have moved in, interstate or foreign

commerce shall be imprisoned for not more than 10 years, fined

under this title, or both.

(l) A person who steals any explosive material from a licensed

importer, licensed manufacturer, or licensed dealer, or from any

permittee shall be fined under this title, imprisoned not more than

10 years, or both.

(m) A person who conspires to commit an offense under subsection

(h) shall be imprisoned for any term of years not exceeding 20,

fined under this title, or both.

(n) Except as otherwise provided in this section, a person who

conspires to commit any offense defined in this chapter shall be

subject to the same penalties (other than the penalty of death) as

the penalties prescribed for the offense the commission of which

was the object of the conspiracy.

(o) Whoever knowingly transfers any explosive materials, knowing

or having reasonable cause to believe that such explosive materials

will be used to commit a crime of violence (as defined in section

924(c)(3)) or drug trafficking crime (as defined in section

924(c)(2)) shall be subject to the same penalties as may be imposed

under subsection (h) for a first conviction for the use or carrying

of an explosive material.

(p) Theft Reporting Requirement. -

(1) In general. - A holder of a license or permit who knows

that explosive materials have been stolen from that licensee or

permittee, shall report the theft to the Secretary (FOOTNOTE 1)

not later than 24 hours after the discovery of the theft.

(FOOTNOTE 1) So in original. Probably should be ''Attorney

General''.

(2) Penalty. - A holder of a license or permit who does not

report a theft in accordance with paragraph (1), shall be fined

not more than $10,000, imprisoned not more than 5 years, or both.

-SOURCE-

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84

Stat. 956; amended Pub. L. 97-298, Sec. 2, Oct. 12, 1982, 96 Stat.

1319; Pub. L. 98-473, title II, Sec. 1014, Oct. 12, 1984, 98 Stat.

2142; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.

L. 100-690, title VI, Sec. 6474(a), (b), Nov. 18, 1988, 102 Stat.

4379; Pub. L. 101-647, title XXXV, Sec. 3522, Nov. 29, 1990, 104

Stat. 4924; Pub. L. 103-272, Sec. 5(e)(7), July 5, 1994, 108 Stat.

1374; Pub. L. 103-322, title VI, Sec. 60003(a)(3), title XI, Sec.

110504(b), 110509, 110515(b), 110518(b), title XXXII, Sec. 320106,

320917(a), title XXXIII, Sec. 330016(1)(H), (K), (L), (N), Sept.

13, 1994, 108 Stat. 1969, 2016, 2018, 2020, 2111, 2129, 2147, 2148;

Pub. L. 104-132, title VI, Sec. 604, title VII, Sec. 701, 706,

708(a), (c)(3), 724, Apr. 24, 1996, 110 Stat. 1289, 1291,

1295-1297, 1300; Pub. L. 104-294, title VI, Sec. 603(a), Oct. 11,

1996, 110 Stat. 3503; Pub. L. 106-54, Sec. 2(b), Aug. 17, 1999, 113

Stat. 399; Pub. L. 107-296, title XI, Sec. 1112(e)(3), 1125, 1127,

Nov. 25, 2002, 116 Stat. 2276, 2285.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (c)(1),

is set out as Title 26, Internal Revenue Code.

Section 5845(a) of that Code, referred to in subsec. (c)(1), is

section 5845(a) of Title 26.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(2), (3). Pub. L. 107-296, Sec. 1112(e)(3),

substituted ''Attorney General'' for ''Secretary'' wherever

appearing.

Subsec. (f)(1). Pub. L. 107-296, Sec. 1125, inserted ''or any

institution or organization receiving Federal financial

assistance,'' before ''shall''.

Subsec. (p). Pub. L. 107-296, Sec. 1127, added subsec. (p).

1999 - Subsec. (a). Pub. L. 106-54, Sec. 2(b)(1), designated

existing provisions as par. (1) and added par. (2).

Subsec. (j). Pub. L. 106-54, Sec. 2(b)(2), inserted ''and section

842(p)'' after ''this section''.

1996 - Subsec. (a). Pub. L. 104-132, Sec. 604, amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

''Any person who violates subsections (a) through (i) of section

842 of this chapter shall be fined under this title or imprisoned

not more than ten years, or both.''

Subsec. (e). Pub. L. 104-132, Sec. 708(a)(1), 724, substituted

''interstate or foreign commerce, or in or affecting interstate or

foreign commerce,'' for ''commerce'' and ''10'' for ''five''.

Subsec. (f). Pub. L. 104-132, Sec. 708(a)(2), amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows:

''Whoever maliciously damages or destroys, or attempts to damage or

destroy, by means of fire or an explosive, any building, vehicle,

or other personal or real property in whole or in part owned,

possessed, or used by, or leased to, the United States, any

department or agency thereof, or any institution or organization

receiving Federal financial assistance shall be imprisoned for not

more than 20 years, fined the greater of the fine under this title

or the cost of repairing or replacing any property that is damaged

or destroyed,, or both; and if personal injury results to any

person, including any public safety officer performing duties as a

direct or proximate result of conduct prohibited by this

subsection, shall be imprisoned for not more than 40 years, fined

the greater of the fine under this title or the cost of repairing

or replacing any property that is damaged or destroyed,, or both;

and if death results to any person, including any public safety

officer performing duties as a direct or proximate result of

conduct prohibited by this subsection, shall be subject to

imprisonment for any term of years, or to the death penalty or to

life imprisonment.''

Subsec. (h). Pub. L. 104-132, Sec. 708(a)(3), in concluding

provisions, substituted ''10 years'' and ''20 years'' for ''5 years

but not more than 15 years'' and ''10 years but not more than 25

years'', respectively.

Subsec. (i). Pub. L. 104-294, which directed substitution of

comma for '',,'' each place appearing, could not be executed

because '',,'' did not appear in text subsequent to amendment by

Pub. L. 104-132, Sec. 708(a)(4). See below.

Pub. L. 104-132, Sec. 708(c)(3), struck out at end ''No person

shall be prosecuted, tried, or punished for any noncapital offense

under this subsection unless the indictment is found or the

information is instituted within 7 years after the date on which

the offense was committed.''

Pub. L. 104-132, Sec. 708(a)(4)(B), which directed substitution

of ''not less than 7 years and not more than 40 years, fined under

this title'' for ''not more than 40 years, fined the greater of a

fine under this title or the cost of repairing or replacing any

property that is damaged or destroyed,'', was executed by making

the substitution in text which read ''not more than 40 years, fined

the greater of the fine under this title'' to reflect the probable

intent of Congress.

Pub. L. 104-132, Sec. 708(a)(4)(A), substituted ''not less than 5

years and not more than 20 years, fined under this title'' for

''not more than 20 years, fined the greater of the fine under this

title or the cost of repairing or replacing any property that is

damaged or destroyed,''.

Subsec. (n). Pub. L. 104-132, Sec. 701, added subsec. (n).

Subsec. (o). Pub. L. 104-132, Sec. 706, added subsec. (o).

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(L),

substituted ''fined under this title'' for ''fined not more than

$10,000''.

Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(H), substituted

''fined under this title'' for ''fined not more than $1,000''.

Subsec. (c). Pub. L. 103-322, Sec. 110509, designated existing

provisions as par. (1) and added pars. (2) and (3).

Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(L), (N), substituted

''fined under this title'' for ''fined not more than $10,000''

after ''ten years, or'' and for ''fined not more than $20,000''

after ''twenty years or''.

Pub. L. 103-322, Sec. 60003(a)(3)(A), struck out before period at

end ''as provided in section 34 of this title''.

Subsec. (e). Pub. L. 103-322, Sec. 330016(1)(K), substituted

''fined under this title'' for ''fined not more than $5,000''.

Subsec. (f). Pub. L. 103-322, Sec. 320106(1)(B), which directed

the substitution of ''not more than 40 years, fined the greater of

the fine under this title or the cost of repairing or replacing any

property that is damaged or destroyed,'' for ''not more than twenty

years, or fined not more than $10,000'', was executed by making the

substitution for ''not more than twenty years, or fined not more

than $20,000'', to reflect the probable intent of Congress.

Pub. L. 103-322, Sec. 320106(1)(A), substituted ''not more than

20 years, fined the greater of the fine under this title or the

cost of repairing or replacing any property that is damaged or

destroyed,'' for ''not more than ten years, or fined not more than

$10,000''.

Pub. L. 103-322, Sec. 60003(a)(3)(B), struck out before period at

end ''as provided in section 34 of this title''.

Subsec. (g)(2)(B). Pub. L. 103-272 substituted ''chapter 51 of

title 49'' for ''the Hazardous Materials Transportation Act (49

App. U.S.C. 1801, et seq.)''.

Subsec. (h). Pub. L. 103-322, Sec. 320106(2), in concluding

provisions, substituted ''5 years but not more than 15 years'' for

''five years'' and ''10 years but not more than 25 years'' for

''ten years''.

Subsec. (i). Pub. L. 103-322, Sec. 320917(a), inserted at end

''No person shall be prosecuted, tried, or punished for any

noncapital offense under this subsection unless the indictment is

found or the information is instituted within 7 years after the

date on which the offense was committed.''

Pub. L. 103-322, Sec. 320106(3), substituted ''not more than 20

years, fined the greater of the fine under this title or the cost

of repairing or replacing any property that is damaged or

destroyed,'' for ''not more than ten years or fined not more than

$10,000'' and ''not more than 40 years, fined the greater of the

fine under this title or the cost of repairing or replacing any

property that is damaged or destroyed,'' for ''not more than twenty

years or fined not more than $20,000''.

Pub. L. 103-322, Sec. 60003(a)(3)(C), struck out ''as provided in

section 34 of this title'' after ''death penalty or to life

imprisonment''.

Subsec. (k). Pub. L. 103-322, Sec. 110504(b), added subsec. (k).

Subsec. (l). Pub. L. 103-322, Sec. 110515(b), added subsec. (l).

Subsec. (m). Pub. L. 103-322, Sec. 110518(b), added subsec. (m).

1990 - Subsec. (d). Pub. L. 101-647 substituted ''subsection,''

for ''subsection,,'' before ''shall be subject to imprisonment''.

1988 - Subsec. (g). Pub. L. 100-690, Sec. 6474(a), designated

existing provisions as par. (1), substituted ''Except as provided

in paragraph (2), whoever'' for ''Whoever'', inserted ''in an

airport that is subject to the regulatory authority of the Federal

Aviation Administration, or'' after ''possess an explosive'',

inserted ''or airport'' after ''such building'', substituted ''not

more than five years, or fined under this title, or both'' for

''not more than one year, or fined not more than $1,000, or both'',

and added par. (2).

Subsec. (h). Pub. L. 100-690, Sec. 6474(b)(2), which directed the

amendment of subsec. (h) by striking ''shall be sentenced'' through

the end and inserting new provisions was executed by striking

''shall be sentenced'' the first time it appeared through the end

of the subsection which resulted in inserting concluding provisions

and striking out former concluding provisions which read as

follows: ''shall be sentenced to a term of imprisonment for not

less than one year nor more than ten years. In the case of his

second or subsequent conviction under this subsection, such person

shall be sentenced to a term of imprisonment for not less than five

years nor more than twenty-five years, and, notwithstanding any

other provision of law, the court shall not suspend the sentence of

such person or give him a probationary sentence.''

Subsec. (h)(2). Pub. L. 100-690, Sec. 6474(b)(1), in par. (2),

struck out ''unlawfully'' after ''explosive''.

1986 - Subsec. (c). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954''.

1984 - Subsecs. (d), (f), (i). Pub. L. 98-473 substituted

''personal injury results to any person, including any public

safety officer performing duties as a direct or proximate result of

conduct prohibited by this subsection,'' for ''personal injury

results'' and ''death results to any person, including any public

safety officer performing duties as a direct or proximate result of

conduct prohibited by this subsection,'' for ''death results''.

1982 - Subsecs. (e), (f). Pub. L. 97-298, Sec. 2(a), inserted

''fire or'' after ''by means of'' wherever appearing.

Subsec. (h)(1). Pub. L. 97-298, Sec. 2(b), inserted ''fire or''

after ''uses''.

Subsec. (i). Pub. L. 97-298, Sec. 2(c), inserted ''fire or''

after ''by means of''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 604 of Pub. L. 104-132 effective 1 year

after Apr. 24, 1996, see section 607 of Pub. L. 104-132, set out as

a note under section 841 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 320917(b) of Pub. L. 103-322 provided that: ''The

amendment made by subsection (a) (amending this section) shall not

apply to any offense described in the amendment that was committed

more than 5 years prior to the date of enactment of this Act (Sept.

13, 1994).''

EFFECTIVE DATE

Subsecs. (a) to (c) of this section effective 120 days after Oct.

15, 1970, and subsecs. (d) to (j) of this section effective on Oct.

15, 1970, see section 1105(a), (b), set out as a note under section

841 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 841, 842, 845, 846, 981,

982, 1956, 2332b, 2332f, 2339, 2339A, 2516, 3295, 3592, 5032 of

this title; title 8 section 1101.

-CITE-

18 USC Sec. 845 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF

EXPLOSIVE MATERIALS

-HEAD-

Sec. 845. Exceptions; relief from disabilities

-STATUTE-

(a) Except in the case of subsections (FOOTNOTE 1) (l), (m), (n),

or (o) of section 842 and subsections (d), (e), (f), (g), (h), and

(i) of section 844 of this title, this chapter shall not apply to:

(FOOTNOTE 1) So in original. Probably should be ''subsection''.

(1) any aspect of the transportation of explosive materials via

railroad, water, highway, or air which are regulated by the

United States Department of Transportation and agencies thereof,

and which pertain to safety;

(2) the use of explosive materials in medicines and medicinal

agents in the forms prescribed by the official United States

Pharmacopeia, or the National Formulary;

(3) the transportation, shipment, receipt, or importation of

explosive materials for delivery to any agency of the United

States or to any State or political subdivision thereof;

(4) small arms ammunition and components thereof;

(5) commercially manufactured black powder in quantities not to

exceed fifty pounds, percussion caps, safety and pyrotechnic

fuses, quills, quick and slow matches, and friction primers,

intended to be used solely for sporting, recreational, or

cultural purposes in antique firearms as defined in section

921(a)(16) of title 18 of the United States Code, or in antique

devices as exempted from the term ''destructive device'' in

section 921(a)(4) of title 18 of the United States Code; and

(6) the manufacture under the regulation of the military

department of the United States of explosive materials for, or

their distribution to or storage or possession by the military or

naval services or other agencies of the United States; or to

arsenals, navy yards, depots, or other establishments owned by,

or operated by or on behalf of, the United States.

(b)(1) A person who is prohibited from shipping, transporting,

receiving, or possessing any explosive under section 842(i) may

apply to the Secretary (FOOTNOTE 2) for relief from such

prohibition.

(FOOTNOTE 2) So in original. Probably should be ''Attorney

General''.

(2) The Secretary (FOOTNOTE 2) may grant the relief requested

under paragraph (1) if the Secretary (FOOTNOTE 2) determines that

the circumstances regarding the applicability of section 842(i),

and the applicant's record and reputation, are such that the

applicant will not be likely to act in a manner dangerous to public

safety and that the granting of such relief is not contrary to the

public interest.

(3) A licensee or permittee who applies for relief, under this

subsection, from the disabilities incurred under this chapter as a

result of an indictment for or conviction of a crime punishable by

imprisonment for a term exceeding 1 year shall not be barred by

such disability from further operations under the license or permit

pending final action on an application for relief filed pursuant to

this section.

(c) It is an affirmative defense against any proceeding involving

subsections (l) through (o) of section 842 if the proponent proves

by a preponderance of the evidence that the plastic explosive -

(1) consisted of a small amount of plastic explosive intended

for and utilized solely in lawful -

(A) research, development, or testing of new or modified

explosive materials;

(B) training in explosives detection or development or

testing of explosives detection equipment; or

(C) forensic science purposes; or

(2) was plastic explosive that, within 3 years after the date

of enactment of the Antiterrorism and Effective Death Penalty Act

of 1996, will be or is incorporated in a military device within

the territory of the United States and remains an integral part

of such military device, or is intended to be, or is incorporated

in, and remains an integral part of a military device that is

intended to become, or has become, the property of any agency of

the United States performing military or police functions

(including any military reserve component) or the National Guard

of any State, wherever such device is located.

(3) For purposes of this subsection, the term ''military

device'' includes, but is not restricted to, shells, bombs,

projectiles, mines, missiles, rockets, shaped charges, grenades,

perforators, and similar devices lawfully manufactured

exclusively for military or police purposes.

-SOURCE-

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15. 1970, 84

Stat. 958; amended Pub. L. 93-639, Sec. 101, Jan. 4, 1975, 88 Stat.

2217; Pub. L. 104-132, title VI, Sec. 605, Apr. 24, 1996, 110 Stat.

1289; Pub. L. 107-296, title XI, Sec. 1126, Nov. 25, 2002, 116

Stat. 2285.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Antiterrorism and Effective Death

Penalty Act of 1996, referred to in subsec. (c)(2), is the date of

enactment of Pub. L. 104-132, which was approved Apr. 24, 1996.

-MISC2-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-296, Sec. 1126, amended subsec.

(b) generally. Prior to amendment, text read as follows: ''A

person who had been indicted for or convicted of a crime punishable

by imprisonment for a term exceeding one year may make application

to the Secretary for relief from the disabilities imposed by this

chapter with respect to engaging in the business of importing,

manufacturing, or dealing in explosive materials, or the purchase

of explosive materials, and incurred by reason of such indictment

or conviction, and the Secretary may grant such relief if it is

established to his satisfaction that the circumstances regarding

the indictment or conviction, and the applicant's record and

reputation, are such that the applicant will not be likely to act

in a manner dangerous to public safety and that the granting of the

relief will not be contrary to the public interest. A licensee or

permittee who makes application for relief from the disabilities

incurred under this chapter by reason of indictment or conviction,

shall not be barred by such indictment or conviction from further

operations under his license or permit pending final action on an

application for relief filed pursuant to this section.''

1996 - Subsec. (a). Pub. L. 104-132, Sec. 605(1), inserted ''(l),

(m), (n), or (o) of section 842 and subsections'' after

''subsections'' in introductory provisions and '', and which

pertain to safety'' before semicolon at end of par. (1).

Subsec. (c). Pub. L. 104-132, Sec. 605(2), added subsec. (c).

1975 - Subsec. (a)(5). Pub. L. 93-639 substituted provisions

exempting commercially manufactured black powder in quantities not

exceeding fifty pounds, percussion caps, safety and pyrotechnic

fuses, quills, quick and slow matches, and friction primers,

intended to be used solely for sporting, recreational, or cultural

purposes in antique firearms or in antique devices for such

exemption of black powder in quantities not exceeding five pounds.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-132 effective 1 year after Apr. 24,

1996, see section 607 of Pub. L. 104-132, set out as a note under

section 841 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 926 of this title; title

15 section 2052.

-CITE-

18 USC Sec. 846 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF

EXPLOSIVE MATERIALS

-HEAD-

Sec. 846. Additional powers of the Attorney General

-STATUTE-

(a) The Attorney General is authorized to inspect the site of any

accident, or fire, in which there is reason to believe that

explosive materials were involved, in order that if any such

incident has been brought about by accidental means, precautions

may be taken to prevent similar accidents from occurring. In order

to carry out the purpose of this subsection, the Attorney General

is authorized to enter into or upon any property where explosive

materials have been used, are suspected of having been used, or

have been found in an otherwise unauthorized location. Nothing in

this chapter shall be construed as modifying or otherwise affecting

in any way the investigative authority of any other Federal

agency. In addition to any other investigatory authority they have

with respect to violations of provisions of this chapter, the

Federal Bureau of Investigation, together with the Bureau of

Alcohol, Tobacco, Firearms, and Explosives, shall have authority to

conduct investigations with respect to violations of subsection

(d), (e), (f), (g), (h), or (i) of section 844 of this title.

(b) The Attorney General is authorized to establish a national

repository of information on incidents involving arson and the

suspected criminal misuse of explosives. All Federal agencies

having information concerning such incidents shall report the

information to the Attorney General pursuant to such regulations as

deemed necessary to carry out the provisions of this subsection.

The repository shall also contain information on incidents

voluntarily reported to the Attorney General by State and local

authorities.

-SOURCE-

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84

Stat. 959; amended Pub. L. 104-208, div. A, title I, Sec. 101(f)

(title VI, Sec. 654(a)), Sept. 30, 1996, 110 Stat. 3009-314,

3009-369; Pub. L. 107-296, title XI, Sec. 1112(e)(2), (3), Nov. 25,

2002, 116 Stat. 2276.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-296, Sec. 1112(e)(3), substituted ''Attorney

General'' for ''Secretary'' in section catchline.

Subsec. (a). Pub. L. 107-296, Sec. 1112(e)(3), substituted

''Attorney General'' for ''Secretary'' in two places.

Pub. L. 107-296, Sec. 1112(e)(2), substituted ''the Federal

Bureau of Investigation, together with the Bureau of Alcohol,

Tobacco, Firearms, and Explosives'' for ''the Attorney General and

the Federal Bureau of Investigation, together with the Secretary''.

Subsec. (b). Pub. L. 107-296, Sec. 1112(e)(3), substituted

''Attorney General'' for ''Secretary'' wherever appearing.

1996 - Pub. L. 104-208 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

AUTHORIZATION OF APPROPRIATIONS

Section 101(f) (title VI, Sec. 654(b)) of div. A of Pub. L.

104-208 provided that: ''There is authorized to be appropriated

such sums as may be necessary to carry out the provisions of this

subsection (probably means ''this section'' which amended this

section).''

CERTIFICATION OF EXPLOSIVES DETECTION CANINES

Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 626), Dec. 21,

2000, 114 Stat. 2763, 2763A-162, provided that: ''Hereafter, the

Secretary of the Treasury is authorized to establish scientific

certification standards for explosives detection canines, and shall

provide, on a reimbursable basis, for the certification of

explosives detection canines employed by Federal agencies, or other

agencies providing explosives detection services at airports in the

United States.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-58, title VI, Sec. 630, Sept. 29, 1999, 113 Stat.

473.

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 640), Oct.

21, 1998, 112 Stat. 2681-480, 2681-526.

Pub. L. 105-61, title VI, Sec. 627, Oct. 10, 1997, 111 Stat.

1315.

Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI, Sec.

653(a)), Sept. 30, 1996, 110 Stat. 3009-314, 3009-369.

-CITE-

18 USC Sec. 847 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF

EXPLOSIVE MATERIALS

-HEAD-

Sec. 847. Rules and regulations

-STATUTE-

The administration of this chapter shall be vested in the

Attorney General. The Attorney General may prescribe such rules and

regulations as he deems reasonably necessary to carry out the

provisions of this chapter. The Attorney General shall give

reasonable public notice, and afford to interested parties

opportunity for hearing, prior to prescribing such rules and

regulations.

-SOURCE-

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84

Stat. 959; amended Pub. L. 107-296, title XI, Sec. 1112(e)(3), Nov.

25, 2002, 116 Stat. 2276.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-296 substituted ''Attorney General'' for

''Secretary'' wherever appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 842 of this title.

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18 USC Sec. 848 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF

EXPLOSIVE MATERIALS

-HEAD-

Sec. 848. Effect on State law

-STATUTE-

No provision of this chapter shall be construed as indicating an

intent on the part of the Congress to occupy the field in which

such provision operates to the exclusion of the law of any State on

the same subject matter, unless there is a direct and positive

conflict between such provision and the law of the State so that

the two cannot be reconciled or consistently stand together.

-SOURCE-

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84

Stat. 959.)

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