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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "18 U.S.C. § 841"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
chapter_number: "40"
chapter_name: "IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS"
section: "841"
citation: "18 U.S.C. § 841"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip"
source_identifier: "/us/usc/t18/s841"
source_file: "data/legal/raw/us/code/title-18/usc18.xml"
source_hash: "ce63a8019e3742d4acd14627a84b3a1d70853d8c3f1b39e1c982eeef62bc4f02"
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text_hash: "70feac7fc6f64e7caafd54f47b4f99a0e5522cce0896ba27db214b6b7743bdd5"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 18 U.S.C. § 841 - Definitions
## Text
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), C2H4(NO3)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), C6H12(NO2)2, molecular weight 176, when the minimum concentration in the finished explosive is 0.1 percent by mass;
(3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass;
(4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, 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 10−4 Pa at a temperature of 25°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.
(t) Indian Tribe 11 So in original. Probably should not be capitalized..— The term “Indian tribe” has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)).22 So in original. The second closing parenthesis probably should not appear.\, \33 See References in Text note below.
(Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 952; amended Pub. L. 104–132, title VI, § 602, Apr. 24, 1996, 110 Stat. 1288; Pub. L. 107–296, title XI, §§ 1112(e)(1), (3), 1122(a), Nov. 25, 2002, 116 Stat. 2276, 2280; Pub. L. 111–211, title II, § 236(b), July 29, 2010, 124 Stat. 2286.)
## Notes
Editorial Notes
References in TextFor definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse. Section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a), referred to in subsec. (t), was classified to section 479a of Title 25, Indians, prior to editorial reclassification as section 5130 of Title 25.
Amendments2010—Subsec. (t). Pub. L. 111–211 added subsec. (t). 2002—Subsec. (d). Pub. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary”. Subsec. (j). Pub. L. 107–296, § 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, § 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, § 1112(e)(3), substituted “Attorney General” for “Secretary”. Subsec. (p)(5). Pub. L. 107–296, § 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, § 1122(a)(2), added subsecs. (r) and (s). 1996—Subsecs. (o) to (q). Pub. L. 104–132 added subsecs. (o) to (q).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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 AmendmentPub. L. 104–132, title VI, § 607, Apr. 24, 1996, 110 Stat. 1290, 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 DatePub. L. 91–452, title XI, § 1105(a), (b), Oct. 15, 1970, 84 Stat. 959, 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 AmendmentPub. L. 107–296, title XI, § 1121, Nov. 25, 2002, 116 Stat. 2280, provided that: “This subtitle [subtitle C (§§ 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 AmendmentPub. L. 97–298, § 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 AmendmentPub. L. 93–639, § 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. 104–132Pub. L. 104–132, title VI, § 601, Apr. 24, 1996, 110 Stat. 1287, 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 MaterialsPub. L. 104–132, title VII, § 732, Apr. 24, 1996, 110 Stat. 1303, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 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 PurposePub. L. 91–452, title XI, § 1101, Oct. 15, 1970, 84 Stat. 952, 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 ProvisionsPub. L. 91–452, title XI, § 1104, Oct. 15, 1970, 84 Stat. 959, as amended by Pub. L. 99–514, § 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, 1970Pub. L. 91–452, title XI, § 1105(c), Oct. 15, 1970, 84 Stat. 960, 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 AppropriationsPub. L. 91–452, title XI, § 1107, Oct. 15, 1970, 84 Stat. 960, 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].”
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---
type: "LegalText"
title: "18 U.S.C. § 843"
description: "Licenses and user permits"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
chapter_number: "40"
chapter_name: "IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS"
section: "843"
citation: "18 U.S.C. § 843"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip"
source_identifier: "/us/usc/t18/s843"
source_file: "data/legal/raw/us/code/title-18/usc18.xml"
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text_hash: "98923590bfd6e158b83f65e80ce9eb2c5bed3213b34cc36ddbd69fa6f406b79d"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 18 U.S.C. § 843 - Licenses and user permits
## Text
(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 11 So in original. Probably should be “Attorney General”. 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 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
(B) subparagraph (A) shall not apply to an applicant for the renewal of a limited permit if the Secretary 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 22 So in original. Probably should be “Attorney General’s”. action under this subsection may be reviewed only as provided in subsection (e)(2) of this section.
(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 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 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 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 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 1 may take into account a letter or document issued under paragraph (2).
(2) (A) If the Secretary 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 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 1 determines that the responsible person or employee is one of the persons described in any paragraph of section 842(i), the Secretary 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,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 1 determines is relevant to the identification of the explosive materials or to identification of the ammonium nitrate.
(2) Reimbursement.— The Secretary 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.
(Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 955; amended Pub. L. 107–296, title XI, §§ 1112(e)(3), 1122(c)–(h), 1124, Nov. 25, 2002, 116 Stat. 2276, 2281, 2282, 2285.)
## Notes
Editorial Notes
Amendments2002—Subsec. (a). Pub. L. 107–296, § 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, § 1112(e)(3), substituted “Attorney General” for “Secretary” in two places. Subsec. (b). Pub. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary” in introductory provisions. Subsec. (b)(1). Pub. L. 107–296, § 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, § 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, § 1112(e)(3), substituted “the Attorney General by regulations” for “the Secretary by regulations”. Subsec. (b)(6), (7). Pub. L. 107–296, § 1122(d)(3), (4), added pars. (6) and (7). Subsec. (c). Pub. L. 107–296, § 1122(e), substituted “90 days for licenses and permits,” for “forty-five days”. Pub. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary” in two places. Subsecs. (d), (e). Pub. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary” wherever appearing. Subsec. (f). Pub. L. 107–296, § 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, § 1112(e)(3), substituted “Attorney General” for “Secretary” wherever appearing. Subsec. (g). Pub. L. 107–296, § 1122(g), inserted “user” before “permits”. Subsec. (h). Pub. L. 107–296, § 1122(h), added subsec. (h). Subsec. (i). Pub. L. 107–296, § 1124, added subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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, § 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, 1970Filing 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.
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# 18 U.S.C. § 845 - Exceptions; relief from disabilities
## Text
(a) Except in the case of subsection (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:
(1) aspects of the transportation of explosive materials via railroad, water, highway, or air that pertain to safety, including security, and are regulated by the Department of Transportation or the Department of Homeland Security;
(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;
(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 11 So in original. Probably should be followed by a semicolon. and
(7) the transportation, shipment, receipt, or importation of display fireworks materials for delivery to a federally recognized Indian tribe or tribal agency.
(b) (1) A person who is prohibited from shipping, transporting, receiving, or possessing any explosive under section 842(i) may apply to the Attorney General for relief from such prohibition.
(2) The Attorney General may grant the relief requested under paragraph (1) if the Attorney General 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.
(Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 958; amended Pub. L. 93–639, § 101, Jan. 4, 1975, 88 Stat. 2217; Pub. L. 104–132, title VI, § 605, Apr. 24, 1996, 110 Stat. 1289; Pub. L. 107–296, title XI, §§ 1112(e)(3), 1126, Nov. 25, 2002, 116 Stat. 2276, 2285; Pub. L. 109–59, title VII, § 7127, Aug. 10, 2005, 119 Stat. 1909; Pub. L. 111–211, title II, § 236(a), (c), July 29, 2010, 124 Stat. 2286.)
## Notes
Editorial Notes
References in TextThe 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.
Amendments2010—Subsec. (a). Pub. L. 111–211, § 236(c)(1), substituted “subsection (l),” for “subsections (l),” in introductory provisions. Subsec. (a)(7). Pub. L. 111–211, § 236(a), added par. (7). Subsec. (b). Pub. L. 111–211, § 236(c)(2), substituted “Attorney General” for “Secretary” wherever appearing. 2005—Subsec. (a)(1). Pub. L. 109–59 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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;”. 2002—Subsec. (b). Pub. L. 107–296, § 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 Attorney General 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 Attorney General 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.” Pub. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary” in two places. 1996—Subsec. (a). Pub. L. 104–132, § 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, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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 AmendmentAmendment 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.
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# 18 U.S.C. § 846 - Additional powers of the Attorney General
## Text
(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.
(Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 959; amended Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 654(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369; Pub. L. 107–296, title XI, § 1112(e)(2), (3), Nov. 25, 2002, 116 Stat. 2276.)
## Notes
Editorial Notes
Amendments2002—Pub. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary” in section catchline. Subsec. (a). Pub. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary” in two places. Pub. L. 107–296, § 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, § 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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 AppropriationsPub. L. 104–208, div. A, title I, § 101(f) [title VI, § 654(b)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369, 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 CaninesPub. L. 106–554, § 1(a)(3) [title VI, § 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, § 630, Sept. 29, 1999, 113 Stat. 473. Pub. L. 105–277, div. A, § 101(h) [title VI, § 640], Oct. 21, 1998, 112 Stat. 2681–480, 2681–526. Pub. L. 105–61, title VI, § 627, Oct. 10, 1997, 111 Stat. 1315. Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 653(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369.
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# 18 U.S.C. § 847 - Rules and regulations
## Text
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.
(Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 959; amended Pub. L. 107–296, title XI, § 1112(e)(3), Nov. 25, 2002, 116 Stat. 2276.)
## Notes
Editorial Notes
Amendments2002—Pub. L. 107–296 substituted “Attorney General” for “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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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# 18 U.S.C. § 848 - Effect on State law
## Text
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.
(Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 959.)