|
State Lawyer Resources
US Lawyer Resources
|
Crimes and Criminal Procedure - 18 USC Section 843
Legal Research Home
> US Lawyer > Crimes and Criminal
Procedure > Crimes and Criminal Procedure - 18 USC Section 843
01/19/04
Sec. 843. Licenses and user permits
(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 (!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 (!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 (!2) 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.
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.
(!2) So in original. Probably should be "Attorney General's".
Last modified: April 13, 2006 |
_files/logo.gif){kind=logo}