18 U.s.c. 843

[§§ 833 to 835

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

etiologic agents, and other dangerous articles, prior to
repeal by Pub. L. 96–129, title II, § 216(b), Nov. 30, 1979,
93 Stat. 1015.

[§§ 833 to 835. Repealed. Pub. L. 96–129, title II,
§ 216(b), Nov. 30, 1979, 93 Stat. 1015]
Section 833, acts June 25, 1948, ch. 645, 62 Stat. 739;
Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 810, related to
marking of packages containing explosives and other
dangerous articles.
Section 834, acts June 25, 1948, ch. 645, 62 Stat. 739;
Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 810, related to formulation of regulations by Interstate Commerce Commission regarding transportation of explosives and
other dangerous articles within United States.
Section 835, acts June 25, 1948, ch. 645, 62 Stat. 739;
Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 811; Oct. 15, 1970,
Pub. L. 91–452, title II, § 222, 84 Stat. 929; Oct. 17, 1978,
Pub. L. 95–473, § 2(a)(1)(B), 92 Stat. 1464, authorized
Interstate Commerce Commission to administer, execute and enforce all provisions of sections 831 to 835 of
this title.
SAVINGS PROVISION
Pub. L. 96–129, title II, § 218, Nov. 30, 1979, 93 Stat. 1015,
provided a savings provision for orders, determinations,
rules, regulations, permits, contracts, certificates, licenses, and privileges issued, made, granted, or allowed
to become effective under former sections 831 to 835 of
this title, prior to repeal by Pub. L. 103–272, § 7(b), July
5, 1994, 108 Stat. 1379.

§ 836. Transportation of fireworks into State prohibiting sale or use
Whoever, otherwise than in the course of continuous interstate transportation through any
State, transports fireworks into any State, or
delivers them for transportation into any State,
or attempts so to do, knowing that such fireworks are to be delivered, possessed, stored,
transshipped, distributed, sold, or otherwise
dealt with in a manner or for a use prohibited by
the laws of such State specifically prohibiting or
regulating the use of fireworks, shall be fined
under this title or imprisoned not more than one
year, or both.
This section shall not apply to a common or
contract carrier or to international or domestic
water carriers engaged in interstate commerce
or to the transportation of fireworks into a
State for the use of Federal agencies in the carrying out or the furtherance of their operations.
In the enforcement of this section, the definitions of fireworks contained in the laws of the
respective States shall be applied.
As used in this section, the term ‘‘State’’ includes the several States, Territories, and possessions of the United States, and the District of
Columbia.
This section shall be effective from and after
July 1, 1954.
(Added June 4, 1954, ch. 261, § 1, 68 Stat. 170;
amended Pub. L. 103–322, title XXXIII,
§ 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $1,000’’ in first par.
FIREWORKS FOR AGRICULTURAL PURPOSES
Section 3 of act June 4, 1954, provided that: ‘‘This Act
[enacting this section] shall not be effective with respect to—

Page 180

‘‘(1) the transportation of fireworks into any State
or Territory for use solely for agricultural purposes,
‘‘(2) the delivery of fireworks for transportation
into any State or Territory for use solely for agricultural purposes, or
‘‘(3) any attempt to engage in any such transportation or delivery for use solely for agricultural purposes, until sixty days have elapsed after the commencement of the next regular session of the legislature of such State or Territory which begins after the
date of enactment of this Act [June 4, 1954].’’

[§ 837. Repealed. Pub. L. 91–452, title
§ 1106(b)(1), Oct. 15, 1970, 84 Stat. 960]

XI,

Section, Pub. L. 86–449, title II, § 203, May 6, 1960, 74
Stat. 87, related to illegal use or possession of explosives and threats or false information concerning attempts to damage or destroy real or personal property
by fire or explosives. See section 844 of this title.

CHAPTER
40—IMPORTATION,
MANUFACTURE, DISTRIBUTION AND STORAGE OF
EXPLOSIVE MATERIALS
Sec.

841.
842.
843.
844.
845.
846.
847.
848.

Definitions.
Unlawful acts.
Licenses and user permits.
Penalties.
Exceptions; relief from disabilities.
Additional powers of the Attorney General.
Rules and regulations.
Effect on State law.
AMENDMENTS

2002—Pub. L. 107–296, title XI, § 1112(e)(3), Nov. 25,
2002, 116 Stat. 2276, substituted ‘‘Attorney General’’ for
‘‘Secretary’’ in item 846.
1990—Pub. L. 101–647, title XXXV, § 3520, Nov. 29, 1990,
104 Stat. 4923, substituted ‘‘Licenses’’ for ‘‘Licensing’’
in item 843.
1970—Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84
Stat. 952, added chapter 40 and items 841 to 848.

§ 841. Definitions
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

Page 181

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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

§ 841

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 1.—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)).2
(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.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsec.
(a), see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
AMENDMENTS
2010—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).
1 So

in original. Probably should not be capitalized.
in original. The second closing parenthesis probably
should not appear.
2 So

§ 841

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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, § 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 AMENDMENT
Pub. 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 AMENDMENT
Pub. 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. 104–132
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

Page 182

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, § 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 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, § 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

Page 183

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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].’’

§ 842. Unlawful acts
(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.

§ 842

(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);
(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 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; or
(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;
(C) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military force, as determined by the Attorney General in consultation with the Secretary of Defense, 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 authorized military purpose; or
(D) 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; 2
(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
1 So
2 So

in original. Probably should be ‘‘Attorney General’’.
in original. Probably should be followed by ‘‘or’’.

§ 842

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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);
(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 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; or
(ii) is a person having the power to direct
or cause the direction of the management

Page 184

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;
(C) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military force, as determined by the Attorney General in consultation with the Secretary of Defense, 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 authorized military purpose; or
(D) 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; 2
(7) who, having been a citizen of the United
States, has renounced the citizenship of that
person 3
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.
3 So

in original. Probably should be followed by a semicolon.

Page 185

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

(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,

§ 842

or information for, or in furtherance of, an
activity that constitutes a Federal crime of
violence.
(Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15,
1970, 84 Stat. 953; amended Pub. L. 100–690, title
VI, § 6474(c), (d), Nov. 18, 1988, 102 Stat. 4380; Pub.
L. 101–647, title XXXV, § 3521, Nov. 29, 1990, 104
Stat. 4923; Pub. L. 103–322, title XI, §§ 110508,
110516, Sept. 13, 1994, 108 Stat. 2018, 2020; Pub. L.
104–132, title VI, § 603, title VII, § 707, Apr. 24,
1996, 110 Stat. 1289, 1296; Pub. L. 106–54, § 2(a),
Aug. 17, 1999, 113 Stat. 398; Pub. L. 107–296, title
XI, §§ 1112(e)(3), 1122(b), 1123, Nov. 25, 2002, 116
Stat. 2276, 2280, 2283; Pub. L. 108–177, title III,
§ 372, Dec. 13, 2003, 117 Stat. 2627.)
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.
AMENDMENTS
2003—Subsec. (d)(7)(A). Pub. L. 108–177, § 372(a)(1),
struck out ‘‘or’’ at end.
Subsec. (d)(7)(B). Pub. L. 108–177, § 372(a)(2), inserted
‘‘or’’ at end of cl. (i) and struck out cls. (iii) and (iv)
which read as follows:
‘‘(iii) is a member of a North Atlantic Treaty Organization (NATO) or other friendly foreign military force,
as determined by the Secretary 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;’’.
Subsec. (d)(7)(C), (D). Pub. L. 108–177, § 372(a)(3), added
subpars. (C) and (D).
Subsec. (i)(5)(A). Pub. L. 108–177, § 372(b)(1), struck out
‘‘or’’ at end.
Subsec. (i)(5)(B). Pub. L. 108–177, § 372(b)(2), inserted
‘‘or’’ at end of cl. (i) and struck out cls. (iii) and (iv)
which read as follows:
‘‘(iii) is a member of a North Atlantic Treaty Organization (NATO) or other friendly foreign military force,
as determined by the Secretary 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;’’.
Subsec. (i)(5)(C), (D). Pub. L. 108–177, § 372(b)(3), added
subpars. (C) and (D).
2002—Subsec. (a)(3), (4). Pub. L. 107–296, § 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 explo-

§ 843

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

sive 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, § 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, § 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, § 1123(a)(1), (3),
added pars. (7) to (9).
Subsec. (f). Pub. L. 107–296, § 1112(e)(3), substituted
‘‘Attorney General’’ for ‘‘Secretary’’.
Subsec. (i). Pub. L. 107–296, § 1123(b)(3), inserted ‘‘or
affecting’’ before ‘‘interstate’’ in two places in concluding provisions.
Subsec. (i)(5) to (7). Pub. L. 107–296, § 1123(b)(1), (2),
added pars. (5) to (7).
Subsecs. (j), (k), (o). Pub. L. 107–296, § 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, § 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, § 603, added subsecs.
(l) to (o).
1994—Subsec. (d). Pub. L. 103–322, § 110516, substituted
‘‘any person’’ for ‘‘any licensee’’ in introductory provisions.
Subsec. (i). Pub. L. 103–322, § 110508, inserted ‘‘or possess’’ after ‘‘receive’’ in concluding provisions.
1990—Subsec. (d)(5). Pub. L. 101–647, § 3521(1), substituted ‘‘; or’’ for a period.
Subsec. (i)(3). Pub. L. 101–647, § 3521(2), substituted
‘‘; or’’ for a period.
1988—Subsec. (d)(5). Pub. L. 100–690, § 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, § 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’’.
CHANGE OF NAME
Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of Na-

Page 186

tional Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 401 of Title 50, War and National
Defense.
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.

§ 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
1 So

in original. Probably should be ‘‘Attorney General’’.

Page 187

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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 12month 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
2 So

in original. Probably should be ‘‘Attorney General’s’’.

§ 843

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 manu-

§ 844

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

facture 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.)
AMENDMENTS
2002—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’’,

Page 188

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).
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, § 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.

§ 844. Penalties
(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

Page 189

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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

§ 844

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
Pipeline and Hazardous Materials Safety 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 perform-

§ 844

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

ing 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 1 not
later than 24 hours after the discovery of the
theft.
(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.
(Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15,
1970, 84 Stat. 956; amended Pub. L. 97–298, § 2,
1 So

in original. Probably should be ‘‘Attorney General’’.

Page 190

Oct. 12, 1982, 96 Stat. 1319; Pub. L. 98–473, title II,
§ 1014, Oct. 12, 1984, 98 Stat. 2142; Pub. L. 99–514,
§ 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–690,
title VI, § 6474(a), (b), Nov. 18, 1988, 102 Stat. 4379;
Pub. L. 101–647, title XXXV, § 3522, Nov. 29, 1990,
104 Stat. 4924; Pub. L. 103–272, § 5(e)(7), July 5,
1994, 108 Stat. 1374; Pub. L. 103–322, title VI,
§ 60003(a)(3), title XI, §§ 110504(b), 110509, 110515(b),
110518(b), title XXXII, §§ 320106, 320917(a), title
XXXIII, § 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, § 604, title VII, §§ 701, 706,
708(a), (c)(3), 724, Apr. 24, 1996, 110 Stat. 1289, 1291,
1295–1297, 1300; Pub. L. 104–294, title VI, § 603(a),
Oct. 11, 1996, 110 Stat. 3503; Pub. L. 106–54, § 2(b),
Aug. 17, 1999, 113 Stat. 399; Pub. L. 107–296, title
XI, §§ 1112(e)(3), 1125, 1127, Nov. 25, 2002, 116 Stat.
2276, 2285; Pub. L. 108–426, § 2(c)(6), Nov. 30, 2004,
118 Stat. 2424.)
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.
AMENDMENTS
2004—Subsec. (g)(2)(B). Pub. L. 108–426 substituted
‘‘Pipeline and Hazardous Materials Safety Administration’’ for ‘‘Research and Special Projects Administration’’.
2002—Subsec. (c)(2), (3). Pub. L. 107–296, § 1112(e)(3),
substituted ‘‘Attorney General’’ for ‘‘Secretary’’ wherever appearing.
Subsec. (f)(1). Pub. L. 107–296, § 1125, inserted ‘‘or any
institution or organization receiving Federal financial
assistance,’’ before ‘‘shall’’.
Subsec. (p). Pub. L. 107–296, § 1127, added subsec. (p).
1999—Subsec. (a). Pub. L. 106–54, § 2(b)(1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (j). Pub. L. 106–54, § 2(b)(2), inserted ‘‘and section 842(p)’’ after ‘‘this section’’.
1996—Subsec. (a). Pub. L. 104–132, § 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, §§ 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, § 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, § 708(a)(3), in concluding
provisions, substituted ‘‘10 years’’ and ‘‘20 years’’ for ‘‘5

Page 191

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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, § 708(a)(4).
See below.
Pub. L. 104–132, § 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, § 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, § 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, § 701, added subsec. (n).
Subsec. (o). Pub. L. 104–132, § 706, added subsec. (o).
1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(L), substituted ‘‘fined under this title’’ for ‘‘fined not more
than $10,000’’.
Subsec. (b). Pub. L. 103–322, § 330016(1)(H), substituted
‘‘fined under this title’’ for ‘‘fined not more than
$1,000’’.
Subsec. (c). Pub. L. 103–322, § 110509, designated existing provisions as par. (1) and added pars. (2) and (3).
Subsec. (d). Pub. L. 103–322, § 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, § 60003(a)(3)(A), struck out before period at end ‘‘as provided in section 34 of this title’’.
Subsec. (e). Pub. L. 103–322, § 330016(1)(K), substituted
‘‘fined under this title’’ for ‘‘fined not more than
$5,000’’.
Subsec. (f). Pub. L. 103–322, § 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, § 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, § 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, § 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, § 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, § 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

§ 844

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, § 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, § 110504(b), added subsec.
(k).
Subsec. (l). Pub. L. 103–322, § 110515(b), added subsec.
(l).
Subsec. (m). Pub. L. 103–322, § 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, § 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, § 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, § 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, § 2(a), inserted
‘‘fire or’’ after ‘‘by means of’’ wherever appearing.
Subsec. (h)(1). Pub. L. 97–298, § 2(b), inserted ‘‘fire or’’
after ‘‘uses’’.
Subsec. (i). Pub. L. 97–298, § 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

§ 845

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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.

§ 845. Exceptions; relief from disabilities
(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 1
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.
1 So

in original. Probably should be followed by a semicolon.

Page 192

(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.)
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.
AMENDMENTS
2010—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 reg-

Page 193

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

ulated 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.
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.

§ 847

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.)
AMENDMENTS
2002—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).
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, § 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

§ 846. Additional powers of the Attorney General
(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

Pub. 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.

§ 847. Rules and regulations
The administration of this chapter shall be
vested in the Attorney General. The Attorney

§ 848

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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.)
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.

§ 848. Effect on State law
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.)
CHAPTER 41—EXTORTION AND THREATS

Page 194

any post office or by any letter carrier any letter, paper, writing, print, missive, or document
containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect,
the Vice President or other officer next in the
order of succession to the office of President of
the United States, or the Vice President-elect,
or knowingly and willfully otherwise makes any
such threat against the President, Presidentelect, Vice President or other officer next in the
order of succession to the office of President, or
Vice President-elect, shall be fined under this
title or imprisoned not more than five years, or
both.
(b) The terms ‘‘President-elect’’ and ‘‘Vice
President-elect’’ as used in this section shall
mean such persons as are the apparent successful candidates for the offices of President and
Vice President, respectively, as ascertained
from the results of the general elections held to
determine the electors of President and Vice
President in accordance with title 3, United
States Code, sections 1 and 2. The phrase ‘‘other
officer next in the order of succession to the office of President’’ as used in this section shall
mean the person next in the order of succession
to act as President in accordance with title 3,
United States Code, sections 19 and 20.
(June 25, 1948, ch. 645, 62 Stat. 740; June 1, 1955,
ch. 115, § 1, 69 Stat. 80; Pub. L. 87–829, § 1, Oct. 15,
1962, 76 Stat. 956; Pub. L. 97–297, § 2, Oct. 12, 1982,
96 Stat. 1318; Pub. L. 103–322, title XXXIII,
§ 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
HISTORICAL AND REVISION NOTES

Sec.

871.
872.
873.
874.
875.
876.
877.
878.

879.
880.

Threats against President and successors to
the Presidency.
Extortion by officers or employees of the
United States.
Blackmail.
Kickbacks from public works employees.
Interstate communications.
Mailing threatening communications.
Mailing threatening communications from
foreign country.
Threats and extortion against foreign officials, official guests, or internationally protected persons.
Threats against former Presidents and certain other persons.
Receiving the proceeds of extortion.
AMENDMENTS

2000—Pub. L. 106–544, § 2(b)(2), Dec. 19, 2000, 114 Stat.
2715, struck out ‘‘protected by the Secret Service’’ after
‘‘other persons’’ in item 879.
1994—Pub. L. 103–322, title XXXII, § 320601(a)(2), Sept.
13, 1994, 108 Stat. 2115, added item 880.
1982—Pub. L. 97–297, § 1(b), Oct. 12, 1982, 96 Stat. 1317,
added item 879.
1976—Pub. L. 94–467, § 9, Oct. 8, 1976, 90 Stat. 2001,
added item 878.
1962—Pub. L. 87–829, § 2, Oct. 15, 1962, 76 Stat. 956, substituted ‘‘and successors to the Presidency’’ for
‘‘, President-elect, and Vice President’’ in item 871.
1955—Act June 1, 1955, ch. 115, § 2, 69 Stat. 80, inserted
‘‘President-elect, and Vice President’’ in item 871.

Based on title 18, U.S.C., 1940 ed., § 89 (Feb. 14, 1917,
ch. 64, 39 Stat. 919).
Reference to persons causing or procuring was omitted as unnecessary in view of definition of ‘‘principal’’
in section 2 of this title.
Minor changes were made in phraseology.
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined
under this title’’ for ‘‘fined not more than $1,000’’.
1982—Subsec. (a). Pub. L. 97–297 inserted ‘‘, to kidnap,’’ after ‘‘containing any threat to take the life of’’.
1962—Pub. L. 87–829 designated existing provisions as
subsec. (a), extended the provisions of such subsection
to include any other officer next on the order of succession to the office of President and the Vice-Presidentelect, added subsec. (b), and substituted ‘‘and successors to the Presidency’’ for ‘‘, President-elect, and Vice
President’’ in section catchline.
1955—Act June 1, 1955, included in section catchline
and in text, provision for penalties for threats against
the President-elect and the Vice President.
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–544, § 1, Dec. 19, 2000, 114 Stat. 2715, provided that: ‘‘This Act [amending sections 879, 3056 and
3486 of this title, repealing section 3486A of this title,
and enacting provisions set out as notes under section
3056 of this title, section 551 of Title 5, Government Organization and Employees, and section 566 of Title 28,
Judiciary and Judicial Procedure] may be cited as the
‘Presidential Threat Protection Act of 2000’.’’

§ 871. Threats against President and successors
to the Presidency

§ 872. Extortion by officers or employees of the
United States

(a) Whoever knowingly and willfully deposits
for conveyance in the mail or for a delivery from

Whoever, being an officer, or employee of the
United States or any department or agency