CITE

    18 USC Sec. 841                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS

HEAD

    Sec. 841. Definitions

STATUTE

      As used in this chapter -
        (a) "Person" means any individual, corporation, company,
      association, firm, partnership, society, or joint stock company.
        (b) "Interstate" or foreign commerce means commerce between any
      place in a State and any place outside of that State, or within
      any possession of the United States (not including the Canal
      Zone) or the District of Columbia, and commerce between places
      within the same State but through any place outside of that
      State. "State" includes the District of Columbia, the
      Commonwealth of Puerto Rico, and the possessions of the United
      States (not including the Canal Zone).
        (c) "Explosive materials" means explosives, blasting agents,
      and detonators.
        (d) Except for the purposes of subsections (d), (e), (f), (g),
      (h), (i), and (j) of section 844 of this title, "explosives"
      means any chemical compound mixture, or device, the primary or
      common purpose of which is to function by explosion; the term
      includes, but is not limited to, dynamite and other high
      explosives, black powder, pellet powder, initiating explosives,
      detonators, safety fuses, squibs, detonating cord, igniter cord,
      and igniters. The Attorney General shall publish and revise at
      least annually in the Federal Register a list of these and any
      additional explosives which he determines to be within the
      coverage of this chapter. For the purposes of subsections (d),
      (e), (f), (g), (h), and (i) of section 844 of this title, the
      term "explosive" is defined in subsection (j) of such section
      844.
        (e) "Blasting agent" means any material or mixture, consisting
      of fuel and oxidizer, intended for blasting, not otherwise
      defined as an explosive: Provided, That the finished product, as
      mixed for use or shipment, cannot be detonated by means of a
      numbered 8 test blasting cap when unconfined.
        (f) "Detonator" means any device containing a detonating charge
      that is used for initiating detonation in an explosive; the term
      includes, but is not limited to, electric blasting caps of
      instantaneous and delay types, blasting caps for use with safety
      fuses and detonating-cord delay connectors.
        (g) "Importer" means any person engaged in the business of
      importing or bringing explosive materials into the United States
      for purposes of sale or distribution.
        (h) "Manufacturer" means any person engaged in the business of
      manufacturing explosive materials for purposes of sale or
      distribution or for his own use.
        (i) "Dealer" means any person engaged in the business of
      distributing explosive materials at wholesale or retail.
        (j) "Permittee" means any user of explosives for a lawful
      purpose, who has obtained either a user permit or a limited
      permit under the provisions of this chapter.
        (k) "Attorney General" means the Attorney General of the United
      States.
        (l) "Crime punishable by imprisonment for a term exceeding one
      year" shall not mean (1) any Federal or State offenses pertaining
      to antitrust violations, unfair trade practices, restraints of
      trade, or other similar offenses relating to the regulation of
      business practices as the Attorney General may by regulation
      designate, or (2) any State offense (other than one involving a
      firearm or explosive) classified by the laws of the State as a
      misdemeanor and punishable by a term of imprisonment of two years
      or less.
        (m) "Licensee" means any importer, manufacturer, or dealer
      licensed under the provisions of this chapter.
        (n) "Distribute" means sell, issue, give, transfer, or
      otherwise dispose of.
        (o) "Convention on the Marking of Plastic Explosives" means the
      Convention on the Marking of Plastic Explosives for the Purpose
      of Detection, Done at Montreal on 1 March 1991.
        (p) "Detection agent" means any one of the substances specified
      in this subsection when introduced into a plastic explosive or
      formulated in such explosive as a part of the manufacturing
      process in such a manner as to achieve homogeneous distribution
      in the finished explosive, including -
          (1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2,
        molecular weight 152, when the minimum concentration in the
        finished explosive is 0.2 percent by mass;
          (2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
        C6H12(NO2)2, molecular weight 176, when the minimum
        concentration in the finished explosive is 0.1 percent by mass;
          (3) Para-Mononitrotoluene (p-MNT), C7H7NO2,
        molecular weight 137, when the minimum concentration in the
        finished explosive is 0.5 percent by mass;
          (4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2,
        molecular weight 137, when the minimum concentration in the
        finished explosive is 0.5 percent by mass; and
          (5) any other substance in the concentration specified by the
        Attorney General, after consultation with the Secretary of
        State and the Secretary of Defense, that has been added to the
        table in part 2 of the Technical Annex to the Convention on the
        Marking of Plastic Explosives.
        (q) "Plastic explosive" means an explosive material in flexible
      or elastic sheet form formulated with one or more high explosives
      which in their pure form has a vapor pressure less than 10-(!4)
      Pa at a temperature of 25ºC., is formulated
      with a binder material, and is as a mixture malleable or flexible
      at normal room temperature.
        (r) "Alien" means any person who is not a citizen or national
      of the United States.
        (s) "Responsible person" means an individual who has the power
      to direct the management and policies of the applicant pertaining
      to explosive materials.

SOURCE

    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 952; amended Pub. L. 104-132, title VI, Sec. 602, Apr. 24,
    1996, 110 Stat. 1288; Pub. L. 107-296, title XI, Secs. 1112(e)(1),
    (3), 1122(a), Nov. 25, 2002, 116 Stat. 2276, 2280.)

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

      2002 - Subsec. (d). Pub. L. 107-296, Sec. 1112(e)(3), substituted
    "Attorney General" for "Secretary".
      Subsec. (j). Pub. L. 107-296, Sec. 1122(a)(1), added subsec. (j)
    and struck out former subsec. (j) which read as follows: "
    'Permittee' means any user of explosives for a lawful purpose, who
    has obtained a user permit under the provisions of this chapter."
      Subsec. (k). Pub. L. 107-296, Sec. 1112(e)(1), added subsec. (k)
    and struck out former subsec. (k) which read as follows: "
    'Secretary' means the Secretary of the Treasury or his delegate."
      Subsec. (l). Pub. L. 107-296, Sec. 1112(e)(3), substituted
    "Attorney General" for "Secretary".
      Subsec. (p)(5). Pub. L. 107-296, Sec. 1112(e)(3), which directed
    amendment of par. (5) by substituting "Attorney General" for
    "Secretary" wherever appearing, was executed by making the
    substitution the first place appearing to reflect the probable
    intent of Congress.
      Subsecs. (r), (s). Pub. L. 107-296, Sec. 1122(a)(2), added
    subsecs. (r) and (s).
      1996 - Subsecs. (o) to (q). Pub. L. 104-132 added subsecs. (o) to
    (q).
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by section 1112(e)(1), (3) of Pub. L. 107-296 effective
    60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set
    out as an Effective Date note under section 101 of Title 6,
    Domestic Security.
      Amendment by section 1122(a) of Pub. L. 107-296 effective 180
    days after Nov. 25, 2002, see section 1122(i) of Pub. L. 107-296,
    set out as a note under section 843 of this title.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Section 607 of title VI of Pub. L. 104-132 provided that: "Except
    as otherwise provided in this title [amending this section,
    sections 842, 844, and 845 of this title, and section 1595a of
    Title 19, Customs Duties, and enacting provisions set out as a note
    below], this title and the amendments made by this title shall take
    effect 1 year after the date of enactment of this Act [Apr. 24,
    1996]."
                              EFFECTIVE DATE
      Section 1105(a), (b) of Pub. L. 91-452 provided that:
      "(a) Except as provided in subsection (b), the provisions of
    chapter 40 of title 18, United States Code, as enacted by section
    1102 of this title shall take effect one hundred and twenty days
    after the date of enactment of this Act [Oct. 15, 1970].
      "(b) The following sections of chapter 40 of title 18, United
    States Code, as enacted by section 1102 of this title shall take
    effect on the date of the enactment of this Act [Oct. 15, 1970]:
    sections 841, 844(d), (e), (f), (g), (h), (i), and (j), 845, 846,
    847, 848 and 849 [no section 849 was enacted]."
                       SHORT TITLE OF 2002 AMENDMENT
      Pub. L. 107-296, title XI, Sec. 1121, Nov. 25, 2002, 116 Stat.
    2280, provided that: "This subtitle [subtitle C (Secs. 1121-1128)
    of title XI of Pub. L. 107-296, amending this section and sections
    842 to 845 of this title and enacting provisions set out as a note
    under section 843 of this title] may be referred to as the 'Safe
    Explosives Act'."
                       SHORT TITLE OF 1982 AMENDMENT
      Pub. L. 97-298, Sec. 1, Oct. 12, 1982, 96 Stat. 1319, provided:
    "That this Act [amending section 844 of this title] may be cited as
    the 'Anti-Arson Act of 1982'."
                       SHORT TITLE OF 1975 AMENDMENT
      Pub. L. 93-639, Sec. 1, Jan. 4, 1975, 88 Stat. 2217, provided:
    "That this Act [amending sections 845 and 921 of this title] may be
    cited as 'Amendments of 1973 to Federal Law Relating to
    Explosives'."
           FINDINGS AND PURPOSES OF TITLE VI OF PUB. L. 104-132
      Section 601 of title VI of Pub. L. 104-132 provided that:
      "(a) Findings. - The Congress finds that -
        "(1) plastic explosives were used by terrorists in the bombings
      of Pan American Airlines flight number 103 in December 1988 and
      UTA flight number 722 in September 1989;
        "(2) plastic explosives can be used with little likelihood of
      detection for acts of unlawful interference with civil aviation,
      maritime navigation, and other modes of transportation;
        "(3) the criminal use of plastic explosives places innocent
      lives in jeopardy, endangers national security, affects domestic
      tranquility, and gravely affects interstate and foreign commerce;
        "(4) the marking of plastic explosives for the purpose of
      detection would contribute significantly to the prevention and
      punishment of such unlawful acts; and
        "(5) for the purpose of deterring and detecting such unlawful
      acts, the Convention on the Marking of Plastic Explosives for the
      Purpose of Detection, Done at Montreal on 1 March 1991, requires
      each contracting State to adopt appropriate measures to ensure
      that plastic explosives are duly marked and controlled.
      "(b) Purpose. - The purpose of this title [amending this section,
    sections 842, 844, and 845 of this title, and section 1595a of
    Title 19, Customs Duties, and enacting provisions set out as a note
    above] is to fully implement the Convention on the Marking of
    Plastic Explosives for the Purpose of Detection, Done at Montreal
    on 1 March 1991."
      MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE MATERIALS
      Section 732 of Pub. L. 104-132, as amended by Pub. L. 104-208,
    div. A, title I, Sec. 101(a) [title I, Sec. 113], Sept. 30, 1996,
    110 Stat. 3009, 3009-21; Pub. L. 105-61, title I, Oct. 10, 1997,
    111 Stat. 1272, required study by the Secretary of the Treasury of
    the marking, rendering inert, and licensing of explosive materials
    not later than 12 months after Apr. 24, 1996, report to Congress on
    results and recommendations, hearings by Congress to review study
    results, promulgation of regulations, and special study on the
    tagging of smokeless and black powder and report two years after
    Sept. 30, 1996.
                   CONGRESSIONAL DECLARATION OF PURPOSE
      Section 1101 of title XI of Pub. L. 91-452 provided that: "The
    Congress hereby declares that the purpose of this title [enacting
    this chapter amending section 2516 of this title, repealing section
    837 of this title and sections 121 to 144 of Title 50, War and
    National Defense, and enacting provisions set out as notes under
    this section] is to protect interstate and foreign commerce against
    interference and interruption by reducing the hazard to persons and
    property arising from misuse and unsafe or insecure storage of
    explosive materials. It is not the purpose of this title to place
    any undue or unnecessary Federal restrictions or burdens on law-
    abiding citizens with respect to the acquisition, possession,
    storage, or use of explosive materials for industrial, mining,
    agricultural, or other lawful purposes, or to provide for the
    imposition by Federal regulations of any procedures or requirements
    other than those reasonably necessary to implement and effectuate
    the provisions of this title."
                     MODIFICATION OF OTHER PROVISIONS
      Section 1104 of title XI of Pub. L. 91-452, as amended by Pub. L.
    99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    "Nothing in this title [enacting this chapter, amending section
    2516 of this title, repealing section 837 of this title and
    sections 121 to 144 of Title 50, War and National Defense, and
    enacting provisions set out as notes under this section] shall be
    construed as modifying or affecting any provision of -
        "(a) The National Firearms Act (chapter 53 of the Internal
      Revenue Code of 1986);
        "(b) Section 414 of the Mutual Security Act of 1954 (22 U.S.C.
      1934), as amended, relating to munitions control;
        "(c) Section 1716 of title 18, United States Code, relating to
      nonmailable materials;
        "(d) Sections 831 through 836 of title 18, United States Code;
      or
        "(e) Chapter 44 of title 18, United States Code."
      CONTINUATION IN BUSINESS OR OPERATION OF ANY PERSON ENGAGED IN
                 BUSINESS OR OPERATION ON OCTOBER 15, 1970
      Section 1105(c) of Pub. L. 91-452 provided that: "Any person (as
    defined in section 841(a) of title 18, United States Code) engaging
    in a business or operation requiring a license or permit under the
    provisions of chapter 40 of such title 18, who was engaged in such
    business or operation on the date of enactment of this Act [Oct.
    15, 1970] and who has filed an application for a license or permit
    under the provisions of section 843 of such chapter 40 prior to the
    effective date of such section 843 [see Effective Date note set out
    above] may continue such business or operation pending final action
    on his application. All provisions of such chapter 40 shall apply
    to such applicant in the same manner and to the same extent as if
    he were a holder of a license or permit under such chapter 40."
                      AUTHORIZATION OF APPROPRIATIONS
      Section 1107 of title XI of Pub. L. 91-452 provided that: "There
    are hereby authorized to be appropriated such sums as are necessary
    to carry out the purposes of this title [enacting this chapter,
    amending section 2516 of this title, repealing section 837 of this
    title and sections 121 to 144 of Title 50, War and National
    Defense, and enacting provisions set as notes under this section]."