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18 U.S.C. § 845 — Exceptions; relief from disabilities

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 845 — Exceptions; relief from disabilities

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Source file: Laws/federal/codes/united-states-code/title-18/section-845-exceptions-relief-from-disabilities--71e29a20bb.md
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Source location: Title 18, Chapter 40, § 845; chapter-040-importation-manufacture-distribution-and-storage-of-explosive-materials.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section844&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a/16&num=0&edition=prelim) of the United States Code, or in antique devices as exempted from the term “destructive device” in [section 921(a)(4) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a/4&num=0&edition=prelim) of the United States Code; (6) the manufacture under the regulation of the military department of the United States of explosive materials for, or their distribution to or storage or possession by the military or naval services or other agencies of the United States; or to arsenals, navy yards, depots, or other establishments owned by, or operated by or on behalf of, the United States 11 So in original. Probably should be followed by a semicolon. and (7) the transportation, shipment, receipt, or importation of display fireworks materials for delivery to a federally recognized Indian tribe or tribal agency. **(b)** (1) A person who is prohibited from shipping, transporting, receiving, or possessing any explosive under section 842(i) may apply to the Attorney General for relief from such prohibition. (2) The Attorney General may grant the relief requested under paragraph (1) if the Attorney General determines that the circumstances regarding the applicability of section 842(i), and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of such relief is not contrary to the public interest. (3) A licensee or permittee who applies for relief, under this subsection, from the disabilities incurred under this chapter as a result of an indictment for or conviction of a crime punishable by imprisonment for a term exceeding 1 year shall not be barred by such disability from further operations under the license or permit pending final action on an application for relief filed pursuant to this section. **(c)** It is an affirmative defense against any proceeding involving subsections (l) through (o) of section 842 if the proponent proves by a preponderance of the evidence that the plastic explosive— (1) consisted of a small amount of plastic explosive intended for and utilized solely in lawful— (A) research, development, or testing of new or modified explosive materials; (B) training in explosives detection or development or testing of explosives detection equipment; or (C) forensic science purposes; or (2) was plastic explosive that, within 3 years after the date of enactment of the Antiterrorism and Effective Death Penalty Act of 1996, will be or is incorporated in a military device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is incorporated in, and remains an integral part of a military device that is intended to become, or has become, the property of any agency of the United States performing military or police functions (including any military reserve component) or the National Guard of any State, wherever such device is located. (3) For purposes of this subsection, the term “military device” includes, but is not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 844

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section844&num=0&edition=prelim), “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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section844&num=0&edition=prelim), the term “explosive” is defined in subsection (j) of such section 844. **(e)** “Blasting agent” means any material or mixture, consisting

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 841

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 121 to 144 — Repealed. Pub. L. 91–452, title XI, § 1106(a), Oct. 15, 1970, 84 Stat. 960

### Statutory Notes Section 121, acts Oct. 6, 1917, ch. 83, § 1, 40 Stat. 385; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 863, defined “explosive”, “explosives”, “ingredients”, “person”, and “Director”. See [section 841 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section841&num=0&edition=prelim), Crimes and Criminal Procedure. Section 122, acts Oct. 6, 1917, ch. 83, § 2, 40 Stat. 385; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864, related to unauthorized manufacture, distribution, possession, acquisition, etc., of explosives or ingredients. See [section 842 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section842&num=0&edition=prelim). Section 123, acts Oct. 6, 1917, ch. 83, § 3, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864; Nov. 24, 1942, ch. 641, 56 Stat. 1022; Aug. 23, 1958, Pub. L. 85–726, title XIV, § 1405, 72 Stat. 808; Oct. 15, 1966, Pub. L. 89–670, § 8(f), 80 Stat. 943, excepted from provisions of this chapter purchase or possession of ingredients when purchased or held in small quantities and not used or intended to be used in manufacture of explosives, explosives or ingredients in transit in conformity with applicable law, explosives manufactured under authority of the United States for armed forces or the F.B.I., and arsenals, etc., owned by, or operated by or on behalf of, the United States. See [section 845 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section845&num=0&edition=prelim). Section 124, acts Oct. 6, 1917, ch. 83, § 4, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864, authorized a superintendent, foreman, or other duly authorized employee at a mine, quarry, or other work, when licensed, to sell or issue to any employee under

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 121 to 144

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 845 — Exceptions; relief from disabilities

Page 206 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 845 1 So in original. Probably should be followed by a semicolon. 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’’, in- serted ‘‘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 sen- tenced’’ 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 imprison- ment for not less than one year nor more than ten years. In the case of his second or subsequent convic- tion under this subsection, such person shall be sen- tenced to a term of imprisonment for not less than five years nor more than twenty-five years, and, notwith- standing any other provision of law, the court shall not suspend the sentence of such person or give him a pro- bationary 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

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 845

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