18 U.S.C. § 841 — Definitions

Page 195 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 841 Sec. Editorial Notes 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, corpora- tion, 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 Colum- bia, the Commonwealth of Puerto Rico, and the possessions of the United States (not in- cluding 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 ex- plosion; 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 annu- ally 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, in- tended for blasting, not otherwise defined as an explosive: Provided, That the finished prod- uct, 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 con- taining a detonating charge that is used for initiating detonation in an explosive; the term includes, but is not limited to, electric blast- ing caps of instantaneous and delay types, blasting caps for use with safety fuses and det- onating-cord delay connectors. (g) ‘‘Importer’’ means any person engaged in the business of importing or bringing explo- sive materials into the United States for pur- poses of sale or distribution. (h) ‘‘Manufacturer’’ means any person en- gaged in the business of manufacturing explo- sive materials for purposes of sale or distribu- tion or for his own use. (i) ‘‘Dealer’’ means any person engaged in the business of distributing explosive mate- rials 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, re- straints of trade, or other similar offenses re- lating 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, manu- facturer, or dealer licensed under the provi- sions 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 formu- lated in such explosive as a part of the manu- facturing process in such a manner as to achieve homogeneous distribution in the fin- ished explosive, including— (1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2, molecular weight 152, when the minimum concentration in the finished ex- plosive 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 ex- plosive is 0.1 percent by mass; (3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished ex- plosive is 0.5 percent by mass; (4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished ex- plosive is 0.5 percent by mass; and (5) any other substance in the concentra- tion 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 for- mulated 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 indi- vidual who has the power to direct the man- agement and policies of the applicant per- taining to explosive materials. Page 196 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 841 1 So in original. Probably should not be capitalized. 2 So in original. The second closing parenthesis probably should not appear. 3 See References in Text note below. (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, 3 (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.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse. Section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a), referred to in subsec. (t), was classified to section 479a of Title 25, Indians, prior to editorial reclassification as section 5130 of Title 25. AMENDMENTS 2010—Subsec. (t). Pub. L. 111–211 added subsec. (t). 2002—Subsec. (d). Pub. L. 107–296, § 1112(e)(3), sub- stituted ‘‘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 fol- lows: ‘‘ ‘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 fol- lows: ‘‘ ‘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 di- rected amendment of par. (5) by substituting ‘‘Attorney General’’ for ‘‘Secretary’’ wherever appearing, was exe- cuted by making the substitution the first place ap- pearing to reflect the probable intent of Congress. Subsecs. (r), (s). Pub. L. 107–296, § 1122(a)(2), added sub- secs. (r) and (s). 1996—Subsecs. (o) to (q). Pub. L. 104–132 added subsecs. (o) to (q). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 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 sec- tion 101 of Title 6, Domestic Security. Amendment by section 1122(a) of Pub. L. 107–296 effec- tive 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 Pub. L. 104–132, title VI, § 607, Apr. 24, 1996, 110 Stat. 1290, provided that: ‘‘Except as otherwise provided in this title [amending this section, sections 842, 844, and 845 of this title, and section 1595a of Title 19, Customs Duties, and enacting provisions set out as a note below], this title and the amendments made by this title shall take effect 1 year after the date of enact- ment of this Act [Apr. 24, 1996].’’ EFFECTIVE DATE Pub. L. 91–452, title XI, § 1105(a), (b), Oct. 15, 1970, 84 Stat. 959, provided that: ‘‘(a) Except as provided in subsection (b), the provi- sions 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 enact- ment 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 Pub. L. 104–132, title VI, § 601, Apr. 24, 1996, 110 Stat. 1287, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) plastic explosives were used by terrorists in the bombings of Pan American Airlines flight number 103 in December 1988 and UTA flight number 722 in Sep- tember 1989; ‘‘(2) plastic explosives can be used with little likeli- hood 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 in- nocent lives in jeopardy, endangers national security, affects domestic tranquility, and gravely affects interstate and foreign commerce; ‘‘(4) the marking of plastic explosives for the pur- pose 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 con- tracting State to adopt appropriate measures to en- sure that plastic explosives are duly marked and con- trolled. ‘‘(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 imple- ment the Convention on the Marking of Plastic Explo- sives for the Purpose of Detection, Done at Montreal on 1 March 1991.’’ MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE MATERIALS Pub. L. 104–132, title VII, § 732, Apr. 24, 1996, 110 Stat. 1303, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 113], Sept. 30, 1996, 110 Stat. 3009, 3009–21; Pub. L. 105–61, title I, Oct. 10, 1997, 111 Stat. 1272, required study by the Secretary of the Treasury of the marking, rendering inert, and licensing of explosive materials not later than 12 months after Apr. 24, 1996, report to Congress on results and recommendations, hearings by Congress to review study results, promul- gation of regulations, and special study on the tagging Page 197 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 842 of smokeless and black powder and report two years after Sept. 30, 1996. CONGRESSIONAL DECLARATION OF PURPOSE Pub. L. 91–452, title XI, § 1101, Oct. 15, 1970, 84 Stat. 952, provided that: ‘‘The Congress hereby declares that the purpose of this title [enacting this chapter amend- ing section 2516 of this title, repealing section 837 of this title and sections 121 to 144 of Title 50, War and Na- tional Defense, and enacting provisions set out as notes under this section] is to protect interstate and foreign commerce against interference and interruption by re- ducing the hazard to persons and property arising from misuse and unsafe or insecure storage of explosive ma- terials. 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 in- dustrial, 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 Pub. L. 91–452, title XI, § 1104, Oct. 15, 1970, 84 Stat. 959, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘Nothing in this title [enact- ing this chapter, amending section 2516 of this title, re- pealing 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, re- lating 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 PER- SON ENGAGED IN BUSINESS OR OPERATION ON OCTO- BER 15, 1970 Pub. L. 91–452, title XI, § 1105(c), Oct. 15, 1970, 84 Stat. 960, provided that: ‘‘Any person (as defined in section 841(a) of title 18, United States Code) engaging in a business or operation requiring a license or permit under the provisions of chapter 40 of such title 18, who was engaged in such business or operation on the date of enactment of this Act [Oct. 15, 1970] and who has filed an application for a license or permit under the provisions of section 843 of such chapter 40 prior to the effective date of such section 843 [see Effective Date note set out above] may continue such business or op- eration pending final action on his application. All pro- visions 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 Pub. L. 91–452, title XI, § 1107, Oct. 15, 1970, 84 Stat. 960, provided that: ‘‘There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this title [enacting this chapter, amending section 2516 of this title, repealing section 837 of this title and sections 121 to 144 of Title 50, War and National Defense, and enacting provisions set as notes under this section].’’ § 842. Unlawful acts (a) It shall be unlawful for any person— (1) to engage in the business of importing, manufacturing, or dealing in explosive mate- rials without a license issued under this chap- ter; (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, in- tended 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 know- ingly— (A) to transport, ship, cause to be trans- ported, or receive any explosive materials; or (B) to distribute explosive materials to any person other than a licensee or per- mittee; or (4) who is a holder of a limited permit— (A) to transport, ship, cause to be trans- ported, or receive in interstate or foreign commerce any explosive materials; or (B) to receive explosive materials from a licensee or permittee, whose premises are lo- cated 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 prem- ises are located within the State of residence of the limited permit holder. (b) It shall be unlawful for any licensee or per- mittee 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 resi- dent 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 dis- tribute 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 explo- sive materials is prohibited or which does not permit its residents to transport or ship explo- sive materials into it or to receive explosive ma- terials in it. (d) It shall be unlawful for any person know- ingly 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 punish- able 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 insti- tution; (7) is an alien, other than an alien who— (A) is lawfully admitted for permanent res- idence (as defined in section 101(a)(20) of the Immigration and Nationality Act);