18 U.S.C. § 842 — Unlawful acts

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); Page 198 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 842 1 So in original. Probably should be ‘‘Attorney General’’. 2 So in original. Probably should be followed by ‘‘or’’. (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 deter- mined 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 mate- rials 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, pos- session, 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 for- eign military force, as determined by the At- torney General in consultation with the Sec- retary of Defense, who is present in the United States under military orders for training or other military purpose author- ized by the United States and the shipping, transporting, possession, or receipt of explo- sive materials is in furtherance of the au- thorized military purpose; or (D) is lawfully present in the United States in cooperation with the Director of Central Intelligence, and the shipment, transpor- tation, receipt, or possession of the explosive materials is in furtherance of such coopera- tion; (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 know- ingly to distribute any explosive materials to any person in any State where the purchase, possession, or use by such person of such explo- sive 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 per- mittee willfully to manufacture, import, pur- chase, 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 ex- plosive materials are distributed to a corpora- tion 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 per- son acting as agent of the corporation or other business entity in arranging the distribution. (g) It shall be unlawful for any licensee or per- mittee knowingly to make any false entry in any record which he is required to keep pursu- ant to this section or regulations promulgated under section 847 of this title. (h) It shall be unlawful for any person to re- ceive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as se- curity for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or trans- ported 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 pun- ishable 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 de- fective or who has been committed to a men- tal institution; (5) who is an alien, other than an alien who— (A) is lawfully admitted for permanent res- idence (as that term is defined in section 101(a)(20) of the Immigration and Nation- ality 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 deter- mined 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 mate- rials 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, pos- session, 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 for- eign military force, as determined by the At- torney General in consultation with the Sec- retary of Defense, who is present in the United States under military orders for training or other military purpose author- ized by the United States and the shipping, transporting, possession, or receipt of explo- sive materials is in furtherance of the au- thorized military purpose; or (D) is lawfully present in the United States in cooperation with the Director of Central Intelligence, and the shipment, transpor- tation, receipt, or possession of the explosive materials is in furtherance of such coopera- tion; Page 199 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 842 3 So in original. Probably should be followed by a semicolon. (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 con- formity with regulations promulgated by the Attorney General. In promulgating such regula- tions, the Attorney General shall take into con- sideration the class, type, and quantity of explo- sive materials to be stored, as well as the stand- ards of safety and security recognized in the ex- plosives 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 dis- covery thereof, to the Attorney General and to appropriate local authorities. (l) It shall be unlawful for any person to manu- facture any plastic explosive that does not con- tain a detection agent. (m)(1) It shall be unlawful for any person to import or bring into the United States, or ex- port from the United States, any plastic explo- sive that does not contain a detection agent. (2) This subsection does not apply to the im- portation 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 (includ- ing 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 Plas- tic Explosives, with respect to the United States. (n)(1) It shall be unlawful for any person to ship, transport, transfer, receive, or possess any plastic explosive that does not contain a detec- tion 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 manu- factured 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 manu- factured in the United States prior to the date of enactment of this subsection by or on be- half of any agency of the United States per- forming a military or police function (includ- ing 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 Na- tional Guard of any State, possessing any plas- tic explosive on the date of enactment of this subsection, to fail to report to the Attorney General within 120 days after such date of enact- ment 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 pre- scribe by regulation. (p) DISTRIBUTION OF INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAP- ONS 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 dis- tribute by any means information per- taining to, in whole or in part, the manufac- ture or use of an explosive, destructive de- vice, 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 destruc- tive 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 ex- plosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, 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.) Editorial Notes 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. Page 200 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 842 The date of enactment of this subsection, referred to in subsecs. (m)(2), (n)(2), and (o), is the date of enact- ment 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 Organi- zation (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 mili- tary purpose authorized by the United States, and the shipping, transporting, possession, or receipt of explo- sive materials is in furtherance of the military pur- pose; or ‘‘(iv) is lawfully present in the United States in co- operation with the Director of Central Intelligence, and the shipment, transportation, receipt, or possession of the explosive materials is in furtherance of such co- operation;’’. 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 Organi- zation (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 mili- tary purpose authorized by the United States, and the shipping, transporting, possession, or receipt of explo- sive materials is in furtherance of the military pur- pose; or ‘‘(iv) is lawfully present in the United States in co- operation with the Director of Central Intelligence, and the shipment, transportation, receipt, or possession of the explosive materials is in furtherance of such co- operation;’’. 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 per- mittee knowingly— ‘‘(A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explo- sive materials, except that a person who lawfully pur- chases explosive materials from a licensee in a State contiguous to the State in which the purchaser re- sides may ship, transport, or cause to be transported such explosive materials to the State in which he re- sides 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 dis- tributor 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 fol- lows: ‘‘It shall be unlawful for any licensee knowingly to distribute any explosive materials to any person ex- cept— ‘‘(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 busi- ness 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 con- cluding 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), sub- stituted ‘‘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 sub- sec. (h) generally. Prior to amendment, subsec. (h) read as follows: ‘‘It shall be unlawful for any person to re- ceive, conceal, transport, ship, store, barter, sell, or dispose of any explosive materials knowing or having reasonable cause to believe that such explosive mate- rials 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 provi- sions. Subsec. (i). Pub. L. 103–322, § 110508, inserted ‘‘or pos- sess’’ after ‘‘receive’’ in concluding provisions. 1990—Subsec. (d)(5). Pub. L. 101–647, § 3521(1), sub- stituted ‘‘; 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 Inter- nal 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 fol- lows: ‘‘who is an unlawful user of or addicted to mari- huana (as defined in section 4761 of the Internal Rev- enue 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 sec- tion 4731(a) of the Internal Revenue Code of 1954); or’’. Statutory Notes and Related Subsidiaries 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 com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 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 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 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. Page 201 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 843 1 So in original. Probably should be ‘‘Attorney General’’. 2 So in original. Probably should be ‘‘Attorney General’s’’. § 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 infor- mation regarding all employees who will be au- thorized by the applicant to possess explosive materials, as well as fingerprints and a photo- graph 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 per- mit shall be renewable upon the same conditions and subject to the same restrictions as the origi- nal license or permit, and upon payment of a re- newal 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 appli- cant) is not a person described in section 842(i); (2) the applicant has not willfully violated any of the provisions of this chapter or regula- tions issued hereunder; (3) the applicant has in a State premises from which he conducts or intends to conduct business; (4)(A) the Secretary 1 verifies by inspection or, if the application is for an original limited permit or the first or second renewal of such a permit, by such other means as the Secretary 1 determines appropriate, that the applicant has a place of storage for explosive materials which meets such standards of public safety and security against theft as the Attorney General by regulations shall prescribe; and (B) subparagraph (A) shall not apply to an applicant for the renewal of a limited permit if the Secretary 1 has verified, by inspection within the preceding 3 years, the matters de- scribed in subparagraph (A) with respect to the applicant; and (5) the applicant has demonstrated and cer- tified in writing that he is familiar with all published State laws and local ordinances re- lating 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 pos- sess explosive materials is any person de- scribed in section 842(i); and (7) in the case of a limited permit, the appli- cant has certified in writing that the appli- cant will not receive explosive materials on more than 6 separate occasions during the 12- month period for which the limited permit is valid. (c) The Attorney General shall approve or deny an application within a period of 90 days for licenses and permits, beginning on the date such application is received by the Attorney General. (d) The Attorney General may revoke any li- cense or permit issued under this section if in the opinion of the Attorney General the holder thereof has violated any provision of this chap- ter or any rule or regulation prescribed by the Attorney General under this chapter, or has be- come 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 re- ceive a written notice from the Attorney Gen- eral 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 applica- tion 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 At- torney General may upon a request of the holder stay the effective date of the revocation. A hear- ing under this section shall be at a location con- venient 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 Sec- retary’s 2 written decision, file a petition with the United States court of appeals for the dis- trict in which he resides or has his principal place of business for a judicial review of such de- nial or revocation, pursuant to sections 701–706 of title 5, United States Code. (f) Licensees and holders of user permits shall make available for inspection at all reasonable times their records kept pursuant to this chap- ter or the regulations issued hereunder, and li- censees and permittees shall submit to the At- torney 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 per-