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 ‘‘personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this sub- section,’’ for ‘‘personal injury results’’ and ‘‘death re- sults to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection,’’ for ‘‘death re- sults’’. 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’’. Statutory Notes and Related Subsidiaries 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, Do- mestic 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 Pub. L. 103–322, title XXXII, § 320917(b), Sept. 13, 1994, 108 Stat. 2129, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall not apply to any offense described in the amendment that was committed more than 5 years prior to the date of en- actment 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 Transpor- tation or the Department of Homeland Secu- rity; (2) the use of explosive materials in medi- cines and medicinal agents in the forms pre- scribed by the official United States Pharma- copeia, or the National Formulary; (3) the transportation, shipment, receipt, or importation of explosive materials for deliv- ery 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 pow- der 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 sport- ing, recreational, or cultural purposes in an- tique firearms as defined in section 921(a)(16) of title 18 of the United States Code, or in an- tique devices as exempted from the term ‘‘de- structive 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 distribu- tion to or storage or possession by the mili- tary or naval services or other agencies of the United States; or to arsenals, navy yards, de- pots, or other establishments owned by, or op- erated 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 ship- ping, transporting, receiving, or possessing any explosive under section 842(i) may apply to the Attorney General for relief from such prohibi- tion. (2) The Attorney General may grant the relief requested under paragraph (1) if the Attorney General determines that the circumstances re- garding 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 re- lief, under this subsection, from the disabilities incurred under this chapter as a result of an in- dictment for or conviction of a crime punishable by imprisonment for a term exceeding 1 year shall not be barred by such disability from fur- ther 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 pre- ponderance of the evidence that the plastic ex- plosive— Page 207 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 846 (1) consisted of a small amount of plastic ex- plosive intended for and utilized solely in law- ful— (A) research, development, or testing of new or modified explosive materials; (B) training in explosives detection or de- velopment 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 mili- tary device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is in- corporated 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 po- lice 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 re- stricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully man- ufactured 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.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Antiterrorism and Ef- fective 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), sub- stituted ‘‘subsection (l),’’ for ‘‘subsections (l),’’ in intro- ductory 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 appear- ing. 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 mate- rials via railroad, water, highway, or air which are reg- ulated by the United States Department of Transpor- tation and agencies thereof, and which pertain to safe- ty;’’. 2002—Subsec. (b). Pub. L. 107–296, § 1126, amended sub- sec. (b) generally. Prior to amendment, text read as fol- lows: ‘‘A person who had been indicted for or convicted of a crime punishable by imprisonment for a term ex- ceeding one year may make application to the Attor- ney General for relief from the disabilities imposed by this chapter with respect to engaging in the business of importing, manufacturing, or dealing in explosive ma- terials, or the purchase of explosive materials, and in- curred by reason of such indictment or conviction, and the Attorney General may grant such relief if it is es- tablished to his satisfaction that the circumstances re- garding the indictment or conviction, and the appli- cant’s record and reputation, are such that the appli- cant 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 in- dictment or conviction, shall not be barred by such in- dictment or conviction from further operations under his license or permit pending final action on an appli- cation 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 provi- sions exempting commercially manufactured black powder in quantities not exceeding fifty pounds, per- cussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural pur- poses in antique firearms or in antique devices for such exemption of black powder in quantities not exceeding five pounds. Statutory Notes and Related Subsidiaries 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, Do- mestic 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. § 846. Additional powers of the Attorney General (a) The Attorney General is authorized to in- spect the site of any accident, or fire, in which there is reason to believe that explosive mate- rials were involved, in order that if any such in- cident 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 At- torney 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 unau- thorized 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 Explosives, shall have authority to conduct in- vestigations with respect to violations of sub- section (d), (e), (f), (g), (h), or (i) of section 844 of this title. (b) The Attorney General is authorized to es- tablish a national repository of information on incidents involving arson and the suspected criminal misuse of explosives. All Federal agen- cies having information concerning such inci- dents shall report the information to the Attor-