§845 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

The chapter does not apply in several specific situations, except for some parts of sections 842 and 844. It does not cover safety and security rules for moving explosives that the Department of Transportation or Department of Homeland Security regulate. It does not apply to explosives used as medicines listed in the official U.S. pharmacopeias. It does not cover explosives shipped to federal, state, or local government agencies. It excludes small arms ammunition and parts. It allows commercially made black powder (up to 50 pounds) and related caps, fuses, and matches when used only for sporting, recreational, or cultural uses in antique firearms or exempt antique devices. It also excludes explosives made under military rules for use, storage, or distribution by the U.S. military or its facilities, and display fireworks sent to a federally recognized Indian tribe. A person barred under section 842(i) from shipping, transporting, receiving, or possessing explosives can ask the Attorney General to remove that bar. The Attorney General may grant relief if the person’s record and the situation show they are unlikely to be dangerous and relief is not against the public interest. If a license or permit holder applies for relief because of an indictment or conviction carrying more than one year in prison, they may continue operating under the license while the request is decided. In prosecutions about certain plastic explosives, a person can defend themselves by proving, by more likely than not, that the plastic explosive was a small amount used only for lawful research, testing, detection training, or forensic work, or that it was or would be, within 3 years after the Antiterrorism and Effective Death Penalty Act of 1996, part of a military device that stays part of that device or is intended for U.S. military or police use. A “military device” includes items such as shells, bombs, missiles, grenades, and similar devices made for military or police purposes.

Title 18, §845

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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 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 of the United States Code, or in antique devices as exempted from the term “destructive 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 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Antiterrorism and Effective 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), substituted “subsection (l),” for “subsections (l),” in introductory 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 appearing. 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 materials via railroad, water, highway, or air which are regulated by the United States Department of Transportation and agencies thereof, and which pertain to safety;”. 2002—Subsec. (b). Pub. L. 107–296, § 1126, amended subsec. (b) generally. Prior to amendment, text read as follows: “A person who had been indicted for or convicted of a crime punishable by imprisonment for a term exceeding one year may make application to the Attorney General for relief from the disabilities imposed by this chapter with respect to engaging in the business of importing, manufacturing, or dealing in explosive materials, or the purchase of explosive materials, and incurred by reason of such indictment or conviction, and the Attorney General may grant such relief if it is established to his satisfaction that the circumstances regarding the indictment or conviction, 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 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 indictment or conviction, shall not be barred by such indictment or conviction from further operations under his license or permit pending final action on an application 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 provisions exempting commercially manufactured black powder in quantities not exceeding 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 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 AmendmentAmendment 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, Domestic Security.

Effective Date

of 1996 AmendmentAmendment 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.

§845 Exceptions; relief from disabilities

Summary

Title 18, §845

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata