§ 842. — Unlawful acts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC842]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 40--IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
EXPLOSIVE MATERIALS
Sec. 842. Unlawful acts
(a) It shall be unlawful for any person--
(1) to engage in the business of importing, manufacturing, or
dealing in explosive materials without a license issued under this
chapter;
(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, intended 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 knowingly--
(A) to transport, ship, cause to be transported, or receive
any explosive materials; or
(B) to distribute explosive materials to any person other
than a licensee or permittee; or
(4) who is a holder of a limited permit--
(A) to transport, ship, cause to be transported, or receive
in interstate or foreign commerce any explosive materials; or
(B) to receive explosive materials from a licensee or
permittee, whose premises are located 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
premises are located within the State of residence of the
limited permit holder.
(b) It shall be unlawful for any licensee or permittee 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 resident 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 distribute 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 explosive materials is prohibited or which does
not permit its residents to transport or ship explosive materials into
it or to receive explosive materials in it.
(d) It shall be unlawful for any person knowingly 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 punishable 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 institution;
(7) is an alien, other than an alien who--
(A) is lawfully admitted for permanent residence (as defined
in section 101(a)(20) of the Immigration and Nationality Act);
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 determined 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
materials is in furtherance of this official law enforcement
business;
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\1\ So in original. Probably should be ``Attorney General''.
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(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, possession, or
receipt of explosive materials is in furtherance of such
power;
(iii) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military
force, as determined by the Secretary \1\ 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 military purpose
authorized by the United States, and the shipping,
transporting, possession, or receipt of explosive materials
is in furtherance of the military purpose; or
(iv) is lawfully present in the United States in
cooperation with the Director of Central Intelligence, and
the shipment, transportation, receipt, or possession of the
explosive materials is in furtherance of such cooperation;
(8) has been discharged from the armed forces under dishonorable
conditions; \2\
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\2\ So in original. Probably should be followed by ``or''.
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(9) having been a citizen of the United States, has renounced
the citizenship of that person.
(e) It shall be unlawful for any licensee knowingly to distribute
any explosive materials to any person in any State where the purchase,
possession, or use by such person of such explosive 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 permittee willfully to
manufacture, import, purchase, 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 explosive
materials are distributed to a corporation 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 person acting as agent of the corporation or other
business entity in arranging the distribution.
(g) It shall be unlawful for any licensee or permittee knowingly to
make any false entry in any record which he is required to keep pursuant
to this section or regulations promulgated under section 847 of this
title.
(h) It shall be unlawful for any person to receive, possess,
transport, ship, conceal, store, barter, sell, dispose of, or pledge or
accept as security for a loan, any stolen explosive materials which are
moving as, which are part of, which constitute, or which have been
shipped or transported 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 punishable 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 defective or who has
been committed to a mental institution;
(5) who is an alien, other than an alien who--
(A) is lawfully admitted for permanent residence (as that
term is defined in section 101(a)(20) of the Immigration and
Nationality Act); 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 determined 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
materials is in furtherance of this official law enforcement
business;
(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, possession, or
receipt of explosive materials is in furtherance of such
power;
(iii) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military
force, as determined by the Secretary \1\ 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 military purpose
authorized by the United States, and the shipping,
transporting, possession, or receipt of explosive materials
is in furtherance of the military purpose; or
(iv) is lawfully present in the United States in
cooperation with the Director of Central Intelligence, and
the shipment, transportation, receipt, or possession of the
explosive materials is in furtherance of such cooperation;
(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\
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\3\ So in original. Probably should be followed by a semicolon.
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 conformity with regulations promulgated by
the Attorney General. In promulgating such regulations, the Attorney
General shall take into consideration the class, type, and quantity of
explosive materials to be stored, as well as the standards of safety and
security recognized in the explosives 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 discovery thereof,
to the Attorney General and to appropriate local authorities.
(l) It shall be unlawful for any person to manufacture any plastic
explosive that does not contain a detection agent.
(m)(1) It shall be unlawful for any person to import or bring into
the United States, or export from the United States, any plastic
explosive that does not contain a detection agent.
(2) This subsection does not apply to the importation 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 (including 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.
(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive that does not
contain a detection 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 manufactured 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 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 a military or police function (including
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 National
Guard of any State, possessing any plastic explosive on the date of
enactment of this subsection, to fail to report to the Attorney General
within 120 days after such date of enactment 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 prescribe by regulation.
(p) Distribution of Information Relating to Explosives, Destructive
Devices, and Weapons 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 distribute by any means information
pertaining to, in whole or in part, the manufacture or use of an
explosive, destructive device, 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 destructive 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 explosive, 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, Sec. 1102(a), Oct. 15, 1970, 84 Stat.
953; amended Pub. L. 100-690, title VI, Sec. 6474(c), (d), Nov. 18,
1988, 102 Stat. 4380; Pub. L. 101-647, title XXXV, Sec. 3521, Nov. 29,
1990, 104 Stat. 4923; Pub. L. 103-322, title XI, Secs. 110508, 110516,
Sept. 13, 1994, 108 Stat. 2018, 2020; Pub. L. 104-132, title VI,
Sec. 603, title VII, Sec. 707, Apr. 24, 1996, 110 Stat. 1289, 1296; Pub.
L. 106-54, Sec. 2(a), Aug. 17, 1999, 113 Stat. 398; Pub. L. 107-296,
title XI, Secs. 1112(e)(3), 1122(b), 1123, Nov. 25, 2002, 116 Stat.
2276, 2280, 2283.)
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.
The date of enactment of this subsection, referred to in subsecs.
(m)(2), (n)(2), and (o), is the date of enactment of Pub. L. 104-132,
which was approved Apr. 24, 1996.
Amendments
2002--Subsec. (a)(3), (4). Pub. L. 107-296, Sec. 1122(b)(1), (2),
added pars. (3) and (4) and struck out former par. (3) which read as
follows: ``other than a licensee or permittee knowingly--
``(A) to transport, ship, cause to be transported, or receive in
interstate or foreign commerce any explosive materials, except that
a person who lawfully purchases explosive materials from a licensee
in a State contiguous to the State in which the purchaser resides
may ship, transport, or cause to be transported such explosive
materials to the State in which he resides 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 distributor knows or has
reasonable cause to believe does not reside in the State in which
the distributor resides.''
Subsec. (b). Pub. L. 107-296, Sec. 1122(b)(3), added subsec. (b) and
struck out former subsec. (b) which read as follows: ``It shall be
unlawful for any licensee knowingly to distribute any explosive
materials to any person except--
``(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 business 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, Sec. 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, Sec. 1123(a)(1), (3), added
pars. (7) to (9).
Subsec. (f). Pub. L. 107-296, Sec. 1112(e)(3), substituted
``Attorney General'' for ``Secretary''.
Subsec. (i). Pub. L. 107-296, Sec. 1123(b)(3), inserted ``or
affecting'' before ``interstate'' in two places in concluding
provisions.
Subsec. (i)(5) to (7). Pub. L. 107-296, Sec. 1123(b)(1), (2), added
pars. (5) to (7).
Subsecs. (j), (k), (o). Pub. L. 107-296, Sec. 1112(e)(3),
substituted ``Attorney General'' for ``Secretary'' wherever appearing.
1999--Subsec. (p). Pub. L. 106-54 added subsec. (p).
1996--Subsec. (h). Pub. L. 104-132, Sec. 707, amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: ``It shall
be unlawful for any person to receive, conceal, transport, ship, store,
barter, sell, or dispose of any explosive materials knowing or having
reasonable cause to believe that such explosive materials were stolen.''
Subsecs. (l) to (o). Pub. L. 104-132, Sec. 603, added subsecs. (l)
to (o).
1994--Subsec. (d). Pub. L. 103-322, Sec. 110516, substituted ``any
person'' for ``any licensee'' in introductory provisions.
Subsec. (i). Pub. L. 103-322, Sec. 110508, inserted ``or possess''
after ``receive'' in concluding provisions.
1990--Subsec. (d)(5). Pub. L. 101-647, Sec. 3521(1), substituted ``;
or'' for a period.
Subsec. (i)(3). Pub. L. 101-647, Sec. 3521(2), substituted ``; or''
for a period.
1988--Subsec. (d)(5). Pub. L. 100-690, Sec. 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 Internal Revenue Code of
1954); or''.
Subsec. (i)(3). Pub. L. 100-690, Sec. 6474(d), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``who is an
unlawful user of or addicted to 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 4731(a) of the Internal
Revenue Code of 1954); or''.
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 effective 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.
Section Referred to in Other Sections
This section is referred to in sections 843, 844, 845, 981, 982,
2332b, 2339A of this title; title 8 section 1101.
