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.
1 So in original. Probably should be "Attorney General".
2 So in original. Probably should be followed by "or".
3 So in original. Probably should be followed by a semicolon.
18 U.S.C. § 842
EDITORIAL NOTES
REFERENCES IN TEXTSection 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.
AMENDMENTS2003-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 Organization (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 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;". 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 Organization (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 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;".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 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, §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, §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 concluding 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), substituted "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 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, §603, added subsecs. (l) to (o).1994-Subsec. (d). Pub. L. 103-322, §110516, substituted "any person" for "any licensee" in introductory provisions.Subsec. (i). Pub. L. 103-322, §110508, inserted "or possess" after "receive" in concluding provisions. 1990-Subsec. (d)(5). Pub. L. 101-647, §3521(1), substituted "; 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 Internal 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 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".
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAMEReference 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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. 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 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.
- Alien
- "Alien" means any person who is not a citizen or national of the United States.
- Attorney General
- "Attorney General" means the Attorney General of the United States.
- Convention on the Marking of Plastic Explosives
- "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.
- Detection agent
- "Detection agent" means any one of the substances specified in this subsection when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including-(1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2, molecular weight 152, when the minimum concentration in the finished explosive 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 explosive is 0.1 percent by mass;(3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass;(4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; and(5) any other substance in the concentration 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.
- Distribute
- "Distribute" means sell, issue, give, transfer, or otherwise dispose of.
- Explosive materials
- "Explosive materials" means explosives, blasting agents, and detonators.
- Importer
- "Importer" means any person engaged in the business of importing or bringing explosive materials into the United States for purposes of sale or distribution.
- Licensee
- "Licensee" means any importer, manufacturer, or dealer licensed under the provisions of this chapter.
- Manufacturer
- "Manufacturer" means any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use.
- Permittee
- "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.
- Person
- "Person" means any individual, corporation, company, association, firm, partnership, society, or joint stock company.
- Plastic explosive
- "Plastic explosive" means an explosive material in flexible or elastic sheet form formulated 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.