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18 U.S.C. § 845Exceptions; relief from disabilities

submitted 56 years ago by Pub. L. 91-452 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 677 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lists explosives-related activities that this chapter generally does not cover and allows some people prohibited from possessing explosives to seek relief. It also provides an affirmative defense for limited lawful uses of plastic explosives and defines “military device” for that defense.

(a) Except for section 842(l), (m), (n), and (o), and section 844(d), (e), (f), (g), (h), and (i), this chapter does not apply to: (1) safety-related, including security-related, parts of transporting explosives by railroad, water, highway, or air that the Department of Transportation or Department of Homeland Security regulates; (2) using explosives in medicines or medicinal agents in forms prescribed by the official United States Pharmacopeia or National Formulary; (3) transporting, shipping, receiving, or importing explosives for delivery to a United States agency, a State, or a State political subdivision; (4) small-arms ammunition and its components; (5) up to 50 pounds of commercially made black powder, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended only for sporting, recreational, or cultural use in antique firearms defined in title 18, section 921(a)(16), or antique devices excluded from “destructive device” in title 18, section 921(a)(4); (6) a United States military department’s regulated manufacture of explosives for, or distribution, storage, or possession by, the military or naval services or other United States agencies, or for arsenals, navy yards, depots, and other United States-owned or operated establishments; and (7) transporting, shipping, receiving, or importing display-fireworks materials for delivery to a federally recognized Indian tribe or tribal agency. (b)(1) A person prohibited by section 842(i) from shipping, transporting, receiving, or possessing an explosive may apply to the Attorney General for relief. (b)(2) The Attorney General may grant relief if the circumstances making section 842(i) applicable, and the applicant’s record and reputation, show that the applicant is unlikely to act dangerously to public safety and that relief would not conflict with the public interest. (b)(3) A licensee or permittee seeking relief from a disability caused by an indictment for, or conviction of, a crime punishable by more than 1 year in prison may continue operating under the license or permit while the application is pending final action. (c) In a proceeding involving section 842(l) through (o), it is an affirmative defense if the person proves by a preponderance of the evidence that the plastic explosive either (1) was a small amount used only lawfully for (A) research, development, or testing of new or changed explosives; (B) explosives-detection training or development or testing of detection equipment; or (C) forensic science; or (2) within 3 years after enactment of the Antiterrorism and Effective Death Penalty Act of 1996 was, or would be, incorporated into a military device in the United States and remained an integral part of it, or was intended to be or was incorporated into a military device that was intended to become or had become the property of a United States agency performing military or police functions, including a military reserve component, or a State National Guard, wherever the device was located. (c)(3) For this subsection, “military device” includes, but is not limited to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully made only for military or police purposes.
the actual law source: uscode.house.gov ↗public domain
(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 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 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-452 · 84 Stat. 958
  • 1975Amended · Pub. L. 93-639 · 88 Stat. 2217
  • 1996Amended · Pub. L. 104-132 · 110 Stat. 1289
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2276, 2285
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1909
  • 2010Amended · Pub. L. 111-211 · 124 Stat. 2286

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-452 on 1970-10-15.

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