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

(a)

losection 844 of this title Except in the case of subsection (), (m), (n), or () of section 842 and subsections (d), (e), (f), (g), (h), and (i) of , 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)

section 921(a)(16) of title 18 section 921(a)(4) of title 18 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 of the United States Code, or in antique devices as exempted from the term “destructive device” in of the United States Code;

(6)

1 So in original. Probably should be followed by a semicolon.

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  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)

lo It is an affirmative defense against any proceeding involving subsections () through () 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.

Pub. L. 91–452, title XI, § 1102(a)Oct. 15, 197084 Stat. 958 Pub. L. 93–639, § 101Jan. 4, 197588 Stat. 2217 Pub. L. 104–132, title VI, § 605Apr. 24, 1996110 Stat. 1289 Pub. L. 107–296, title XINov. 25, 2002116 Stat. 2276 Pub. L. 109–59, title VII, § 7127Aug. 10, 2005119 Stat. 1909 Pub. L. 111–211, title II, § 236(a)July 29, 2010124 Stat. 2286(Added , , ; amended , , ; , , ; , §§ 1112(e)(3), 1126, , , 2285; , , ; , (c), , .)

Editorial Notes

References in Text

Pub. L. 104–132Apr. 24, 1996The 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 , which was approved .

Amendments

Pub. L. 111–211, § 236(c)(1)ll2010—Subsec. (a). , substituted “subsection (),” for “subsections (),” in introductory provisions.

Pub. L. 111–211, § 236(a)Subsec. (a)(7). , added par. (7).

Pub. L. 111–211, § 236(c)(2)Subsec. (b). , substituted “Attorney General” for “Secretary” wherever appearing.

Pub. L. 109–592005—Subsec. (a)(1). 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;”.

Pub. L. 107–296, § 11262002—Subsec. (b). , 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.

Pub. L. 104–132, § 605(1)lo1996—Subsec. (a). , inserted “(), (m), (n), or () of section 842 and subsections” after “subsections” in introductory provisions and “, and which pertain to safety” before semicolon at end of par. (1).

Pub. L. 104–132, § 605(2)Subsec. (c). , added subsec. (c).

Pub. L. 93–6391975—Subsec. (a)(5). 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 Amendment

Pub. L. 107–296Nov. 25, 2002section 4 of Pub. L. 107–296 section 101 of Title 6Amendment by effective 60 days after , see , set out as an Effective Date note under , Domestic Security.

Effective Date of 1996 Amendment

Pub. L. 104–132Apr. 24, 1996section 607 of Pub. L. 104–132 section 841 of this titleAmendment by effective 1 year after , see , set out as a note under .