18 USC 843 Licenses and User Permits

§ 843

TITLE 18—CRIMES AND CRIMINAL PROCEDURE
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.

§ 843. Licenses and user permits
(a) An application for a user permit or limited
permit or a license to import, manufacture, or
deal in explosive materials shall be in such form
and contain such information as the Attorney
General shall by regulation prescribe, including
the names of and appropriate identifying information regarding all employees who will be authorized by the applicant to possess explosive
materials, as well as fingerprints and a photograph of each responsible person. Each applicant
for a license or permit shall pay a fee to be
charged as set by the Attorney General, said fee
not to exceed $50 for a limited permit and $200
for any other license or permit. Each license or
user permit shall be valid for not longer than 3
years from the date of issuance and each limited
permit shall be valid for not longer than 1 year
from the date of issuance. Each license or permit shall be renewable upon the same conditions
and subject to the same restrictions as the original license or permit, and upon payment of a renewal fee not to exceed one-half of the original
fee.
(b) Upon the filing of a proper application and
payment of the prescribed fee, and subject to the
provisions of this chapter and other applicable
laws, the Attorney General shall issue to such
applicant the appropriate license or permit if—
(1) the applicant (or, if the applicant is a
corporation, partnership, or association, each
responsible person with respect to the applicant) is not a person described in section
842(i);
(2) the applicant has not willfully violated
any of the provisions of this chapter or regulations issued hereunder;
(3) the applicant has in a State premises
from which he conducts or intends to conduct
business;
(4)(A) the Secretary 1 verifies by inspection
or, if the application is for an original limited
permit or the first or second renewal of such a
permit, by such other means as the Secretary 1
determines appropriate, that the applicant has
a place of storage for explosive materials
which meets such standards of public safety
and security against theft as the Attorney
General by regulations shall prescribe; and
(B) subparagraph (A) shall not apply to an
applicant for the renewal of a limited permit
if the Secretary 1 has verified, by inspection
within the preceding 3 years, the matters described in subparagraph (A) with respect to
the applicant; and
(5) the applicant has demonstrated and certified in writing that he is familiar with all
published State laws and local ordinances relating to explosive materials for the location
in which he intends to do business;
(6) none of the employees of the applicant
who will be authorized by the applicant to possess explosive materials is any person described in section 842(i); and
1 So

in original. Probably should be ‘‘Attorney General’’.

Page 192

(7) in the case of a limited permit, the applicant has certified in writing that the applicant will not receive explosive materials on
more than 6 separate occasions during the 12month period for which the limited permit is
valid.
(c) The Attorney General shall approve or
deny an application within a period of 90 days
for licenses and permits, beginning on the date
such application is received by the Attorney
General.
(d) The Attorney General may revoke any license or permit issued under this section if in
the opinion of the Attorney General the holder
thereof has violated any provision of this chapter or any rule or regulation prescribed by the
Attorney General under this chapter, or has become ineligible to acquire explosive materials
under section 842(d). The Secretary’s 2 action
under this subsection may be reviewed only as
provided in subsection (e)(2) of this section.
(e)(1) Any person whose application is denied
or whose license or permit is revoked shall receive a written notice from the Attorney General stating the specific grounds upon which
such denial or revocation is based. Any notice of
a revocation of a license or permit shall be given
to the holder of such license or permit prior to
or concurrently with the effective date of the
revocation.
(2) If the Attorney General denies an application for, or revokes a license, or permit, he
shall, upon request by the aggrieved party,
promptly hold a hearing to review his denial or
revocation. In the case of a revocation, the Attorney General may upon a request of the holder
stay the effective date of the revocation. A hearing under this section shall be at a location convenient to the aggrieved party. The Attorney
General shall give written notice of his decision
to the aggrieved party within a reasonable time
after the hearing. The aggrieved party may,
within sixty days after receipt of the Secretary’s 2 written decision, file a petition with
the United States court of appeals for the district in which he resides or has his principal
place of business for a judicial review of such denial or revocation, pursuant to sections 701–706
of title 5, United States Code.
(f) Licensees and holders of user permits shall
make available for inspection at all reasonable
times their records kept pursuant to this chapter or the regulations issued hereunder, and licensees and permittees shall submit to the Attorney General such reports and information
with respect to such records and the contents
thereof as he shall by regulations prescribe. The
Attorney General may enter during business
hours the premises (including places of storage)
of any licensee or holder of a user permit, for
the purpose of inspecting or examining (1) any
records or documents required to be kept by
such licensee or permittee, under the provisions
of this chapter or regulations issued hereunder,
and (2) any explosive materials kept or stored by
such licensee or permittee at such premises.
Upon the request of any State or any political
subdivision thereof, the Attorney General may
2 So

in original. Probably should be ‘‘Attorney General’s’’.

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

make available to such State or any political
subdivision thereof, any information which he
may obtain by reason of the provisions of this
chapter with respect to the identification of persons within such State or political subdivision
thereof, who have purchased or received explosive materials, together with a description of
such explosive materials. The Secretary 1 may
inspect the places of storage for explosive materials of an applicant for a limited permit or, at
the time of renewal of such permit, a holder of
a limited permit, only as provided in subsection
(b)(4).
(g) Licenses and user permits issued under the
provisions of subsection (b) of this section shall
be kept posted and kept available for inspection
on the premises covered by the license and permit.
(h)(1) If the Secretary 1 receives, from an employer, the name and other identifying information of a responsible person or an employee who
will be authorized by the employer to possess
explosive materials in the course of employment
with the employer, the Secretary 1 shall determine whether the responsible person or employee is one of the persons described in any
paragraph of section 842(i). In making the determination, the Secretary 1 may take into account
a letter or document issued under paragraph (2).
(2)(A) If the Secretary 1 determines that the
responsible person or the employee is not one of
the persons described in any paragraph of section 842(i), the Secretary 1 shall notify the employer in writing or electronically of the determination and issue, to the responsible person or
employee, a letter of clearance, which confirms
the determination.
(B) If the Secretary 1 determines that the responsible person or employee is one of the persons described in any paragraph of section 842(i),
the Secretary 1 shall notify the employer in
writing or electronically of the determination
and issue to the responsible person or the employee, as the case may be, a document that—
(i) confirms the determination;
(ii) explains the grounds for the determination;
(iii) provides information on how the disability may be relieved; and
(iv) explains how the determination may be
appealed.
(i) FURNISHING OF SAMPLES.—
(1) IN GENERAL.—Licensed manufacturers
and licensed importers and persons who manufacture or import explosive materials or ammonium nitrate shall, when required by letter
issued by the Secretary,1 furnish—
(A) samples of such explosive materials or
ammonium nitrate;
(B) information on chemical composition
of those products; and
(C) any other information that the Secretary 1 determines is relevant to the identification of the explosive materials or to
identification of the ammonium nitrate.
Secretary 1

shall,
(2) REIMBURSEMENT.—The
by regulation, authorize reimbursement of the
fair market value of samples furnished pursuant to this subsection, as well as the reasonable costs of shipment.

§ 843

(Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15,
1970, 84 Stat. 955; amended Pub. L. 107–296, title
XI, §§ 1112(e)(3), 1122(c)–(h), 1124, Nov. 25, 2002, 116
Stat. 2276, 2281, 2282, 2285.)
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–296, § 1122(c), in first sentence, inserted ‘‘or limited permit’’ after ‘‘user permit’’
and inserted before period at end ‘‘, including the
names of and appropriate identifying information regarding all employees who will be authorized by the applicant to possess explosive materials, as well as fingerprints and a photograph of each responsible person’’, in
second sentence, substituted ‘‘$50 for a limited permit
and $200 for any other’’ for ‘‘$200 for each’’, inserted
third and fourth sentences, and struck out former third
sentence which read as follows: ‘‘Each license or permit
shall be valid for no longer than three years from date
of issuance and shall be renewable upon the same conditions and subject to the same restrictions as the
original license or permit and upon payment of a renewal fee not to exceed one-half of the original fee.’’
Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attorney
General’’ for ‘‘Secretary’’ in two places.
Subsec. (b). Pub. L. 107–296, § 1112(e)(3), substituted
‘‘Attorney General’’ for ‘‘Secretary’’ in introductory
provisions.
Subsec. (b)(1). Pub. L. 107–296, § 1122(d)(1), added par.
(1) and struck out former par. (1) which read as follows:
‘‘the applicant (including in the case of a corporation,
partnership, or association, any individual possessing,
directly or indirectly, the power to direct or cause the
direction of the management and policies of the corporation, partnership, or association) is not a person to
whom the distribution of explosive materials would be
unlawful under section 842(d) of this chapter;’’.
Subsec. (b)(4). Pub. L. 107–296, § 1122(d)(2), designated
existing provisions as subpar. (A), inserted ‘‘the Secretary verifies by inspection or, if the application is for
an original limited permit or the first or second renewal of such a permit, by such other means as the
Secretary determines appropriate, that’’ before ‘‘the
applicant’’, and added subpar. (B).
Pub. L. 107–296, § 1112(e)(3), substituted ‘‘the Attorney
General by regulations’’ for ‘‘the Secretary by regulations’’.
Subsec. (b)(6), (7). Pub. L. 107–296, § 1122(d)(3), (4),
added pars. (6) and (7).
Subsec. (c). Pub. L. 107–296, § 1122(e), substituted ‘‘90
days for licenses and permits,’’ for ‘‘forty-five days’’.
Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attorney
General’’ for ‘‘Secretary’’ in two places.
Subsecs. (d), (e). Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ wherever
appearing.
Subsec. (f). Pub. L. 107–296, § 1122(f), in first sentence,
substituted ‘‘Licensees and holders of user permits’’ for
‘‘Licensees and permittees’’ and inserted ‘‘licensees and
permittees’’ before ‘‘shall submit’’, in second sentence,
substituted ‘‘holder of a user permit’’ for ‘‘permittee’’,
and inserted at end ‘‘The Secretary may inspect the
places of storage for explosive materials of an applicant
for a limited permit or, at the time of renewal of such
permit, a holder of a limited permit, only as provided
in subsection (b)(4).’’
Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attorney
General’’ for ‘‘Secretary’’ wherever appearing.
Subsec. (g). Pub. L. 107–296, § 1122(g), inserted ‘‘user’’
before ‘‘permits’’.
Subsec. (h). Pub. L. 107–296, § 1122(h), added subsec.
(h).
Subsec. (i). Pub. L. 107–296, § 1124, added subsec. (i).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by sections 1112(e)(3) and 1124 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.
Pub. L. 107–296, title XI, § 1122(i), Nov. 25, 2002, 116
Stat. 2283, provided that:

§ 844

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

‘‘(1) IN GENERAL.—The amendments made by this section [amending this section and sections 841 and 842 of
this title] shall take effect 180 days after the date of enactment of this Act [Nov. 25, 2002].
‘‘(2) EXCEPTION.—Notwithstanding any provision of
this Act [see Tables for classification], a license or permit issued under section 843 of title 18, United States
Code, before the date of enactment of this Act [Nov. 25,
2002], shall remain valid until that license or permit is
revoked under section 843(d) or expires, or until a timely application for renewal is acted upon.’’
CONTINUATION IN BUSINESS OR OPERATION OF ANY PERSON ENGAGED IN BUSINESS OR OPERATION ON OCTOBER 15, 1970
Filing of application for a license or permit prior to
the effective date of this section as authorizing any
person engaged in a business or operation requiring a
license or a permit on Oct. 15, 1970 to continue such
business or operation pending final action on such application, see section 1105(c) of Pub. L. 91–452, set out as
a note under section 841 of this title.

§ 844. Penalties
(a) Any person who—
(1) violates any of subsections (a) through (i)
or (l) through (o) of section 842 shall be fined
under this title, imprisoned for not more than
10 years, or both; and
(2) violates subsection (p)(2) of section 842,
shall be fined under this title, imprisoned not
more than 20 years, or both.
(b) Any person who violates any other provision of section 842 of this chapter shall be fined
under this title or imprisoned not more than one
year, or both.
(c)(1) Any explosive materials involved or used
or intended to be used in any violation of the
provisions of this chapter or any other rule or
regulation promulgated thereunder or any violation of any criminal law of the United States
shall be subject to seizure and forfeiture, and all
provisions of the Internal Revenue Code of 1986
relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of
that Code, shall, so far as applicable, extend to
seizures and forfeitures under the provisions of
this chapter.
(2) Notwithstanding paragraph (1), in the case
of the seizure of any explosive materials for any
offense for which the materials would be subject
to forfeiture in which it would be impracticable
or unsafe to remove the materials to a place of
storage or would be unsafe to store them, the
seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take samples as the Attorney General may by regulation prescribe.
(3) Within 60 days after any destruction made
pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the
Attorney General for reimbursement of the
value of the property. If the claimant establishes to the satisfaction of the Attorney General that—
(A) the property has not been used or involved in a violation of law; or
(B) any unlawful involvement or use of the
property was without the claimant’s knowledge, consent, or willful blindness,

Page 194

the Attorney General shall make an allowance
to the claimant not exceeding the value of the
property destroyed.
(d) Whoever transports or receives, or attempts to transport or receive, in interstate or
foreign commerce any explosive with the knowledge or intent that it will be used to kill, injure,
or intimidate any individual or unlawfully to
damage or destroy any building, vehicle, or
other real or personal property, shall be imprisoned for not more than ten years, or fined under
this title, or both; and if personal injury results
to any person, including any public safety officer performing duties as a direct or proximate
result of conduct prohibited by this subsection,
shall be imprisoned for not more than twenty
years or fined under this title, or both; and if
death results to any person, including any public safety officer performing duties as a direct or
proximate result of conduct prohibited by this
subsection, shall be subject to imprisonment for
any term of years, or to the death penalty or to
life imprisonment.
(e) Whoever, through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting
interstate or foreign commerce, willfully makes
any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made,
or to be made, to kill, injure, or intimidate any
individual or unlawfully to damage or destroy
any building, vehicle, or other real or personal
property by means of fire or an explosive shall
be imprisoned for not more than 10 years or
fined under this title, or both.
(f)(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by
means of fire or an explosive, any building, vehicle, or other personal or real property in whole
or in part owned or possessed by, or leased to,
the United States, or any department or agency
thereof, or any institution or organization receiving Federal financial assistance, shall be imprisoned for not less than 5 years and not more
than 20 years, fined under this title, or both.
(2) Whoever engages in conduct prohibited by
this subsection, and as a result of such conduct,
directly or proximately causes personal injury
or creates a substantial risk of injury to any
person, including any public safety officer performing duties, shall be imprisoned for not less
than 7 years and not more than 40 years, fined
under this title, or both.
(3) Whoever engages in conduct prohibited by
this subsection, and as a result of such conduct
directly or proximately causes the death of any
person, including any public safety officer performing duties, shall be subject to the death
penalty, or imprisoned for not less than 20 years
or for life, fined under this title, or both.
(g)(1) Except as provided in paragraph (2), whoever possesses an explosive in an airport that is
subject to the regulatory authority of the Federal Aviation Administration, or in any building
in whole or in part owned, possessed, or used by,
or leased to, the United States or any department or agency thereof, except with the written
consent of the agency, department, or other person responsible for the management of such
building or airport, shall be imprisoned for not