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pdf§ 842
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
3009–21; Pub. L. 105–61, title I, Oct. 10, 1997, 111 Stat.
1272, required study by the Secretary of the Treasury of
the marking, rendering inert, and licensing of explosive
materials not later than 12 months after Apr. 24, 1996,
report to Congress on results and recommendations,
hearings by Congress to review study results, promulgation of regulations, and special study on the tagging
of smokeless and black powder and report two years
after Sept. 30, 1996.
CONGRESSIONAL DECLARATION OF PURPOSE
Pub. L. 91–452, title XI, § 1101, Oct. 15, 1970, 84 Stat.
952, provided that: ‘‘The Congress hereby declares that
the purpose of this title [enacting this chapter amending section 2516 of this title, repealing section 837 of
this title and sections 121 to 144 of Title 50, War and National Defense, and enacting provisions set out as notes
under this section] is to protect interstate and foreign
commerce against interference and interruption by reducing the hazard to persons and property arising from
misuse and unsafe or insecure storage of explosive materials. It is not the purpose of this title to place any
undue or unnecessary Federal restrictions or burdens
on law-abiding citizens with respect to the acquisition,
possession, storage, or use of explosive materials for industrial, mining, agricultural, or other lawful purposes,
or to provide for the imposition by Federal regulations
of any procedures or requirements other than those
reasonably necessary to implement and effectuate the
provisions of this title.’’
MODIFICATION OF OTHER PROVISIONS
Pub. L. 91–452, title XI, § 1104, Oct. 15, 1970, 84 Stat.
959, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095, provided that: ‘‘Nothing in this title [enacting this chapter, amending section 2516 of this title, repealing section 837 of this title and sections 121 to 144
of Title 50, War and National Defense, and enacting
provisions set out as notes under this section] shall be
construed as modifying or affecting any provision of—
‘‘(a) The National Firearms Act (chapter 53 of the
Internal Revenue Code of 1986);
‘‘(b) Section 414 of the Mutual Security Act of 1954
(22 U.S.C. 1934), as amended, relating to munitions
control;
‘‘(c) Section 1716 of title 18, United States Code, relating to nonmailable materials;
‘‘(d) Sections 831 through 836 of title 18, United
States Code; or
‘‘(e) Chapter 44 of title 18, United States Code.’’
CONTINUATION IN BUSINESS OR OPERATION OF ANY PERSON ENGAGED IN BUSINESS OR OPERATION ON OCTOBER 15, 1970
Pub. L. 91–452, title XI, § 1105(c), Oct. 15, 1970, 84 Stat.
960, provided that: ‘‘Any person (as defined in section
841(a) of title 18, United States Code) engaging in a
business or operation requiring a license or permit
under the provisions of chapter 40 of such title 18, who
was engaged in such business or operation on the date
of enactment of this Act [Oct. 15, 1970] and who has
filed an application for a license or permit under the
provisions of section 843 of such chapter 40 prior to the
effective date of such section 843 [see Effective Date
note set out above] may continue such business or operation pending final action on his application. All provisions of such chapter 40 shall apply to such applicant
in the same manner and to the same extent as if he
were a holder of a license or permit under such chapter
40.’’
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 91–452, title XI, § 1107, Oct. 15, 1970, 84 Stat.
960, provided that: ‘‘There are hereby authorized to be
appropriated such sums as are necessary to carry out
the purposes of this title [enacting this chapter,
amending section 2516 of this title, repealing section 837
of this title and sections 121 to 144 of Title 50, War and
National Defense, and enacting provisions set as notes
under this section].’’
Page 188
§ 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;
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TITLE 18—CRIMES AND CRIMINAL PROCEDURE
(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);
(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; or
(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;
(C) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military force, as determined by the Attorney General in consultation with the Secretary of Defense, 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 authorized military purpose; or
(D) 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
(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
1 So
2 So
in original. Probably should be ‘‘Attorney General’’.
in original. Probably should be followed by ‘‘or’’.
§ 842
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);
(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; or
(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;
(C) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military force, as determined by the Attorney General in consultation with the Secretary of Defense, 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 authorized military purpose; or
§ 842
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
(D) 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
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
3 So
in original. Probably should be followed by a semicolon.
Page 190
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, § 1102(a), Oct. 15,
1970, 84 Stat. 953; amended Pub. L. 100–690, title
VI, § 6474(c), (d), Nov. 18, 1988, 102 Stat. 4380; Pub.
L. 101–647, title XXXV, § 3521, Nov. 29, 1990, 104
Stat. 4923; Pub. L. 103–322, title XI, §§ 110508,
110516, Sept. 13, 1994, 108 Stat. 2018, 2020; Pub. L.
104–132, title VI, § 603, title VII, § 707, Apr. 24,
1996, 110 Stat. 1289, 1296; Pub. L. 106–54, § 2(a),
Aug. 17, 1999, 113 Stat. 398; Pub. L. 107–296, title
XI, §§ 1112(e)(3), 1122(b), 1123, Nov. 25, 2002, 116
Stat. 2276, 2280, 2283; Pub. L. 108–177, title III,
§ 372, Dec. 13, 2003, 117 Stat. 2627.)
Page 191
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
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
2003—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—
§ 842
‘‘(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’’.
CHANGE OF NAME
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 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.
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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’’.
| File Type | application/pdf |
| File Modified | 2019-10-04 |
| File Created | 2019-10-04 |