18 USC 842 - Unlawful acts

1 So in original. Probably should be “Attorney General”.

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

2 So in original. Probably should be followed by “or”.

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

Editorial Notes

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

Amendments

2003—Subsec. (d)(7)(A). Puspan. L. 108–177, § 372(a)(1), struck out “or” at end.

Subsec. (d)(7)(B). Puspan. 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). Puspan. L. 108–177, § 372(a)(3), added subpars. (C) and (D).

Subsec. (i)(5)(A). Puspan. L. 108–177, § 372(span)(1), struck out “or” at end.

Subsec. (i)(5)(B). Puspan. L. 108–177, § 372(span)(2), inserted “or” at end of cl. (i) and struck out cls. (iii) and (iv) which read as follows:

Subsec. (i)(5)(C), (D). Puspan. L. 108–177, § 372(span)(3), added subpars. (C) and (D).

2002—Subsec. (a)(3), (4). Puspan. L. 107–296, § 1122(span)(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. (span). Puspan. L. 107–296, § 1122(span)(3), added subsec. (span) and struck out former subsec. (span) 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). Puspan. 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). Puspan. L. 107–296, § 1123(a)(1), (3), added pars. (7) to (9).

Subsec. (f). Puspan. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary”.

Subsec. (i). Puspan. L. 107–296, § 1123(span)(3), inserted “or affecting” before “interstate” in two places in concluding provisions.

Subsec. (i)(5) to (7). Puspan. L. 107–296, § 1123(span)(1), (2), added pars. (5) to (7).

Subsecs. (j), (k), (o). Puspan. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary” wherever appearing.

1999—Subsec. (p). Puspan. L. 106–54 added subsec. (p).

1996—Subsec. (h). Puspan. 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). Puspan. L. 104–132, § 603, added subsecs. (l) to (o).

1994—Subsec. (d). Puspan. L. 103–322, § 110516, substituted “any person” for “any licensee” in introductory provisions.

Subsec. (i). Puspan. L. 103–322, § 110508, inserted “or possess” after “receive” in concluding provisions.

1990—Subsec. (d)(5). Puspan. L. 101–647, § 3521(1), substituted “; or” for a period.

Subsec. (i)(3). Puspan. L. 101–647, § 3521(2), substituted “; or” for a period.

1988—Subsec. (d)(5). Puspan. 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). Puspan. 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 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), (span) of Puspan. 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 Puspan. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Puspan. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Amendment by section 1122(span) of Puspan. L. 107–296 effective 180 days after Nov. 25, 2002, see section 1122(i) of Puspan. L. 107–296, set out as a note under section 843 of this title.

Effective Date of 1996 Amendment

Amendment by section 603 of Puspan. L. 104–132 effective 1 year after Apr. 24, 1996, see section 607 of Puspan. L. 104–132, set out as a note under section 841 of this title.