37mm Federal Laws and Regulations, Section 2
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All of the information contained on
this page is provided only as a consolidated reference, and
should not be construed as complete, binding or legal advice. The
data is provided by members, and is held in good faith to be
accurate.
FEDERAL LAW (United States Code and Current
Federal Regulations)
USC Title 10
§ 4684; Surplus obsolete ordnance: sale to patriotic
organizations
Subject to regulations under section 205 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 486), any
branch, office, or officer designated by the Secretary of the
Army may sell, without advertisement and at prices that he
considers reasonable -
(1) surplus obsolete small arms and ammunition and equipment for
them, to any patriotic organization for military purposes; and
(2) surplus obsolete brass or bronze cannons, carriages, and
cannon balls, for public parks, public buildings, and soldiers'
monuments.
USC Title 18
§ 231. Civil disorders
(a)
(1) Whoever teaches or demonstrates to any other
person the use, application, or making of any firearm
or explosive or incendiary device, or technique
capable of causing injury or death to persons,
knowing or having reason to know or intending that
the same will be unlawfully employed for use in, or
in furtherance of, a civil disorder which may in any
way or degree obstruct, delay, or adversely affect
commerce or the movement of any article or commodity
in commerce or the conduct or performance of any
federally protected function; or
(2) Whoever transports or manufactures for
transportation in commerce any firearm, or explosive
or incendiary device, knowing or having reason to
know or intending that the same will be used
unlawfully in furtherance of a civil disorder; or
(3) Whoever commits or attempts to commit any act
to obstruct, impede, or interfere with any fireman or
law enforcement officer lawfully engaged in the
lawful performance of his official duties incident to
and during the commission of a civil disorder which
in any way or degree obstructs, delays, or adversely
affects commerce or the movement of any article or
commodity in commerce or the conduct or performance
of any federally protected function -
Shall be fined under this title or imprisoned not more
than five years, or both.
(b) Nothing contained in this section shall make
unlawful any act of any law enforcement officer which is
performed in the lawful performance of his official
duties.
§ 841. Definitions
As used in this chapter -
(a) ''Person'' means any individual,
corporation, company, association, firm, partnership,
society, or joint stock company.
b) ''Interstate or foreign commerce"
means commerce between any place in a State and any place
outside of that State, or within any possession of the
United States (not including the Canal Zone) or the
District of Columbia, and commerce between places within
the same State but through any place outside of that
State. ''State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, and the possessions of the
United States (not including the Canal Zone).
ˇ
(c) ''Explosive materials'' means
explosives, blasting agents, and detonators.
ˇ
(d) Except for the purposes of subsections (d), (e),
(f), (g), means any chemical compound mixture, or device,
the primary or common purpose of which is to function by
explosion; the term includes, but is not limited to,
dynamite and other high explosives, black powder, pellet
powder, initiating explosives, detonators, safety fuses,
squibs, detonating cord, igniter cord, and igniters. The
Secretary shall publish and revise at least annually in
the Federal Register a list of these and any additional
explosives which he determines to be within the coverage
of this chapter. For the purposes of subsections (d),
except for the purposes of subsections (d), (e), (f),
(g), term ''explosive'' is defined in subsection (j) of
such section 844.
(e) ''Blasting agent'' means any
material or mixture, consisting of fuel and oxidizer,
intended for blasting, not otherwise defined as an
explosive: Provided, That the finished product, as mixed
for use or shipment, cannot be detonated by means of a
numbered 8 test blasting cap when unconfined.
ˇ
(f) ''Detonator'' means any device
containing a detonating charge that is used for
initiating detonation in an explosive; the term includes,
but is not limited to, electric blasting caps of
instantaneous and delay types, blasting caps for use with
safety fuses and detonating-cord delay connectors.
ˇ
(g) ''Importer'' means any person
engaged in the business of importing or bringing
explosive materials into the United States for purposes
of sale or distribution.
ˇ
(h) ''Manufacturer'' means any person
engaged in the business of manufacturing explosive
materials for purposes of sale or distribution or for his
own use. ˇ
(i) ''Dealer'' means any person
engaged in the business of distributing explosive
materials at wholesale or retail.
ˇ
(j) ''Permittee'' means any user of
explosives for a lawful purpose, who has obtained a user
permit under the provisions of this chapter.
(k) ''Secretary'' means the Secretary
of the Treasury or his delegate.
(l) ''Crime punishable by imprisonment for a
term exceeding one year'' shall not
mean -
(1) any Federal or State offenses pertaining to
antitrust violations, unfair trade practices,
restraints of trade, or other similar offenses
relating to the regulation of business practices as
the Secretary may by regulation designate, or
(2) any State offense (other than one involving a
firearm or explosive) classified by the laws of the
State as a misdemeanor and punishable by a term of
imprisonment of two years or less.
(m) ''Licensee'' means any importer,
manufacturer, or dealer licensed under the provisions of
this chapter. ˇ
(n) ''Distribute'' means sell, issue,
give, transfer, or otherwise dispose of.
(o) ''Convention on the Marking of Plastic
Explosives'' means the Convention on the Marking
of Plastic Explosives for the Purpose of Detection, Done
at Montreal on 1 March 1991.
(p) ''Detection agent'' means any one
of the substances specified in this subsection when
introduced into a plastic explosive or formulated in such
explosive as a part of the manufacturing process in such
a manner as to achieve homogeneous distribution in the
finished explosive, including -
(1) Ethylene glycol dinitrate (EGDN), C (INFERIOR
2)H (INFERIOR 4)(NO (INFERIOR 3)) (INFERIOR 2),
molecular weight 152, when the minimum concentration
in the finished explosive is 0.2 percent by mass;
ˇ
(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C
(INFERIOR 6)H (INFERIOR 12)(NO (INFERIOR 2))
(INFERIOR 2), molecular weight 176, when the minimum
concentration in the finished explosive is 0.1
percent by mass;
ˇ
(3) Para-Mononitrotoluene (p-MNT), C (INFERIOR 7)H
(INFERIOR 7)NO (INFERIOR 2), molecular weight 137,
when the minimum concentration in the finished
explosive is 0.5 percent by mass;
(4) Ortho-Mononitrotoluene (o-MNT), C (INFERIOR
7)H (INFERIOR 7)NO (INFERIOR 2), molecular weight
137, when the minimum concentration in the finished
explosive is 0.5 percent by mass; and
(5) any other substance in the concentration
specified by the Secretary, after consultation with
the Secretary of State and the Secretary of Defense,
that has been added to the table in part 2 of the
Technical Annex to the Convention on the Marking of
Plastic Explosives.
(q) ''Plastic explosive'' means an
explosive material in flexible or elastic sheet form
formulated with one or more high explosives which in
their pure form has a vapor pressure less than 10 [4] Pa
at a temperature of 25 ( degrees) C., is formulated with
a binder material, and is as a mixture malleable or
flexible at normal room temperature.
§ 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;
and
(3) 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.
(b) 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.
(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)); or
(6) has been adjudicated a mental defective.
(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 Secretary 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 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)); or
(4) who has been adjudicated as a mental defective
or who has been committed to a mental institution;
(5) to ship or transport any explosive in
interstate or foreign commerce or to receive or
possess any explosive which has been shipped or
transported in 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 Secretary. In promulgating
such regulations, the Secretary 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. ˇ
(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
Secretary 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 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 Secretary
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 Secretary 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.
§ 845.
Exceptions; relief from disabilities .
(a) Except in the case of subsections ˇ [1] (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) 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;
(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; and
(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.
(b) 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 Secretary 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 Secretary 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.
(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.
§ 922. Unlawful acts
(g) It shall be unlawful for any person--
(1) 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, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2), has
been admitted to the United States under a
nonimmigrant visa (as that term is defined in section
101(a)(26) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) who is subject to a court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;
(B) restrains such person from harassing,
stalking, or threatening an intimate partner of such
person or child of such intimate partner or person,
or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury
to the partner or child; and
(C)
(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of physical
force against such intimate partner or child that
would reasonably be expected to cause bodily
injury; or
(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any firearm or ammunition;
or to receive any firearm or ammunition which has been
shipped or transported in interstate or foreign commerce.
(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any
person described in any paragraph of subsection (g) of this
section, in the course of such employment--
(1) to receive, possess, or transport any firearm or
ammunition in or affecting interstate or foreign
commerce; or
(2) to receive any firearm or ammunition which has
been shipped or transported in interstate or foreign
commerce.
(3)
(A) It shall be unlawful for any individual
knowingly to possess a firearm.......[in]..... a
school zone.
(B) Subparagraph (A) does not apply to the
possession of a firearm--
(i) on private property not part of school
grounds;
(ii) if the individual possessing the firearm
is licensed to do so by the State in which the
school zone is located or a political subdivision
of the State, and the law of the State or
political subdivision requires that, before an
individual obtains such a license, the law
enforcement authorities of the State or political
subdivision verify that the individual is
qualified under law to receive the license;
(iii) that is--
(I) not loaded; and
(II) in a locked container, or a locked
firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program
approved by a school in the school zone;
(v) by an individual in accordance with a
contract entered into between a school in the
school zone and the individual or an employer of
the individual;
(vi) by a law enforcement officer acting in
his or her official capacity; or
(vii) that is unloaded and is possessed by an
individual while traversing school premises for
the purpose of gaining access to public or
private lands open to hunting, if the entry on
school premises is authorized by school
authorities.
USC Title 26
§ 5845. Definitions
For the purpose of this chapter -
(a) Firearm
The term ''firearm'' means
(1) a shotgun having a barrel or barrels of less
than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as
modified has an overall length of less than 26 inches
or a barrel or barrels of less than 18 inches in
length;
(3) a rifle having a barrel or barrels of less
than 16 inches in length;
(4) a weapon made from a rifle if such weapon as
modified has an overall length of less than 26 inches
or a barrel or barrels of less than 16 inches in
length;
(5) any other weapon, as defined in subsection
(e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of
title 18, United States Code); and
(8) a destructive device.
The term ''firearm'' shall not include an antique
firearm or any device (other than a machinegun or
destructive device) which, although designed as a weapon,
the Secretary finds by reason of the date of its
manufacture, value, design, and other characteristics is
primarily a collector's item and is not likely to be used
as a weapon.
(d) Shotgun
The term ''shotgun'' means a weapon designed or
redesigned, made or remade, and intended to be fired
from the shoulder and designed or redesigned and made
or remade to use the energy of the explosive in a
fixed shotgun shell to fire through a smooth bore
either a number of projectiles (ball shot) or a
single projectile for each pull of the trigger, and
shall include any such weapon which may be readily
restored to fire a fixed shotgun shell.
(e) Any other weapon
The term ''any other weapon'' means any weapon or
device capable of being concealed on the person from
which a shot can be discharged through the energy of
an explosive, a pistol or revolver having a barrel
with a smooth bore designed or redesigned to fire a
fixed shotgun shell, weapons with combination shotgun
and rifle barrels 12 inches or more, less than 18
inches in length, from which only a single discharge
can be made from either barrel without manual
reloading, and shall include any such weapon which
may be readily restored to fire.
Such term shall not include a pistol or a revolver
having a rifled bore, or rifled bores, or weapons
designed, made, or intended to be fired from the
shoulder and not capable of firing fixed ammunition.
(f) Destructive device
The term ''destructive device'' means
(1) any explosive, incendiary, or poison gas
(A) bomb,
(B) grenade,
(C) rocket having a propellent charge of more
than four ounces,
(D) missile having an explosive or incendiary
charge of more than one-quarter ounce,
(E) mine, or
(F) similar device;
(2) any type of weapon by whatever name known
which will, or which may be readily converted to,
expel a projectile by the action of an explosive or
other propellant, the barrel or barrels of which have
a bore of more than one-half inch in diameter, except
a shotgun or shotgun shell which the Secretary finds
is generally recognized as particularly suitable for
sporting purposes; and
(3) any combination of parts either designed or
intended for use in converting any device into a
destructive device as defined in subparagraphs (1)
and (2) and from which a destructive device may be
readily assembled. The term ''destructive device''
shall not include any device which is neither
designed nor redesigned for use as a weapon; any
device, although originally designed for use as a
weapon, which is redesigned for use as a signaling,
pyrotechnic, line throwing, safety, or similar
device; surplus ordnance sold, loaned, or given
by the Secretary of the Army pursuant to the
provisions of section 4684 (2), 4685, or 4686 of
title 10 of the United States Code; or any other
device which the Secretary finds is not likely to be
used as a weapon, or is an antique or is a rifle
which the owner intends to use solely for sporting
purposes.
(g) Antique firearm
The term ''antique firearm'' means any firearm not
designed or redesigned for using rim fire or
conventional center fire ignition with fixed
ammunition and manufactured in or before 1898
(including any matchlock, flintlock, percussion cap,
or similar type of ignition system or replica
thereof, whether actually manufactured before or
after the year 1898) and also any firearm using fixed
ammunition manufactured in or before 1898, for which
ammunition is no longer manufactured in the United
States and is not readily available in the ordinary
channels of commercial trade.
(h) Unserviceable firearm
The term ''unserviceable firearm'' means a firearm
which is incapable of discharging a shot by means of
an explosive and incapable of being readily restored
to a firing condition.
(i) Make
The term ''make'', and the various derivatives of
such word, shall include manufacturing (other than by
one qualified to engage in such business under this
chapter), putting together, altering, any combination
of these, or otherwise producing a firearm.
(j) Transfer
The term ''transfer'' and the various derivatives
of such word, shall include selling, assigning,
pledging, leasing, loaning, giving away, or otherwise
disposing of.
(k) Dealer
The term ''dealer'' means any person, not a
manufacturer or importer, engaged in the business of
selling, renting, leasing, or loaning firearms and
shall include pawnbrokers who accept firearms as
collateral for loans.
(l) Importer
The term ''importer'' means any person who is
engaged in the business of importing or bringing
firearms into the United States.
(m) Manufacturer
The term ''manufacturer'' means any person who is
engaged in the business of manufacturing
firearms.
§ 5685. Penalty and forfeiture
relating to possession of devices for emitting gas, smoke,
etc., explosives and firearms, when violating liquor laws
ˇ
(a) Penalty for possession of devices for emitting
gas, smoke, etc.
Whoever, when violating any law of the United
States, or of any possession of the United States, or
of the District of Columbia, in regard to the
manufacture, taxation, or transportation of or
traffic in distilled spirits, wines, or beer, or when
aiding in any such violation, has in his possession
or in his control any device capable of causing
emission of gas, smoke, or fumes, and which may be
used for the purpose of hindering, delaying, or
preventing pursuit or capture, any explosive, or any
firearm (as defined in section 5845), except a
machine gun, or a shotgun having a barrel or barrels
less than 18 inches in length, or a rifle having a
barrel or barrels less than 16 inches in length,
shall be fined not more than $5,000, or imprisoned
not more than 10 years, or both, and all persons
engaged in any such violation or in aiding in any
such violation shall be held to be in possession or
control of such device, firearm, or explosive.
(b) Penalty for possession of machine gun, etc.
Whoever, when violating any such law, has in his
possession or in his control a machine gun, or any
shotgun having a barrel or barrels less than 18
inches in length, or a rifle having a barrel or
barrels less than 16 inches in length, shall be
imprisoned not more than 20 years; and all persons
engaged in any such violation or in aiding in any
such violation shall be held to be in possession and
control of such machine gun, shotgun, or rifle.
(c) Forfeiture of firearms, devices, etc.
Every such firearm or device for emitting gas,
smoke, or fumes, and every such explosive, machine
gun, shotgun, or rifle, in the possession or control
of any person when violating any such law, shall be
seized and shall be forfeited and disposed of in the
manner provided by section 5872.
(d) Definition of machine gun-
As used in this section the term ''machine
gun'' means a machine gun as defined in
section 5845(b).
TITLE 27-
Alcohol, Tobacco Products &
Firearms
Chapter I- BATF, Dept. of the Treasury
PART 55-Commerce In Explosives
Table of Contents
Subpart B-Definitions
§ 55.11 Meaning of terms. When used in
this part, terms are defined as follows in this section.
Words in the plural form include the singular, and vice
versa, and words indicating the masculine gender include the
feminine. The terms ``includes'' and ``including'' do not
exclude other things not named which are in the same general
class or are otherwise within the scope of the term defined.
Ammunition. Small arms ammunition or
cartridge cases, primers, bullets, or smokeless
propellants designed for use in small arms, including
percussion caps, and 3/32 inch and other external burning
pyrotechnic hobby fuses. The term does not include black
powder.
Approved storage facility. A place
where explosive materials are stored, consisting of one
or more approved magazines, conforming to the
requirements of this part and covered by a license or
permit issued under this part.
Articles pyrotechnic. Pyrotechnic
devices for professional use similar to consumer
fireworks in chemical composition and construction but
not intended for consumer use. Such articles meeting the
weight limits for consumer fireworks but not labeled as
such and classified by U.S. Department of Transportation
regulations in 49 CFR 172.101 as UN0431 or UN0432.
Artificial barricade. An artificial
mound or revetted wall of earth of a minimum thickness of
three feet, or any other approved barricade that offers
equivalent protection.
ATF officer. An officer or employee
of the Bureau of Alcohol, Tobacco and Firearms (ATF)
authorized to perform any function relating to the
administration or enforcement of this part.
Authority having jurisdiction for fire safety.
The fire department having jurisdiction over sites where
explosives are manufactured or stored.
Barricaded. The effective screening
of a magazine containing explosive materials from another
magazine, a building, a railway, or a highway, either by
a natural barricade or by a artificial barricade. To be
properly barricaded, a straight line from the top of any
sidewall of the magazine containing explosive materials
to the eave line of any other magazine or building, or to
a point 12 feet above the center of a railway or highway,
will pass through the natural or artificial barricade.
Blasting agent. Any material or
mixture, consisting of fuel and oxidizer, that is
intended for blasting and not otherwise defined as an
explosive; if the finished product, as mixed for use or
shipment, cannot be detonated by means of a number 8 test
blasting cap when unconfined. A number 8 test blasting
cap is one containing 2 grams of a mixture of 80 percent
mercury fulminate and 20 percent potassium chlorate, or a
blasting cap of equivalent strength. An equivalent
strength cap comprises 0.40-0.45 grams of PETN base
charge pressed in an aluminum shell with bottom thickness
not to exceed to 0.03 of an inch, to a specific gravity
of not less than 1.4 g/cc., and primed with standard
weights of primer depending on the manufacturer.
Bulk salutes. Salute components prior
to final assembly into aerial shells, and finished salute
shells held separately prior to being packed with other
types of display fireworks.
Bullet-sensitive explosive materials.
Explosive materials that can be exploded by 150-grain M2
ball ammunition having a nominal muzzle velocity of 2700
fps (824 mps) when fired from a .30 caliber rifle at a
distance of 100 ft (30.5 m), measured perpendicular. The
test material is at a temperature of 70 to 75 degrees F
(21 to 24 degrees C) and is placed against a \1/2\ inch
(12.4 mm) steel backing plate.
Bureau. The Bureau of Alcohol,
Tobacco and Firearms, Department of the Treasury,
Washington, DC.
Business premises. When used with
respect to a manufacturer, importer, or dealer, the
property on which explosive materials are manufactured,
imported, stored or distributed. The premises include the
property where the records of a manufacturer, importer,
or dealer are kept if different than the premises where
explosive materials are manufactured, imported, stored or
distributed. When used with respect to a user of
explosive materials, the property on which the explosive
materials are received or stored. The premises includes
the property where the records of the users are kept if
different than the premises where explosive materials are
received or stored.
Chief, Firearms and Explosives Licensing
Center. The ATF official responsible for the
issuance and renewal of licenses and permits under this
part.
Consumer fireworks. Any small firework
device designed to produce visible effects by combustion
and which must comply with the construction, chemical
composition, and labeling regulations of the U.S.
Consumer Product Safety Commission, as set forth in title
16, Code of Federal Regulations, parts 1500 and 1507.
Some small devices designed to produce audible effects
are included, such as whistling devices, ground
devices containing 50 mg or less of explosive materials,
and aerial devices containing 130 mg or less of explosive
materials. Consumer fireworks are classified as
fireworks UN0336, and UN0337 by the U.S. Department of
Transportation at 49 CFR 172.101. This term does not
include fused setpieces containing components which
together exceed 50 mg of salute powder.
Crime punishable by imprisonment for a term
exceeding one year. Any offense for which the
maximum penalty, whether or not imposed, is capital
punishment or imprisonment in excess of one year. The
term does not include (a) any Federal or State offenses
pertaining to antitrust violations, unfair trade
practices, restraints of trade, or (b) any State offense
(other than one involving a firearm or explosive)
classified by the laws of the State as a misdemeanor and
punishable by a term of imprisonment of two years or
less.
Customs officer. Any officer of the
Customs Service or any commissioned, warrant, or petty
officer of the Coast Guard, or any agent or other person
authorized to perform the duties of an officer of the
Customs Service.
Dealer. Any person engaged in the
business of distributing explosive materials at wholesale
or retail.
Detonator. Any device containing a
detonating charge that is used for initiating detonation
in an explosive. The term includes, but is not limited
to, electric blasting caps of instantaneous and delay
types, blasting caps for use with safety fuses,
detonating-cord delay connectors, and nonelectric
instantaneous and delay blasting caps.
Director. The Director, Bureau of
Alcohol, Tobacco and Firearms, Department of the
Treasury, Washington, DC.
Display fireworks. Large fireworks
designed primarily to produce visible or audible effects
by combustion, deflagration, or detonation. This term
includes, but is not limited to, salutes
containing more than 2 grains (130 mg) of explosive
materials, aerial shells containing more than 40 grams of
pyrotechnic compositions, and other display pieces which
exceed the limits of explosive materials for
classification as ``consumer fireworks.''
Display fireworks are classified as fireworks UN0333,
UN0334 or UN0335 by the U.S. Department of Transportation
at 49 CFR 172.101. This term also includes fused
setpieces containing components which together exceed 50
mg of salute powder.
Distribute. To sell, issue, give,
transfer, or otherwise dispose of. The term does not
include a mere change of possession from a person to his
agent or employee in connection with the agency or
employment. Executed under penalties of perjury. Signed
with the required declaration under the penalties of
perjury as provided on or with respect to the return,
form, or other document or, where no form of declaration
is required, with the declaration: ``I declare under the
penalties of perjury that this--(insert type of document,
such as, statement, application, request, certificate),
including the documents submitted in support thereof, has
been examined by me and, to the best of my knowledge and
belief, is true, correct, and complete''.
Explosive actuated device. Any tool
or special mechanized device which is actuated by
explosives, but not a propellent actuated device.
Explosive materials. Explosives,
blasting agents, water gels and detonators. Explosive
materials include, but are not limited to, all items in
the ``List of Explosive Materials'' provided for in Sec.
55.23.
Explosives. Any chemical compound,
mixture, or device, the primary or common purpose of
which is to function by explosion. The term includes, but
is not limited to, dynamite and other high explosives,
black powder, pellet powder, initiating explosives,
detonators, safety fuses, squibs, detonating cord,
igniter cord, and igniters.
Fireworks. Any composition or device
designed to produce a visible or an audible effect by
combustion, deflagration, or detonation, and which meets
the definition of ``consumer fireworks'' or ``display
fireworks'' as defined by this section.
Fireworks mixing building. Any
building or area used for mixing and blending pyrotechnic
compositions except wet sparkler mix.
Fireworks nonprocess building. Any
office building or other building or area in a fireworks
plant where no fireworks, pyrotechnic compositions or
explosive materials are processed or stored.
Fireworks plant. All land and
buildings thereon used for or in connection with the
assembly or processing of fireworks, including warehouses
used with or in connection with fireworks plant
operations.
Fireworks plant warehouse. Any
building or structure used exclusively for the storage of
materials which are neither explosive materials nor
pyrotechnic compositions used to manufacture or assemble
fireworks.
Fireworks process building. Any
mixing building; any building in which pyrotechnic
compositions or explosive materials is pressed or
otherwise prepared for finished and assembly; or any
finishing or assembly building.
Fireworks shipping building. A
building used for the packing of assorted display
fireworks into shipping cartons for individual public
displays and for the loading of packaged displays for
shipment to purchasers.
Flash powder. An explosive material
intended to produce an audible report and a flash of
light when ignited which includes but is not limited to
oxidizers such as potassium chlorate or potassium
perchlorate, and fuels such as sulfur or aluminum powder.
Fugitive from justice. Any person who
has fled from the jurisdiction of any court of record to
avoid prosecution for any crime or to avoid giving
testimony in any criminal proceeding. The term also
includes any person who has been convicted of any crime
and has fled to avoid imprisonment.
Hardwood. Oak, maple, ash, hickory,
or other hard wood, free from loose knots, spaces, or
similar defects.
Highway. Any public street, public
alley, or public road, including a privately financed,
constructed, or maintained road that is regularly and
openly traveled by the general public.
Importer. Any person engaged in the
business of importing or bringing explosive materials
into the United States for purposes of sale or
distribution.
Indictment. Includes an indictment or
information in any court under which a crime punishable
by imprisonment for a term exceeding one year may be
prosecuted.
Inhabited building. Any building
regularly occupied in whole or in part as a habitation
for human beings, or any church, schoolhouse, railroad
station, store, or other structure where people are
accustomed to assemble, except any building occupied in
connection with the manufacture, transportation, storage,
or use of explosive materials.
Interstate or foreign commerce. Commerce
between any place in a State and any place outside of
that State, or within any possession of the United States
or the District of Columbia, and commerce between places
within the same State but through any place outside of
that State.
Licensed dealer. A dealer licensed
under this part. Licensed importer. An importer licensed
under this part.
Licensed manufacturer. A manufacturer
licensed under this part to engage in the business of
manufacturing explosive materials for purposes of sale or
distribution or for his own use.
Licensee. Any importer, manufacturer,
or dealer licensed under this part.
Magazine. Any building or structure,
other than an explosives manufacturing building, used for
storage of explosive materials.
Manufacturer. Any person engaged in
the business of manufacturing explosive materials for
purposes of sale or distribution or for his own use.
Mass detonation (mass explosion).
Explosive materials mass detonate (mass explode) when a
unit or any part of a larger quantity of explosive
material explodes and causes all or a substantial part of
the remaining material to detonate or explode.
Natural barricade. Natural features
of the ground, such as hills, or timber of sufficient
density that the surrounding exposures which require
protection cannot be seen from the magazine when the
trees are bare of leaves.
Number 8 test blasting cap. (See
definition of ``blasting agent.'')
Permittee. Any user of explosives for
lawful purpose, who has obtained a user permit under this
part.
Person. Any individual, corporation,
company, association, firm, partnership, society, or
joint stock company.
Plywood. Exterior, construction grade
(laminated wood) plywood.
Propellant actuated device. Any tool
or special mechanized device or gas generator system
which is actuated by a propellant or which releases and
directs work through a propellant charge.
Pyrotechnic compositions. A chemical
mixture which, upon burning and without explosion,
produces visible, brilliant displays, bright lights, or
sounds.
Railway. Any steam, electric, or
other railroad or railway which carries passengers for
hire.
Region. A geographical region of the
Bureau of Alcohol, Tobacco and Firearms.
Regional director (compliance). The
principal regional official responsible for administering
regulations in this part.
Salute. An aerial shell, classified
as a display firework, that contains a charge of
flash powder and is designed to produce a flash of light
and a loud report as the pyrotechnic effect.
Screen barricade. Any barrier that
will contain the embers and debris from a fire or
deflagration in a process building, thus preventing
propagation of fire to other buildings or areas. Such
barriers shall be constructed of metal roofing, \1/4\ to
\1/2\ inch (6 to 13 mm) mesh screen, or equivalent
material. The barrier extends from floor level to a
height such that a straight line from the top of any side
wall of the donor building to the eave line of any
exposed building intercepts the screen at a point not
less than 5 feet (1.5 m) from the top of the screen. The
top 5 feet (1.5 m) of the screen is inclined towards the
donor building at an angle of 30 to 45 degrees.
Softwood. Fir, pine, or other soft
wood, free from loose knots, spaces, or similar defects.
State. A State of the United States.
The term includes the District of Columbia, the
Commonwealth of Puerto Rico, and the possessions of the
United States.
State of residence. The State in
which an individual regularly resides or maintains his
home. Temporary stay in a State does not make the State
of temporary stay the State of residence.
Theatrical flash powder. Flash powder
commercially manufactured in premeasured kits not
exceeding 1 ounce and mixed immediately prior to use and
intended for use in theatrical shows, stage plays, band
concerts, magic acts, thrill shows, and clown acts in
circuses.
U.S.C. The United States Code.
User-limited permit. A user permit
valid only for a single purchase transaction, a new
permit being required for a subsequent purchase
transaction.
User permit. A permit issued to a
person authorizing him
(a) to acquire for his own use explosive materials
from a licensee in a State other than the State in
which he resides or from a foreign country, and
(b) to transport explosive materials in interstate
or foreign commerce.
Water gels. Explosives or blasting
agents that contain a substantial proportion of water.
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat.
1226) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by
T.D. ATF-92, 46 FR 46916, Sept. 23, 1981; T.D. ATF-200, 50 FR
10497, Mar. 15, 1985; T.D. ATF-290, 54 FR 53053, Dec. 27,
1989; T.D. ATF-293, 55 FR 3720, Feb. 5, 1990; T.D. ATF-314,
56 FR 49140, Sept. 27, 1991; T.D. ATF-382, 61 FR 38084, July
23, 1996; T.D. ATF-400, 63 FR 45001, Aug. 24, 1998; T.D.
ATF-446, 66 FR 16602, Mar. 27, 2001]
50 CFR 21.41.
(a) Except as provided in secs 21.42 and 21.46, a
depredation permit is required before any person may
take, possess, or transport migratory birds for
depredation control purposes. No permit is required
merely to scare or herd depredating migratory birds other
than endangered or threatened species or bald or golden
eagles.
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