At the federal level, explosives are regulated by the Organized Crime Control Act of 1970. Some state laws impose additional restrictions and requirements regarding explosives. This article discusses the general prohibitions against possessing and manufacturing explosive materials and distributing information regarding making and using explosives. Also, discussed below are the requirements to obtain explosives licenses and permits and the penalties for violating explosives laws.
Manufacturing, Possessing, and Distributing Explosive Materials
Under federal law, it’s unlawful to engage in the business of importing, manufacturing, transporting, receiving, or otherwise dealing in explosive materials without a valid license. It’s also illegal to distribute explosive materials to a person who isn’t licensed to possess of these materials.
Most states have laws (similar to their federal counterparts) prohibiting the manufacture and possession of explosive materials. However, some states have very restrictive laws while the regulations in other states are more lenient.
Explosives. “Explosives” are typically defined as any chemical compound, mixture, or device intended for the purpose of producing an explosion. Explosives generally include dynamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. Federal law requires the Attorney General to annually revise and publish the list of explosives in the Federal Register.
Licenses and permits. Of course, there are a number of legitimate uses for explosives. But lawful possession and use of explosives require a license or permit. The procedures and requirements to obtain an explosives license or permit vary by jurisdiction.
Under federal law, a “license” allows the licensee to import, manufacture, or deal in explosive materials. A “user permit” allows a person to transport and receive explosive materials. A “limited permit” is available to an individual who only conducts business in the individual’s state of residence and receives explosive materials no more than six times in a one-year period. The fee for a license and user permit is $200 and is valid for three years. The fee for a limited permit is $50 and is valid for one year.
Under federal law, to obtain a license or permit, an applicant must:
- identify the state and premises from which business will be conducted
- allow the Attorney General to inspect and verify that the applicant has a place to store explosive materials that meets public safety and security standards
- demonstrate and certify in writing a familiarity with state laws and local ordinances regarding explosives for the location the applicant intends to conduct business, and
- certify in writing that the applicant won’t receive explosive materials more than six times during a one-year period (for a limited permit).
The Attorney General will deny issuing a license or permit if the applicant:
- has been convicted of a crime that’s punishable by more than one year of imprisonment
- is fugitive from justice
- unlawfully uses or is addicted to any controlled substance
- has been found to have a mental defect by a judge or has been committed to a mental institution
- is an illegal immigrant
- was dishonorably discharged from the military
- has renounced United States citizenship, or
- has willfully violated any federal law regarding explosives.
Under state explosives laws, licenses and permits are issued by various government departments, such as the State Fire Marshal, the Department of Justice, or the Commissioner of Emergency Services and Public Protection. In some jurisdictions, the requirements to obtain licenses and/or permits are stricter than the federal requirements. For example, some states require a waiting period before a license or permit will be issued.
Recordkeeping. Federal law and most states require licensees and permittees to keep a written record of transactions involving explosives. Generally, the record must contain the following information:
- the date of the manufacture or transaction
- a description and quantity of the explosive materials
- the name, address, and license or permit number of the person receiving or distributing the explosive materials
- the manufacturer’s name and marks of identification, and
- a statement of the intended use of the explosive materials.
Under federal law, the written records must be retained for at least five years or until the licensee or permittee discontinues business or operations.
Distributing Information Regarding How to Make or Use Explosives
Under federal law, it’s illegal to teach, demonstrate, or distribute information regarding how to make or use explosives. To be prosecuted, an offender must either:
- intend that the instructions or information will be used for an activity that constitutes a federal crime of violence, or
- know that the person receiving the instructions or information intends to use it to commit a federal crime of violence.
A “federal crime of violence” is defined as an offense that:
- involves the use, or attempted or threatened use of physical force against a person or property of another, or
- is a felony that involves a substantial risk that physical force will be used against a person or the property of another in the course of committing the crime.
Related federal laws prohibit teaching or demonstrating how to use or make an explosive device if the offender knows or intends that the information will be used in furtherance of a civil disorder. It’s also illegal to provide material support to terrorist organizations, which includes support in the form of advising, teaching, or instructing regarding explosives.
Penalties for Violating Explosives Laws
Federal and state laws establish penalties for violating explosives laws. Under federal law, any person who unlawfully imports, manufactures, transports, receives, or otherwise deals in explosive materials is subject to a maximum fine of $250,000 and/or imprisonment for up to ten years. If the offender is an organization, the maximum fine increases to $500,000.
Violation of the federal law prohibiting distribution of information regarding how to make or use explosives is punishable by a maximum fine of $250,000 ($500,000 if the offender is an organization) and/or imprisonment for up to 20 years.
Additionally, any explosive materials involved, used, or intended to be used in violation of federal explosives laws are subject to seizure and forfeiture.
The range of penalties for violating state explosives laws vary by jurisdiction. However, unlawful manufacture and possession of explosive materials is generally a felony and violation of storage or recordkeeping requirements is typically a misdemeanor.