18 U.S.C. § 841 : US Code - Section 841: Definitions

Search 18 U.S.C. § 841 : US Code - Section 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).
(c) "Explosive materials" means explosives, blasting agents,
and detonators.
(d) Except for the purposes of subsections (d), (e), (f), (g),
(h), (i), and (j) of section 844 of this title, "explosives"
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 Attorney General 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),
(e), (f), (g), (h), and (i) of section 844 of this title, the
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.
(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.
(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.
(h) "Manufacturer" means any person engaged in the business of
manufacturing explosive materials for purposes of sale or
distribution or for his own use.
(i) "Dealer" means any person engaged in the business of
distributing explosive materials at wholesale or retail.
(j) "Permittee" means any user of explosives for a lawful
purpose, who has obtained either a user permit or a limited
permit under the provisions of this chapter.
(k) "Attorney General" means the Attorney General of the United
States.
(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 Attorney General 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.
(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), C2H4(NO3)2,
molecular weight 152, when the minimum concentration in the
finished explosive is 0.2 percent by mass;
(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C6H12(NO2)2, molecular weight 176, when the minimum
concentration in the finished explosive is 0.1 percent by mass;
(3) Para-Mononitrotoluene (p-MNT), C7H7NO52,
molecular weight 137, when the minimum concentration in the
finished explosive is 0.5 percent by mass;
(4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2,
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
Attorney General, 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 25ºC., is formulated
with a binder material, and is as a mixture malleable or flexible
at normal room temperature.
(r) "Alien" means any person who is not a citizen or national
of the United States.
(s) "Responsible person" means an individual who has the power
to direct the management and policies of the applicant pertaining
to explosive materials.