                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
   CHAPTER 40--IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF 
                           EXPLOSIVE MATERIALS
 
Sec. 845. Exceptions; relief from disabilities

    (a) Except in the case of subsections \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:
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    \1\ So in original. Probably should be ``subsection''.
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        (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.

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15. 1970, 84 Stat. 
958; amended Pub. L. 93-639, Sec. 101, Jan. 4, 1975, 88 Stat. 2217; Pub. 
L. 104-132, title VI, Sec. 605, Apr. 24, 1996, 110 Stat. 1289.)

                       References in Text

    The date of enactment of the Antiterrorism and Effective Death 
Penalty Act of 1996, referred to in subsec. (c)(2), is the date of 
enactment of Pub. L. 104-132, which was approved Apr. 24, 1996.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-132, Sec. 605(1), inserted ``(l), 
(m), (n), or (o) of section 842 and subsections'' after ``subsections'' 
in introductory provisions and ``, and which pertain to safety'' before 
semicolon at end of par. (1).
    Subsec. (c). Pub. L. 104-132, Sec. 605(2), added subsec. (c).
    1975--Subsec. (a)(5). Pub. L. 93-639 substituted provisions 
exempting commercially manufactured black powder in quantities not 
exceeding 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 or in antique devices for such exemption of black powder in 
quantities not exceeding five pounds.


                    Effective Date of 1996 Amendment

    Amendment by 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.

                  Section Referred to in Other Sections

    This section is referred to in section 926 of this title; title 15 
section 2052.
