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U.S. Code as of:
01/19/04
Section 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:
(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)(1) A person who is prohibited from shipping, transporting,
receiving, or possessing any explosive under section 842(i) may
apply to the Secretary (!2) for relief from such prohibition.
(2) The Secretary (!2) may grant the relief requested under
paragraph (1) if the Secretary (!2) determines that the
circumstances regarding the applicability of section 842(i), 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 such relief is not contrary to the public
interest.
(3) A licensee or permittee who applies for relief, under this
subsection, from the disabilities incurred under this chapter as a
result of an indictment for or conviction of a crime punishable by
imprisonment for a term exceeding 1 year shall not be barred by
such disability from further operations under the 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.
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