|
U.S. Code as of:
01/19/04
Section 1716. Injurious articles as nonmailable
(a) All kinds of poison, and all articles and compositions
containing poison, and all poisonous animals, insects, reptiles,
and all explosives, inflammable materials, infernal machines, and
mechanical, chemical, or other devices or compositions which may
ignite or explode, and all disease germs or scabs, and all other
natural or artificial articles, compositions, or material which may
kill or injure another, or injure the mails or other property,
whether or not sealed as first-class matter, are nonmailable matter
and shall not be conveyed in the mails or delivered from any post
office or station thereof, nor by any officer or employee of the
Postal Service.
(b) The Postal Service may permit the transmission in the mails,
under such rules and regulations as it shall prescribe as to
preparation and packing, of any such articles which are not
outwardly or of their own force dangerous or injurious to life,
health, or property.
(c) The Postal Service is authorized and directed to permit the
transmission in the mails, under regulations to be prescribed by
it, of live scorpions which are to be used for purposes of medical
research or for the manufacture of antivenom. Such regulations
shall include such provisions with respect to the packaging of such
live scorpions for transmission in the mails as the Postal Service
deems necessary or desirable for the protection of Postal Service
personnel and of the public generally and for ease of handling by
such personnel and by any individual connected with such research
or manufacture. Nothing contained in this paragraph shall be
construed to authorize the transmission in the mails of live
scorpions by means of aircraft engaged in the carriage of
passengers for compensation or hire.
(d) The transmission in the mails of poisonous drugs and
medicines may be limited by the Postal Service to shipments of such
articles from the manufacturer thereof or dealer therein to
licensed physicians, surgeons, dentists, pharmacists, druggists,
cosmetologists, barbers, and veterinarians under such rules and
regulations as it shall prescribe.
(e) The transmission in the mails of poisons for scientific use,
and which are not outwardly dangerous or of their own force
dangerous or injurious to life, health, or property, may be limited
by the Postal Service to shipments of such articles between the
manufacturers thereof, dealers therein, bona fide research or
experimental scientific laboratories, and such other persons who
are employees of the Federal, a State, or local government, whose
official duties are comprised, in whole or in part, of the use of
such poisons, and who are designated by the head of the agency in
which they are employed to receive or send such articles, under
such rules and regulations as the Postal Service shall prescribe.
(f) All spirituous, vinous, malted, fermented, or other
intoxicating liquors of any kind are nonmailable and shall not be
deposited in or carried through the mails.
(g) All knives having a blade which opens automatically (1) by
hand pressure applied to a button or other device in the handle of
the knife, or (2) by operation of inertia, gravity, or both, are
nonmailable and shall not be deposited in or carried by the mails
or delivered by any officer or employee of the Postal Service. Such
knives may be conveyed in the mails, under such regulations as the
Postal Service shall prescribe -
(1) to civilian or Armed Forces supply or procurement officers
and employees of the Federal Government ordering, procuring, or
purchasing such knives in connection with the activities of the
Federal Government;
(2) to supply or procurement officers of the National Guard,
the Air National Guard, or militia of a State ordering,
procuring, or purchasing such knives in connection with the
activities of such organizations;
(3) to supply or procurement officers or employees of any
State, or any political subdivision of a State or Territory,
ordering, procuring, or purchasing such knives in connection with
the activities of such government; and
(4) to manufacturers of such knives or bona fide dealers
therein in connection with any shipment made pursuant to an order
from any person designated in paragraphs (1), (2), and (3).
The Postal Service may require, as a condition of conveying any
such knife in the mails, that any person proposing to mail such
knife explain in writing to the satisfaction of the Postal Service
that the mailing of such knife will not be in violation of this
section.
(h) Any advertising, promotional, or sales matter which solicits
or induces the mailing of anything declared nonmailable by this
section is likewise nonmailable unless such matter contains
wrapping or packaging instructions which are in accord with
regulations promulgated by the Postal Service.
(i)(1) Any ballistic knife shall be subject to the same
restrictions and penalties provided under subsection (g) for knives
described in the first sentence of that subsection.
(2) As used in this subsection, the term "ballistic knife" means
a knife with a detachable blade that is propelled by a
spring-operated mechanism.
(j)(1) Whoever knowingly deposits for mailing or delivery, or
knowingly causes to be delivered by mail, according to the
direction thereon, or at any place at which it is directed to be
delivered by the person to whom it is addressed, anything declared
nonmailable by this section, unless in accordance with the rules
and regulations authorized to be prescribed by the Postal Service,
shall be fined under this title or imprisoned not more than one
year, or both.
(2) Whoever knowingly deposits for mailing or delivery, or
knowingly causes to be delivered by mail, according to the
direction thereon or at any place to which it is directed to be
delivered by the person to whom it is addressed, anything declared
nonmailable by this section, whether or not transmitted in
accordance with the rules and regulations authorized to be
prescribed by the Postal Service, with intent to kill or injure
another, or injure the mails or other property, shall be fined
under this title or imprisoned not more than twenty years, or both.
(3) Whoever is convicted of any crime prohibited by this section,
which has resulted in the death of any person, shall be subject
also to the death penalty or to imprisonment for life.
(k) For purposes of this section, the term "State" includes a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
|
|