84 STAT. ]
PUBLIC LAW 91-452-OCT. 15, 1970
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 Secretary 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 a user permit under the provisions of this chapter. " (k) 'Secretary' means the Secretary of the Treasury or his delegate. "(1) '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 Secretary 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. "§ 842. Unlawful acts " (a) I t shall be unlawful for any person— "(1) to engage in the business of importing, manufacturing, or dealing in explosive materials without a license issued under this chapter; "(2) knowingly to withhold information or to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the provisions of this chapter; and "(3) other than a licensee or permittee knowingly— " (A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials, except that a person who lawfully purchases explosive
953
Publication in F^'*^'"^^ Register.
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