104TH CONGRESS

1ST SESSION H. R. 488

To prohibit the distribution or receipt of restricted explosives without a

Federal permit, and to require applications for such permits to include

a photograph and the fingerprints of the applicant.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 11, 1995

Mr. QUINN (for himself, Mr. OXLEY, Mr. ACKERMAN, Mr. ABERCROMBIE, Mr.

BLUTE, Mr. SAXTON, Mr. BARRETT of Nebraska, Mr. MONTGOMERY,

Mr. HOUGHTON, Mr. MEEHAN, Mr. BACHUS, Mr. BILIRAKIS, Mr.

HEINEMAN, Mr. LAFALCE, Mr. KING, Mr. SMITH of New Jersey, Mr.

SKEEN, Mr. CANADY of Florida, Mr. MCCOLLUM, Mr. SERRANO, Ms.

MOLINARI, and Mr. BARRETT of Wisconsin) introduced the following bill;

which was referred to the Committee on the Judiciary

A BILL

To prohibit the distribution or receipt of restricted explosives

without a Federal permit, and to require applications

for such permits to include a photograph and the fingerprints of the applicant.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Restricted Explosives

5 Control Act of 1994’’.
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1 SEC. 2. PROHIBITION AGAINST THE DISTRIBUTION OR RE2 CEIPT OF RESTRICTED EXPLOSIVES WITH3 OUT A FEDERAL PERMIT.

4 (a) IN GENERAL.—Section 842 of title 18, United

5 States Code, is amended—

6 (1) in subsection (a)(3)—

7 (A) in subparagraph (A)—

8 (i) by inserting ‘‘that are not re9 stricted explosives’’ after ‘‘explosive mate10 rials’’ the 2nd place such term appears;

11 and

12 (ii) by striking ‘‘or’’ after the semi13 colon;

14 (B) by redesignating subparagraph (B) as

15 subparagraph (C) and inserting after subpara16 graph (A) the following:

17 ‘‘(B) to distribute restricted explosives to

18 any person other than a licensee or permitee;

19 or’’; and

20 (C) in subparagraph (C) (as so redesig21 nated), by inserting ‘‘that are not restricted ex22 plosives’’ after ‘‘explosive materials’’; and

23 (2) in subsection (b)(3), by inserting ‘‘if the ex24 plosive materials are not restricted explosives,’’ be25 fore ‘‘a resident’’.
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1 (b) RESTRICTED EXPLOSIVES DEFINED.—Section

2 841 of such title is amended by adding at the end the

3 following:

4 ‘‘(o) ‘Restricted explosives’ means high explosives,

5 blasting agents, detonators, and more than 50 pounds of

6 black powder.’’.

7 SEC. 3. REQUIREMENT THAT APPLICATION FOR FEDERAL

8 EXPLOSIVES LICENSE OR PERMIT INCLUDE A

9 PHOTOGRAPH AND SET OF FINGERPRINTS

10 OF THE APPLICANT.

11 (a) IN GENERAL.—Section 843(a) of title 18, United

12 States Code, is amended in the 1st sentence by inserting

13 ‘‘shall include the applicant’s photograph and set of fin14 gerprints, which shall be taken and transmitted to the Sec15 retary by the chief law enforcement officer of the appli16 cant’s place of residence, and’’ before ‘‘shall be’’.

17 (b) CHIEF LAW ENFORCEMENT OFFICER DE18 FINED.—Section 841 of such title, as amended by section

19 2(b) of this Act, is amended by adding at the end the

20 following:

21 ‘‘(p) ‘Chief law enforcement officer’ means the chief

22 of police, the sheriff, or an equivalent officer or the des23 ignee of any such individual.’’.
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1 SEC. 4. EFFECTIVE DATE.

2 The amendments made by this Act shall apply to con3 duct engaged in after the 180-day period that begins with

4 the date of the enactment of this Act.

Æ