721 
mailable 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) BALLISTIC KNIVES.— 
‘‘(1) GENERALLY.—Any ballistic knife shall be 
subject to the same restrictions and penalties pro-
vided under subsection (g) for knives described in 
the first sentence of that subsection. 
‘‘(2) DEFINITION.—As used in this subsection, 
the term ‘ballistic knife’ means a knife with a de-
tachable blade that is propelled by a spring-operated 
mechanism. 
‘‘(j) OFFENSES.— 
‘‘(1) COMPLIANCE WITH RULES AND REGULA-
TIONS.—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 non-
mailable by this section, unless in accordance with 
the rules and regulations authorized to be prescribed 
by the Postal Service, shall be imprisoned not more 
than one year. 
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‘‘(2) WITH INTENT TO KILL OR INJURE AN-
OTHER OR TO INJURE THE MAILS OR PROPERTY.— 
Whoever knowingly deposits for mailing or delivery, 
or knowingly causes to be delivered by mail, accord-
ing 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 accord-
ance 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 prop-
erty, shall be imprisoned not more than twenty 
years. 
‘‘(3) DEATH PENALTY.—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. 
‘‘§ 951. Tobacco products as nonmailable 
‘‘(a) PROHIBITION.— 
‘‘(1) IN GENERAL.—All cigarettes and smoke-
less tobacco (as those terms are defined in section 
1 of the Act of October 19, 1949, commonly referred 
to as the Jenkins Act) are nonmailable and shall not 
be deposited in or carried through the mails. The 
United States Postal Service shall not accept for de-
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PWALKER on DSK7TPTVN1PROD with BILLS
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livery or transmit through the mails any package 
that it knows or has reasonable cause to believe con-
tains any cigarettes or smokeless tobacco made non-
mailable by this paragraph. 
‘‘(2) REASONABLE CAUSE.—For the purposes 
of this subsection reasonable cause includes— 
‘‘(A) a statement on a publicly available 
website, or an advertisement, by any person 
that the person will mail matter which is non-
mailable under this section in return for pay-
ment; or 
‘‘(B) the fact that the person is on the list 
created under section 2A(e) of the Jenkins Act. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) CIGARS.—Subsection (a) does not apply to 
cigars (as defined in section 5702(a) of the Internal 
Revenue Code of 1986). 
‘‘(2) GEOGRAPHIC EXCEPTION.—Subsection (a) 
does not apply to mailings within the State of Alas-
ka or within the State of Hawaii. 
‘‘(3) BUSINESS PURPOSES.— 
‘‘(A) IN
GENERAL.—Subsection (a) does 
not apply to tobacco products mailed only— 
‘‘(i) for business purposes between le-
gally operating businesses that have all ap-
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plicable State and Federal Government li-
censes or permits and are engaged in to-
bacco product manufacturing, distribution, 
wholesale, export, import, testing, inves-
tigation, or research; or 
‘‘(ii) for regulatory purposes between 
any business described in clause (i) and an 
agency of the Federal Government or a 
State government. 
‘‘(B) RULES.— 
‘‘(i) IN
GENERAL.—The Postmaster 
General shall by rule establish the stand-
ards and requirements that apply to all 
mailings described in subparagraph (A). 
‘‘(ii) CONTENTS.—The rules issued 
under clause (i) shall require— 
‘‘(I) the United States Postal 
Service to verify that any person sub-
mitting an otherwise nonmailable to-
bacco product into the mails as au-
thorized under this paragraph is a 
business or government agency per-
mitted to make a mailing under this 
paragraph; 
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‘‘(II) the United States Postal 
Service to ensure that any recipient of 
an 
otherwise 
nonmailable 
tobacco 
product sent through the mails under 
this paragraph is a business or gov-
ernment agency that may lawfully re-
ceive the product; 
‘‘(III) that any mailing described 
in subparagraph (A) shall be sent 
through the systems of the United 
States Postal Service that provide for 
the tracking and confirmation of the 
delivery; 
‘‘(IV) that the identity of the 
business or government entity submit-
ting the mailing containing otherwise 
nonmailable tobacco products for de-
livery and the identity of the business 
or government entity receiving the 
mailing are clearly set forth on the 
package; 
‘‘(V) the United States Postal 
Service to maintain identifying infor-
mation described in subclause (IV) 
during the 3-year period beginning on 
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the date of the mailing and make the 
information available to the Postal 
Service, the Attorney General of the 
United States, and to persons eligible 
to bring enforcement actions under 
section 4(d) of the Jenkins Act; 
‘‘(VI) that any mailing described 
in subparagraph (A) be marked with 
a United States Postal Service label 
or marking that makes it clear to em-
ployees of the United States Postal 
Service that it is a permitted mailing 
of 
otherwise 
nonmailable 
tobacco 
products that may be delivered only to 
a permitted government agency or 
business and may not be delivered to 
any residence or individual person; 
and 
‘‘(VII) that any mailing described 
in subparagraph (A) be delivered only 
to a verified employee of the recipient 
business or government agency, who is 
not a minor and who shall be required 
to sign for the mailing. 
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‘‘(C) DEFINITION.—In this paragraph, the 
term ‘minor’ means an individual who is less 
than the minimum age required for the legal 
sale or purchase of tobacco products as deter-
mined by applicable law at the place the indi-
vidual is located. 
‘‘(4) CERTAIN INDIVIDUALS.— 
‘‘(A) IN
GENERAL.—Subsection (a) does 
not apply to tobacco products mailed by individ-
uals who are not minors for noncommercial 
purposes, including the return of a damaged or 
unacceptable tobacco product to the manufac-
turer. 
‘‘(B) RULES.— 
‘‘(i) IN
GENERAL.—The Postmaster 
General shall by rule establish the stand-
ards and requirements that apply to all 
mailings described in subparagraph (A). 
‘‘(ii) CONTENTS.—The rules issued 
under clause (i) shall require— 
‘‘(I) the United States Postal 
Service to verify that any person sub-
mitting an otherwise nonmailable to-
bacco product into the mails as au-
thorized under this paragraph is the 
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