241 
617.
Rules and regulations. 
618.
Effect on State law. 
§ 611. Definitions 
In this subchapter the following definitions apply: 
(1) The term ‘‘explosive materials’’ means explosives, 
blasting agents, and detonators. 
(2) Except for the purposes of subsections (d), (e), (f), 
(g), (h), (i), and (j) of section 614, the term ‘‘explosives’’ 
means any chemical compound mixture, or device, the pri-
mary or common purpose of which is to function by explo-
sion; the term includes, but is not limited to, dynamite and 
other high explosives, black powder, pellet powder, initi-
ating explosives, detonators, safety fuses, squibs, deto-
nating cord, igniter cord, and igniters. The Attorney Gen-
eral shall publish and revise at least annually in the Fed-
eral Register a list of these and any additional explosives 
which he determines to be within the coverage of this chap-
ter. For the purposes of subsections (d), (e), (f), (g), (h), 
and (i) of section 614, the term ‘‘explosive’’ is defined in 
subsection (j) of such section 614. 
(3) The term ‘‘blasting agent’’ means any material or 
mixture, consisting of fuel and oxidizer, intended for blast-
ing, 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. 
(4) The term ‘‘detonator’’ means any device containing 
a detonating charge that is used for initiating detonation 
in an explosive; the term includes electric blasting caps of 
instantaneous and delay types, blasting caps for use with 
safety fuses and detonating-cord delay connectors. 
(5) The term ‘‘importer’’ means any person engaged 
in the business of importing or bringing explosive materials 
into the United States for purposes of sale or distribution. 
(6) The term ‘‘manufacturer’’ means any person en-
gaged in the business of manufacturing explosive materials 
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242 
for purposes of sale or distribution or for that person’s own 
use. 
(7) The term ‘‘dealer’’ means any person engaged in 
the business of distributing explosive materials at wholesale 
or retail. 
(8) The term ‘‘permittee’’ means any user of explo-
sives for a lawful purpose, who has obtained either a user 
permit or a limited permit under the provisions of this 
chapter. 
(9) The term ‘‘Attorney General’’ means the Attorney 
General of the United States. 
(10) The term ‘‘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 of-
fenses relating to the regulation of business practices as the 
Attorney General may by regulation designate, or (2) any 
State offense (other than one involving a firearm or explo-
sive) classified by the laws of the State as a misdemeanor 
and punishable by a term of imprisonment of two years or 
less. 
(11) The term ‘‘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 of-
fenses relating to the regulation of business practices as the 
Attorney General may by regulation designate, or (2) any 
State offense (other than one involving a firearm or explo-
sive) classified by the laws of the State as a misdemeanor 
and punishable by a term of imprisonment of two years or 
less. 
(12) The term ‘‘licensee’’ means any importer, manu-
facturer, or dealer licensed under the provisions of this 
chapter. 
(13) The term ‘‘distribute’’ means sell, issue, give, 
transfer, or otherwise dispose of. 
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(14) The term ‘‘convention on the Marking of Plastic 
Explosives’’ means the Convention on the Marking of Plas-
tic Explosives for the Purpose of Detection, Done at Mon-
treal on 1 March 1991. 
(15) The term ‘‘detection agent’’ means any one of the 
substances specified in this subsection when introduced into 
a plastic explosive or formulated in such explosive as a part 
of the manufacturing process in such a manner as to 
achieve homogeneous distribution in the finished explosive, 
including— 
(A) 
Ethylene 
glycol 
dinitrate 
(EGDN), 
C2H4(NO3)2, molecular weight 152, when the minimum 
concentration in the finished explosive is 0.2 percent by 
mass; 
(B) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), 
(C) Para-Mononitrotoluene (p-MNT), C7H7NO2, 
molecular weight 137, when the minimum concentra-
tion in the finished explosive is 0.5 percent by mass; 
(D) Ortho-Mononitrotoluene (o-MNT), 
C7H7NO2, molecular weight 137, when the minimum con-
centration in the finished explosive is 0.5 percent by mass; 
and 
(E) any other substance in the concentration spec-
ified by the Attorney General, after consultation with 
the Secretary of State and the Secretary of Defense, 
that has been added to the table in part 2 of the Tech-
nical Annex to the Convention on the Marking of Plas-
tic Explosives. 
(16) The term ‘‘plastic explosive’’ means an explosive 
material in flexible or elastic sheet form formulated with 
one or more high explosives which in their pure form has 
a vapor pressure less than 10-&lt;SUP&gt;4 Pa at a tem-
perature of 25/C., is formulated with a binder material, and 
is as a mixture malleable or flexible at normal room tem-
perature. 
(17) The term ‘‘alien’’ means any person who is not 
a citizen or national of the United States. 
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(18) The term ‘‘responsible person’’ means an indi-
vidual who has the power to direct the management and 
policies of the applicant pertaining to explosive materials. 
§ 612. Unlawful acts 
(a) It shall be unlawful for any person— 
(1) to engage in the business of importing, manufac-
turing, 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 identifica-
tion, intended or likely to deceive for the purpose of obtain-
ing explosive materials, or a license, permit, exemption, or 
relief from disability under the provisions of this chapter; 
(3) other than a licensee or permittee knowingly— 
(A) to transport, ship, cause to be transported, or 
receive any explosive materials; or 
(B) to distribute explosive materials to any person 
other than a licensee or permittee; or 
(4) who is a holder of a limited permit— 
(A) to transport, ship, cause to be transported, or 
receive in interstate or foreign commerce any explosive 
materials; or 
(B) to receive explosive materials from a licensee 
or permittee, whose premises are located outside the 
State of residence of the limited permit holder, or on 
more than 6 separate occasions, during the period of 
the permit, to receive explosive materials from 1 or 
more licensees or permittees whose premises are located 
within the State of residence of the limited permit hold-
er. 
(b) It shall be unlawful for any licensee or permittee to 
knowingly distribute any explosive materials to any person 
other than— 
(1) a licensee; 
(2) a holder of a user permit; or 
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(3) a holder of a limited permit who is a resident of 
the State where distribution is made and in which the 
premises of the transferor are located. 
(c) It shall be unlawful for any licensee to distribute explo-
sive materials to any person who the licensee has reason to be-
lieve intends to transport such explosive materials into a State 
where the purchase, possession, or use of explosive materials is 
prohibited or which does not permit its residents to transport 
or ship explosive materials into it or to receive explosive mate-
rials in it. 
(d) It shall be unlawful for any person knowingly to dis-
tribute explosive materials to any individual who: 
(1) is under twenty-one years of age; 
(2) has been convicted in any court of a crime punish-
able by imprisonment for a term exceeding one year; 
(3) is under indictment for a crime punishable by im-
prisonment for a term exceeding one year; 
(4) is a fugitive from justice; 
(5) is an unlawful user of or addicted to any controlled 
substance (as defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)); 
(6) has been adjudicated a mental defective or who 
has been committed to a mental institution; 
(7) is an alien, other than an alien who— 
(A) is lawfully admitted for permanent residence 
(as defined in section 101 (a)(20) of the Immigration 
and Nationality Act); 
(B) is in lawful nonimmigrant status, is a refugee 
admitted under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157), or is in asylum status 
under section 208 of the Immigration and Nationality 
Act (8 U.S.C. 1158), and— 
(i) is a foreign law enforcement officer of a 
friendly foreign government, as determined by the 
Attorney General in consultation with the Secretary 
of State, entering the United States on official law 
enforcement business, and the shipping, trans-
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