Importation, Manufacture, Distribution and Storage of Explosive Materials

Federal Defense Lawyers Explain Crimes Related to Explosives

The importation, manufacture, distribution, and storage of explosive materials are all tightly controlled activities because of the dangers that explosives can present to the American public.

There are strict federal rules regarding explosive materials, and if you violate any of those rules and regulations, you could be looking at federal criminal charges.

Federal charges are much more serious in many cases than state charges because the federal government has more investigative resources to devote to prosecuting you and because penalties for conviction tend to be harsher. You need to understand your rights when faced with federal charges, determine what a prosecutor would need to prove to convict you, and respond assertively and appropriately when you have been charged.

LV Criminal Defense can help. Our federal criminal defense attorneys have extensive experience representing defendants in Arizona, Utah, Oregon, Nevada, and California who have been charged with federal crimes related to the important, manufacture, distribution, or storage of explosive materials. We know the ins-and-outs of federal laws and we can put our extensive legal knowledge to work for you as we defend you in court or negotiate a plea agreement that lessens the serious penalties you could face.

If you are accused of a federal offense involving explosives, you should reach out to our compassionate and knowledgeable legal team for help responding to charges and fighting for your future. Give us a call today to find out about the ways in which our firm can help you.

Federal Laws On the Importation, Manufacture, Distribution and Storage of Explosive Materials

Federal laws that define criminal conduct related to the importation, manufacture, distribution, or storage of explosive materials are found in 18 U.S. Code Chapter 40. There are eight different statutes in Title 18 Chapter 40 that address criminal conduct related to actions you can take with explosive materials. Collectively, these statutes establish the definitions applicable throughout Chapter 40, define what types of acts are unlawful, establish penalties, and set forth exceptions. The statutes include

• 18 U.S. Code section 841: Definitions
• 18 U.S. Code section 842: Unlawful acts
• 18 U.S. Code section 843: Licenses and user permits
• 18 U.S. Code section 844: Penalties
• 18 U.S. Code section 845: Exceptions; relief from disabilities
• 18 U.S. Code section 846: Additional powers of the Attorney General
• 18 U.S. Code section 847: Rules and regulations
• 18 U.S. Code section 848: Effect on State law

The statutes within this chapter specify specific types of conduct that could potentially result in federal criminal charges. For example, 18 U.S. Code section 842 explains specific types of unlawful acts in connection with the manufacture, distribution, and storage of explosive material.

According to the relevant statute, it is unlawful to:

• Be engaged in a business that involves the import, manufacture, or dealing of explosive materials unless that individual has received a license in accordance with requirements set forth within 18 U.S. Code Chapter 40.
• Knowingly withhold information or make any false statements, either written or oral, for purposes of obtaining explosive materials or for purposes of obtaining a license to sell explosive materials.
• Knowingly provide or show false, fictitious, or misrepresented identification that is intended to deceive or that is likely to deceive for the purposes of obtaining explosive materials or for the purpose of obtaining a license or permit to become involved with explosive materials.
• Knowingly transport explosive materials, cause explosive materials to be exported, or receive explosive materials without having a license or permit.
• Knowingly distribute explosive materials to anyone who does not have a license or a permit.
• Transport explosive materials, ship explosive materials, cause explosive materials to be transported, or receive explosive materials in interstate commerce with only a limited permit that does not permit such transport to take place.
• Receive explosive materials from a licensee or permit holder whose premises is located outside of the permit holder’s state of residence when the permit holder isn’t permitted to move explosives from one state to another.
• Receive explosive materials on more than six separate occasions from one or more licensees or permit holders without lawful authority to do so.
• Distribute explosive materials as a licensee or a permit holder to anyone other than a licensee, permit holder, or holder of a limited permit.
• Distribute explosive materials as a licensee or permit holder to any person who the licensee or permit holder has reason to believe will transport the materials into a state where they are prohibited.
• Distribute explosive materials to anyone under the age of 21; to anyone convicted of a crime punishable by more than a year of imprisonment; to anyone under indictment for a crime punishable by more than a year of imprisonment; to an unlawful user of controlled substances; to a fugitive from justice; to an unlawful alien or undocumented immigrant; or to someone adjudicated as a mental defective.

These are just some of the many unlawful acts that a defendant can be charged for committing. A federal defense attorney can explain other specific types of criminal conduct made illegal under Chapter 40, as well as the penalties for misconduct.

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