SABT 6 B Explosive Criminal Violations Flashcards
2 ID criminal violations that occur in UC explosive stings.
-844 (d) intent to kill via explosives
Illegal to receive explosive form interstate or foreign commerce with knowledge or intent that the explosive be used in a bombing,
=death penalty
-844 (f) &(i) attempt to bomb property
1 ID criminal violations illegal to engage in the business of importing manufacturing and dealing in explosive (eg M-80s, stolen explosives)
-842(a) (1) illegal to engage in business of importing, manufacturing or dealing in explosive Wo and ATF license, 10 yrs
-Intent to kill via explosives
Illegal to receive explosive from interstate or foreign commerce with knowledge or intent that the explosive be used in a bombing,
=death penalty
-844 (d) Intent to kill via explosives
A- Any explosive, incendiary, or poison gas grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary mine or
-device similar to any of the devices described in the preceding clauses
C-and combination of parts either designed or intended for use in converting any device into any ____ describe in subparagraph (A) or (B)
-the term shall not include any device which is neither designed nor redesigned for use as a weapon.
18 USC 921 (a)(4) (A) &(C) Destructive device i.e flash bangs
3 ID illegal destructive device
all destructive devices = are explosive device
- Explosive or incendiary bomb
- combination of parts that can be assembled = DD
- If UC sell a bomb in parts for a UC sting allowed under law.
- If serve a warrant and he got the parts on the work bench= DD can be used against them (
4 ID violations regarding preparation for bombing: Planning, acquistion of explosive, hoarding explosives, making bombs and transporting to targets.
-844h illegal to use or carry explosive to commit any federal felony
= 10 yrs, 2nd =20 yrs (10 yr statue of Limitation)
- Explosives manufactured or imported must be first approved by ___
- Explosive transported for business must have ___
- must not travel in ____ or ___
DOT = Dept of Transportation = 1st line of defense in America
- labels and vehicle placards
- cities or bridges
What’s code section for illegal to introduce or deliver for introduction into interstate commerce a banned hazardous substance, or receive in interstate commerce any banned hazardous substance
15 USC 1263 Hazardous Substance Act
5 ID violations of Bombing: Federal property, business property, property receiving Federal financial assistance; and using/carrying explosive or bombs to commit Federal felonies
-844 (f)
Banned in 1968, 2 grains it the limit, if made with 50 grains will blow ur hand off.
- Cherry bombs, fireworks devices intended to produce audible effects, silver salutes and other large firecrackers, aerial bombs, and other fireworks designed to produce audible effects, and including kits and components intended to produce such fireworks) by a charge of two gains of pyrotechnic composition
- what is this and is it a destructive device?
M-80
-alone are not destructive device (can be redesigned to be a destructive device)
What statute illegal for non -licensee or non permittee to
1 transport or receives explosive A 10yrs
2 Distribute explosive to other non licensee permittees B 10yrs
-exception smokeless powder and some black powder 845 a
-Enacted in 2003
842 (a) (3) (A&B)
- small arms ammunition & components thereof
- commercially manuf in quantities not to exceeded 50lbs of black power or less
- statue did not prohibit the possession of explosives (could not lawfully drive anywhere intrastate or interstate with explosives) call license or permittee to get rid of surplus explosives.
-illegal for non permittee to receive explosive
=10yrs
if ATF sell explosive to person prohibited can charge them with
-exception: smokeless powder and some black powder 845(a)
842 (a)(3)
When person receive destructive device not registered with ATF guilty of
26 USC 5861 (d)
-and 842 a3 (if no permit) , 842 i(if prohibited) , 844 d (for bombing)
Person hire a person to commit a bombing can charge them with
attempt 844i
NFA 924c
if two persons = conspiracy 844n
Illegal for a prohibited person to receive explosive shipped or transported in or affecting interstate or foreign commerce,
=10yrs
-exception smokeless power and some black power
842 (i)
illegal to receive destructive device not registered with ATF,
=10 yrs
-manufacture, possession and transfer of illegal unregistered destructive device is prosecuted under
26 USC 5861 d
What statue is for Conspiracy to violate explosive laws
-Intent to bomb property
844n
what statute is attempt to bomb property
ie. Def met UC agent and hired them to blow up their business used in interstate commerce
844 (f) & (i)
What is statute of Destructive Device (DD) 1 Explosives bomb, incendiary bomb, or poison gas bomb, or 2 Any (combination of parts intended to be a weapon) from which a DD can be readily assembled.
WEAPON instrument of offensive or defensive combat, or anything used or designed to be used in destroying, or injuring a person
Destructive Device 18 USC 921 a 4 (A) & (C)
What CFR entails, What destructive device determination =
-A person may ask the ATF Director to rule that an explosive device is not likely to be used as a weapon and therefor not subject to the Gun Control Act or the National Firearms Act
27 CFR 478.27
The US GOV and US allies are major purchasers of legal ____. Legal manufacturers and dealers in _____ must be licensed under the firearms and explosive law and pay special occupation tax of the National Firearm Act. This applies to companies that manuf missiles, bombs, aircraft guns, etc
destructive devices (bombs, missiles, etc)
There are many pipe bomb violations in America. Reason is that smokeless powder and some black powder are exceptions to the ______ ACT. This can be purchased at sporting goods stores for reloading ammo for ignition system firearms: no Federal forms to complete, no info required of the purchaser, no criminal background.
Explosive Control Act
____ are manufactured for lawful purposes, eg mining, construction. In order to conclude commercially made explosive have been redesigned as a destructive device, the government must prove that the defendant had the intent to use the device as a weapon
A . Explosive Control Act
B. Commercial Explosive
C. Smokeless Gun powder ACT
B. Commercial Explosive
What are Hand Grenade, military training grenade, flash bang, pipe bomb, Molotov cocktail, dynamite + blasting caps+ fuse, M-80, Bottle , gasoline, rags an example of A. Nuclear Bombs B. Destructive Devices C. Home Made explosives
B. Destructive Devices
Conspiracy to do a bomb illegal to conspire to commit a Bombing 844(h)= 20yrs
844 m Conspiracy Planning a Bombing (no overt act required)
illegal to conspire to commit other explosive violations penalty same as the offense that was the objective of the conspiracy except death
844 n (No overt act required)
illegal to solicit another person to commit a bombing, penalty is one half of objective crime
373 Solicitation
From 1970 a purchaser of explosive could visit an FEL complete an Explosion Transaction Record, and receive explosive. A ____ were not required therefore it was easy to _____
Criminal Background
Lie and Buy
Since what year _____ a person who intends to acquire explosive must first obtain _______. ATF will cause a criminal background check to be completed. Only then may a person (permittee) visit a licensee and acquire explosive.
2003
Permit from ATF
illegal to withhold information, make false statement, show fake ID in order to obtain explosive from a Federal explosive licensee or to obtain a license, permit exemption or relief from disability from ATF = 10 yrs
842 a (2)
illegal to steal explosive affecting interstate commerce, 10 yrs
844 k Sealing explosives
illegal to steal explosive from licensee/permittee = 10yrs
844(L)
Anyone who discovers the loss of theft of their explosive must report to the ATF and local LEO with in _____ of the discovery or = 1yr
24 hrs
842 k or 844 p = 5 years
illegal for any person to distribute explosive to any person under 21 yrs old or prohibited person = 10yrs
842 (d)
illegal for individual or licensee/ permittee o distribute explosive to no n licensee or non permittee =10yrs
-What are the exceptions
842 (a) (3)(B), 842 (b)
-smokeless powder and some black powder 845 (a)
illegal to transfer explosive knowing it will be used to commit a Federal Crime, =10 yrs mandatory
844(o)
Illegal to receive explosive in interstate of foreign commerce to commit bombing, (attempt) = 10yrs, 20 yrs, life, death
844 (d)
Every bombing will be a ______ or _____ violation
ATF violation NFA not less than 30 years
illegal for individual (non licensee, non permittee) to receive explosive = 10yrs
-exception: smokeless powder and some black powder 845(a)
842 (a)(3)(A)
illegal for prohibited person to possess explosives affecting interstate or foreign-commerce, 10 yrs
842 (i) Prohibited person
illegal to possess stolen explosive which affect interstate commerce- having reason to believe they were stolen = 10yrs
842 (h) stolen explosives
illegal to possess plastic explosive that do not contain detection agents ( exceptions exist)=
10yrs
842 (I)(m)(n)(o) Plastic explosives
illegal to provide material support to terrorist knowing it is for bombing of Federal or business property,
=10yrs
-Lodging, training, expert advice, safe houses, false IDs, communication equipment, weapons, etc
2339A(a) Supporting terrorists
illegal to make destructive device not registered in the National Firearms Registration and Transfer Record, 10yrs
5861 (f) Unregistered Destructive Devices Making Bombs
Illegal to teach or demonstrate the making or use of an explosive, destructive device or weapon of mass destruction with the intent or knowledge it would be used in a Federal crime of violence, 20 yrs
842 (p)(2) Teaching Bomb Making
illegal to transport explosive or bomb in interstate or foreign commerce to commit a bombing (attempt) death penalty
844(d) Transporting Explosives
illegal for individuals ( non licensee or non permittee) to transport explosive anywhere = 10 yrs
-Exceptions smokeless power and some black powder 854 (a)
842 (a)(3)
illegal to mail explosive, death penalty
1716
illegal to possess explosive in FAA airport or Federal building WO written consent = 5 yrs
844(g) Possess on Federal property
Illegal to
a. Willfully make a bomb threat via mail, phone, or instrument of interstate commerce
b. Maliciously make a false bomb threat mail, phone or other instrument commerce, or make
c. bomb threat or false bomb threat in or affecting interstate or foreign commerce = 10yrs
844(e) Bomb threats
A declaration of intention to inflict punishment, loss, or pain on another.
Threat
Illegal to carry/ place explosive on aircraft = 15 yrs.
49 USC 46505 Aircraft
Everything bombing automatically constitutes a violation of
National Firearm Act (NFA)
illegal to possess destructive device not registered in the NFRTR = 10 yrs
5861 (d)
Illegal to use carry or possess a destructive device to commit a Federal crime of violence or Federal drug trafficking felony, = 30 yrs to death
924(c) Gun control act
illegal to maliciously damage or destroy by explosive any building, vehicle, personal or other real property of the US (attempt included) = 5-7 yrs, injury 7-40 yrs, murder up to death penalty
statue of limitations = 10 yrs unless murder = no limitations
-844(f)
illegal to receive destructive device not registered with ATF, 10 yrs
-exceptions s
-
illegal manufacturing and Dealing
illegal to engage in the business of importing, manufacturing or dealing in explosive without an ATF license, 10 yrs
Illegal manufacturing and Dealing 842 (a) (1)
Explosive investigations, bombings, attempted bombings, and thefts are ATFs
highest priority
Approve explosive approved by DOT will have a
EX number (year, month, sequence number)
Hazardous Substance Act
Illegal to introduce or deliver for introduction into interstate commerce a banned hazardous substance, or received in interstate commerce any banned hazardous substance
15 USC 1263
-Fireworks devices intended to produce audible effects including but not limited to cherry bombs, M-80 salutes, silver salutes, and other large firecrackers, aerial bombs, and other fireworks designed to produce audible effect is produced by a charge of more than two grains of pyrotechnic composition.
16 CFR 1500. 17 section (a)(3) Banned substance
M-80 are manufactured with approx 50 grains of powder. BC of the potential risk for serious injury, ______ has approved the manufacture, dealing or possession of M-80 or above. Therefore ATF has _____to make or dal in M-80 or higher
-Exception who can legally have these _______ Department of the Interior or equivalent State or local government agencies.
no state
no issued license
-Wildlife management program for pest control
It is illegal to store explosives not in conformity with ATF regulations, = 1yr misdemeanor
842(j)
M-80 by itself is not a ____ It is designed to make noise. However it can be redesigned to a ____ which could make it a ____
destructive device
- weapon
- destructive device
Hazmat civil penalty of up to _____ for violations
$1, 250, 000
What two statues are the manufacture, possession and transfer of illegal unregistered destructive devices is prosecuted
5861 and
924(c)
Exception to the Explosive Control Act
- small arms ammunition and components thereof (smokeless powder)
- commercially made black power not to exceed 50 lbs, solely for sporting, recreation or cultural purposes in antique ignition system FA
845(a) exception to the Explosive Control Act
If a person is prohibited and acquires smokeless powder (ammunition) affecting interstate commerce he can be charged with ____
922 (g)
If a prohibited person acquire black powder for an antique firearm to protect his illegal drug business, but no 922g violation:
-antique firearm not GCA what can he be charged with
842(i) Prohibited person
Who made the ruling that a prohibited person may be employed to transport, ship, receive and posses explosive incident to and in connection with the commercial transportation of explosive by mother carrier, water, air/rail
DOT-TSA
T/F a M-21 training grenade body, reloaded with smokeless powder + fuse= destructive device
True
T/F a grenade shells, fuses, powder= Destructive Device even tho they were not assemble, only in parts.
True if not powder was present would be no
T/F Commercial explosives + intent to use as a weapon is not destructive device under NFA
True it is a military type bomb, must add gasoline to it to make a DD
T/F Is this a DD a 1/2” by 4” PVC pipes/ end caps, half filled with black powder, intent to make firecracker
False, no criminal intent
Many federal crimes occur in the process of ____, ____, ____, and transporting it to the target
planning a bombing
obtaining the explosive
making the bomb
Illegal to conspire to use a weapon of mass destruction, death
2332a (not on test)
illegal for individual (non licensee, non permittee) to receive explosives
=10yrs
Exception smokeless powder and some black powder 845(a)
842(a)(3)(A)
illegal to maliciously damage or destroy by explosives any building, vehicle, or other real or personal property used in interstate or foreign commerce, attempt included
- 5-20 yrs, injury 7-40 yrs, death up to death penalty, statute of limitations are, 10 yrs unless murder (no limitations)
ie. business property, rental residential property (duplex, apartment, motel, hotel)
844i
illegal to use explosive to commit any federal felony
- 1st offense, mandatory 10 yrs, 2nd offense, mandatory 20 yrs.
- statue of limitation = 10 yrs.
844 (h)(1)
illegal to carry explosives during the commission of any federal felony
844 (h)(2) penalties same as (h)(1)
