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Exam 4 Risk & High Risk Vehicle Stop > SABT 6 B Explosive Criminal Violations > Flashcards

SABT 6 B Explosive Criminal Violations Flashcards

0
Q

2 ID criminal violations that occur in UC explosive stings.

A

-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

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1
Q

1 ID criminal violations illegal to engage in the business of importing manufacturing and dealing in explosive (eg M-80s, stolen explosives)

A

-842(a) (1) illegal to engage in business of importing, manufacturing or dealing in explosive Wo and ATF license, 10 yrs

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2
Q

-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

A

-844 (d) Intent to kill via explosives

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4
Q

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.

A

18 USC 921 (a)(4) (A) &(C) Destructive device i.e flash bangs

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5
Q

3 ID illegal destructive device

A

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 (
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7
Q

4 ID violations regarding preparation for bombing: Planning, acquistion of explosive, hoarding explosives, making bombs and transporting to targets.

A

-844h illegal to use or carry explosive to commit any federal felony
= 10 yrs, 2nd =20 yrs (10 yr statue of Limitation)

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8
Q
  • Explosives manufactured or imported must be first approved by ___
  • Explosive transported for business must have ___
  • must not travel in ____ or ___
A

DOT = Dept of Transportation = 1st line of defense in America

  • labels and vehicle placards
  • cities or bridges
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9
Q

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

A

15 USC 1263 Hazardous Substance Act

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10
Q

5 ID violations of Bombing: Federal property, business property, property receiving Federal financial assistance; and using/carrying explosive or bombs to commit Federal felonies

A

-844 (f)

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11
Q

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?
A

M-80

-alone are not destructive device (can be redesigned to be a destructive device)

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12
Q

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

A

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.
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13
Q

-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)

A

842 (a)(3)

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14
Q

When person receive destructive device not registered with ATF guilty of

A

26 USC 5861 (d)

-and 842 a3 (if no permit) , 842 i(if prohibited) , 844 d (for bombing)

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15
Q

Person hire a person to commit a bombing can charge them with

A

attempt 844i
NFA 924c
if two persons = conspiracy 844n

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16
Q

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

A

842 (i)

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17
Q

illegal to receive destructive device not registered with ATF,
=10 yrs
-manufacture, possession and transfer of illegal unregistered destructive device is prosecuted under

A

26 USC 5861 d

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18
Q

What statue is for Conspiracy to violate explosive laws

-Intent to bomb property

A

844n

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19
Q

what statute is attempt to bomb property

ie. Def met UC agent and hired them to blow up their business used in interstate commerce

A

844 (f) & (i)

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20
Q 
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

A

Destructive Device 18 USC 921 a 4 (A) & (C)

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21
Q

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

A

27 CFR 478.27

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22
Q

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

A

destructive devices (bombs, missiles, etc)

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23
Q

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.

A

Explosive Control Act

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24
Q

____ 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

A

B. Commercial Explosive

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25
Q 
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
A

B. Destructive Devices

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26
Q

Conspiracy to do a bomb illegal to conspire to commit a Bombing 844(h)= 20yrs

A

844 m Conspiracy Planning a Bombing (no overt act required)

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27
Q

illegal to conspire to commit other explosive violations penalty same as the offense that was the objective of the conspiracy except death

A

844 n (No overt act required)

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28
Q

illegal to solicit another person to commit a bombing, penalty is one half of objective crime

A

373 Solicitation

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29
Q

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 _____

A

Criminal Background

Lie and Buy

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30
Q

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.

A

2003

Permit from ATF

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31
Q

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

A

842 a (2)

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32
Q

illegal to steal explosive affecting interstate commerce, 10 yrs

A

844 k Sealing explosives

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33
Q

illegal to steal explosive from licensee/permittee = 10yrs

A

844(L)

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34
Q

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

A

24 hrs

842 k or 844 p = 5 years

35
Q

illegal for any person to distribute explosive to any person under 21 yrs old or prohibited person = 10yrs

A

842 (d)

36
Q

illegal for individual or licensee/ permittee o distribute explosive to no n licensee or non permittee =10yrs
-What are the exceptions

A

842 (a) (3)(B), 842 (b)

-smokeless powder and some black powder 845 (a)

37
Q

illegal to transfer explosive knowing it will be used to commit a Federal Crime, =10 yrs mandatory

A

844(o)

38
Q

Illegal to receive explosive in interstate of foreign commerce to commit bombing, (attempt) = 10yrs, 20 yrs, life, death

A

844 (d)

39
Q

Every bombing will be a ______ or _____ violation

A

ATF violation NFA not less than 30 years

40
Q

illegal for individual (non licensee, non permittee) to receive explosive = 10yrs
-exception: smokeless powder and some black powder 845(a)

A

842 (a)(3)(A)

41
Q

illegal for prohibited person to possess explosives affecting interstate or foreign-commerce, 10 yrs

A

842 (i) Prohibited person

42
Q

illegal to possess stolen explosive which affect interstate commerce- having reason to believe they were stolen = 10yrs

A

842 (h) stolen explosives

43
Q

illegal to possess plastic explosive that do not contain detection agents ( exceptions exist)=
10yrs

A

842 (I)(m)(n)(o) Plastic explosives

44
Q

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

A

2339A(a) Supporting terrorists

45
Q

illegal to make destructive device not registered in the National Firearms Registration and Transfer Record, 10yrs

A

5861 (f) Unregistered Destructive Devices Making Bombs

46
Q

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

A

842 (p)(2) Teaching Bomb Making

47
Q

illegal to transport explosive or bomb in interstate or foreign commerce to commit a bombing (attempt) death penalty

A

844(d) Transporting Explosives

48
Q

illegal for individuals ( non licensee or non permittee) to transport explosive anywhere = 10 yrs
-Exceptions smokeless power and some black powder 854 (a)

A

842 (a)(3)

49
Q

illegal to mail explosive, death penalty

A

1716

50
Q

illegal to possess explosive in FAA airport or Federal building WO written consent = 5 yrs

A

844(g) Possess on Federal property

51
Q

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

A

844(e) Bomb threats

52
Q

A declaration of intention to inflict punishment, loss, or pain on another.

A

Threat

53
Q

Illegal to carry/ place explosive on aircraft = 15 yrs.

A

49 USC 46505 Aircraft

54
Q

Everything bombing automatically constitutes a violation of

A

National Firearm Act (NFA)

55
Q

illegal to possess destructive device not registered in the NFRTR = 10 yrs

A

5861 (d)

56
Q

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

A

924(c) Gun control act

57
Q

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

A

-844(f)

58
Q

illegal to receive destructive device not registered with ATF, 10 yrs
-exceptions s

A

-

59
Q

illegal manufacturing and Dealing

illegal to engage in the business of importing, manufacturing or dealing in explosive without an ATF license, 10 yrs

A

Illegal manufacturing and Dealing 842 (a) (1)

116
Q

Explosive investigations, bombings, attempted bombings, and thefts are ATFs

A

highest priority

117
Q

Approve explosive approved by DOT will have a

A

EX number (year, month, sequence number)

118
Q

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

A

15 USC 1263

119
Q

-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.

A

16 CFR 1500. 17 section (a)(3) Banned substance

120
Q

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.

A

no state
no issued license

-Wildlife management program for pest control

121
Q

It is illegal to store explosives not in conformity with ATF regulations, = 1yr misdemeanor

A

842(j)

122
Q

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 ____

A

destructive device

  • weapon
  • destructive device
123
Q

Hazmat civil penalty of up to _____ for violations

A

$1, 250, 000

124
Q

What two statues are the manufacture, possession and transfer of illegal unregistered destructive devices is prosecuted

A

5861 and

924(c)

125
Q

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
A

845(a) exception to the Explosive Control Act

126
Q

If a person is prohibited and acquires smokeless powder (ammunition) affecting interstate commerce he can be charged with ____

A

922 (g)

127
Q

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

A

842(i) Prohibited person

128
Q

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

A

DOT-TSA

129
Q

T/F a M-21 training grenade body, reloaded with smokeless powder + fuse= destructive device

A

True

130
Q

T/F a grenade shells, fuses, powder= Destructive Device even tho they were not assemble, only in parts.

A

True if not powder was present would be no

131
Q

T/F Commercial explosives + intent to use as a weapon is not destructive device under NFA

A

True it is a military type bomb, must add gasoline to it to make a DD

132
Q

T/F Is this a DD a 1/2” by 4” PVC pipes/ end caps, half filled with black powder, intent to make firecracker

A

False, no criminal intent

133
Q

Many federal crimes occur in the process of ____, ____, ____, and transporting it to the target

A

planning a bombing
obtaining the explosive
making the bomb

134
Q

Illegal to conspire to use a weapon of mass destruction, death

A

2332a (not on test)

135
Q

illegal for individual (non licensee, non permittee) to receive explosives
=10yrs
Exception smokeless powder and some black powder 845(a)

A

842(a)(3)(A)

136
Q

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)
A

844i

137
Q

illegal to use explosive to commit any federal felony

  • 1st offense, mandatory 10 yrs, 2nd offense, mandatory 20 yrs.
  • statue of limitation = 10 yrs.
A

844 (h)(1)

138
Q

illegal to carry explosives during the commission of any federal felony

A

844 (h)(2) penalties same as (h)(1)

Exam 4 Risk & High Risk Vehicle Stop (21 decks)

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