C. Explosives: 1. Definitions 2. License necessary for manufacture of explosives and for possession of more than 5 lbs. of explosives. Persons must apply to the "licensing authority" of the city or town where they are to be manufactured or used. Licenses are to be issued unless the applicant has been convicted of a crime of moral turpitude, or is disloyal to the United States. 3. Same requirements for dealers' licenses. 4. Manufacturers and dealers in explosives must keep records of transactions, which are open to inspection by all law enforcement officers. 5. Reports mentioned above are made to the authority which issued the license. 6. Penalty for violation of these provisions: imprisonment for not more than six months and/or a fine of not more than $1000. 7. Safety regulations for magazines. 8. Loss or theft of explosives must be reported to the licensing authority. D. Cities and towns may enact ordinances relating to explosives. SOUTH CAROLINA-CODE OF LAWS OF SOUTH CAROLINA A. State Fire Marshal is to enforce ordinances of the state, cities, towns, etc., relating to explosives and may order the correction of conditions. B. Explosives may be kept in towns only in such quantities as will not increase the insurance rates on any property affected thereby. (47-1159) C. Unlawful to sell, dispose of, explosives unless the dealer knows the purchaser and is satisfied that the explosives are not to be used for killing fish, and then only upon written application, stating the purpose for which the explosives are to be used. Records are to be kept of transactions, and quarterly reports made to the city auditor. Reports contain race of purchaser. Penalty for violation of these provisions: fine of not more than $100 and/or not more than 30 days imprisonment. (66-4) SOUTH DAKOTA-SOUTH DAKOTA COMPILED LAWS (Generally, 34-36-1 et seq.) A. Unlawful to sell dynamite or high explosives, except ordinary gunpowder to anyone unknown to the seller, or unless introduced by someone known to the seller. Records are to be kept; failure to do so constitutes a misdemeanor. B. Fireworks-license required for sale. TENNESSEE-TENNESSEE CODE ANNOTATED A. Governing bodies of incorporated municipalities may authorize the building of safety magazines. B. Section 51-318: "Nothing herein contained shall be construed as requiring a license for the privilege of selling and/or distributing gunpowder, dynamite, nitroglycerin, or caps." C. Corporate authorities of cities and towns may designate places of storage for explosives, prescribe rules and regulations for the same. (53-2301, 53-2302) D. Fireworks-permits necessary. TEXAS-VERNON'S TEXAS STATUTES ANNOTATED A. City councils are empowered to prohibit, direct and control the keeping and management for storage of explosives. B. When the militia is on active duty, the commanding officer may order the closing of places where explosives are sold. C. Unlawful to manufacture, store or possess bombs. Punishable as a felony, by imprisonment for 5-25 years and/or a fine of $1000-$10,000. Persons found with component part of a bomb, with intent of combining it with substances or other components that will make it capable of explosion or combustion are guilty of violation of the Act. (Penal Code, Art. 1723) UTAH UTAH CODE ANNOTATED (General, 76-18-1 et seq.) A. Cities and towns may regulate the storage of explosives. (10-8-56) Counties may regulate the storage of explosives. (17-5-36) B. Fireworks—unlawful except with permit for public display. 1. Misdemeanor to make or keep explosives within a town. 2. Containers must be marked with name of manufacturer, date of manufacture, percentage of explosive contained. 3. If the life or safety of a human being is endangered by explosion of gunpowder or other explosive substance, the penalty is not more than 10 years imprisonment. 4. "Infernal machine" (bomb) defined. Construction of, or possession of an "infernal machine" with intent to injure another in his perosn or property is guilty of a felony; punishable by imprisonment for not more than 5 years. VERMONT-VERMONT STATUTES ANNOTATED A. Willful and malicious injury caused by explosion is punishable by a fine of not more than $1000 and/or not more than 20 years imprisonment. B. State Fire Marshal may make regulations relating to explosives; he or sheriffs may seize such articles as are in violation of law. (20-3021) C. Persons who keep explosives or permit them to be kept in violation of restrictions may be fined $25. D. Unlawful to transport explosives on a common carrier where passengers are transported. Violation is punishable by not more than 18 months imprisonment and/or a fine of not more than $2000. If death or bodily injury results, the person who violated these provisions may be imprisoned for not more than 10 years. (20-3061-20-3065) E. Fireworks-unlawful except with permit for display. F. Incorporated villages may enact bylaws relating to the manufacture and safekeeping of explosives and combustibles. (20-1310) VIRGIN ISLANDS-VIRGIN ISLANDS CODE ANNOTATED (Generally, T. 23, 711-715) A. Unlawful to discharge explosives. B. Permit from Commissioner of Public Safety is required for the possession, keeping, use, storage, or transportation of explosives. Manufacture is prohibited. C. Manufacture of fireworks is prohibited. Permits for display and sale of such fireworks as are not prohibited. VIRGINIA-CODE OF VIRGINIA A. Possession of materials with which fire bombs can be made, with intent to make a fire bomb, or to manufacture, distribute, possess or use a firebomb, is unlawful, punishable by 1-5 years imprisonment. (18. 1-78.6) Possession of explosive devices or substances in the vicinity of certain structures is prima facie evidence of an intent to commit such an offense. (18.1-81.1) B. Cities and towns may regulate the keeping of gunpowder and other combustibles and provide magazines. (15.1-14) C. Municipal corporations may regulate or prohibit the manufacture, storage, transportation, possession and use of explosive substances. (15.1-865) D. Safety Codes Commission (40-20 et seq.): 1. May adopt, alter, amend, repeal rules relating to explosives. 2. Manufacturers must register with the Commission. 3. Definition of explosives. 4. Permit must be obtained from the Department of Labor and Industry for the manufacture, storage, handling, use, and sale of explosives. Permits are non-transferable. Must be 21 years of age or over. Penalty for each day of violation of these provisions: fine of $25-$100. E. Fireworks regulations (59-24-59-219).1 F. No sales to persons under the age of 21 years. (59-223) 1 H. Penalties for violation of 59-223-59-226.1 1 1 N.B. Volume 9 of Code of Virginia, containing section 59-214 et seq., has been missing from available sources in the Department of Justice for two months, and these provisions are not contained in the section of Virginia explosives statutes. WASHINGTON-REVISED CODE OF WASHINGTON ANNOTATED A. Definitions. (Generally, 70.74.010 et seq.) B. Director of the Department of Labor and Industry is empowered to make rules and regulations relating to explosives. C. No sales to persons under the age of 21 years. D. Storage requirements. E Manufacturers must obtain a license from the Department, which continues in full force and effect until surrendered or cancelled. F. Storage reports must be made to the Department. License is necessary for storage, on same terms as above. G. Dealers must obtain licenses from the Department, which may be cancelled for any cause that would prevent their issuance. Must keep records of all sales and purchases. H. No person, except one authorized to do so by the owner, or law enforcement authorities, may enter a place containing explosives. I. Possession of bombs or explosive devices with intent to use unlawfully is punishable by imprisonment for 5-25 years. J. Except as otherwise provided, violations of these provisions are punishable by 5-25 years imprisonment. K. Endangering life or property with explosives is punishable by not more than 25 years in prison. L. Keeping explosives in violation of an ordinance and endangering another is punishable as a gross misdemeanor. M. Fireworks—strict regulation; licenses for certain acts. WEST VIRGINIA-WEST VIRGINIA CODE A. Municipalities may regulate the keeping of gunpowder and other combustibles. B. Defined in traffic regulations. (17C-1-24) C. Some safety regulations for mines. D. State Fire Marshall may make and promulgate rules and regulations relating to the storage, transportation and use of explosives. (29-3-4A). E. Fireworks are unlawful except as provided by statute. WISCONSIN-WEST'S WISCONSIN STATUTES ANNOTATED A. Town boards of supervisors are empowered and required to establish a fire department, which is to regulate the storage of gunpowder and other dangerous materials. (60.29) B. Fireworks generally, prohibited except for public displays. C. Possession, manufacture, sale, offer of sale, giving, or transfer of Molotov Cocktails is punishable by a fine of not more than $500 and/or imprisonment for not more than 6 months. (643.06) WYOMING WYOMING STATUTES A. All cities and towns may regulate, restrain and prevent the storage, use and transportation of gunpowder and high explosives. (15.1-3) B. Explosives are to be stored, transported, handled and used in a manner prescribed by approved safety standards. (30-78) C. Fireworks—prohibited except with permit for public displays. Mr. RODINO. Mr. Chairman, may I ask a question? The CHAIRMAN. Yes. Mr. RODINO. Mr. Wilson, in your prepared statement, I note that you refer to 130 evacuations due to bomb threats. Existing section 837 of title 18, United States Code, covers the situation of bomb threats. Of those 130 evacuations that took place, how many arrests were made and how many prosecutions occurred under section 837? Mr. WILSON. I would think very few. I will have to get those figures for you. Most of those are anonymous threats, and most of them don't occur. For instance, we have had some of those down at the Justice Building. We haven't evacuated the building but we put on special guards when we get an anonymous threat over the telephone. I would guess that there have been very few prosecutions under that. Mr. RODINO. I know that in our Federal building in Newark, where I have my district office, we have had at least 12 evacuations. That is a considerable number. Mr. WILSON. Yes, it is a very expensive thing to stop all that work. Mr. RODINO. Yes. Do you think that the administration bill, as drafted, would any more effectively deal with this situation? Do you think that the present detection systems are adequate for the kind of enforcement required to deal with bomb scares? Mr. WILSON. The central problem of evaluating these threats and knowing when to take them seriously and evacuate, and then trying to detect who did it is not going to be solved by anything you can put on paper. That is a matter, of course, of judgment. I should think anything we could do by putting words on paper that can buttress the situation would be desirable, although the problem of detecting an anonymous threat and evaluating it is still going to be with us. Mr. RODINO. Yes. I understand that. That is the reason why I am wondering how H.R. 16699 would deal with situations like this. Do you feel that this section that is in H.R. 16699 will deal more effectively with this kind of situation? Mr. WILSON. I think it would be better to have the section than not have it. I don't think it is going to bring about any great change in the judgment process involved although it would be better to have it than not have it. Mr. RODINO. I agree with you there. But I wonder whether or not the changes proposed would cover those situations which we have already been confronted with, where we haven't been able to do anything? Mr. WILSON. The main difference, Mr. Congressman, is that the present statute has a fairly restrictive approach of requiring proof of the purpose of the threat, and this removes from the statute the restriction of proving his motive or purpose, and in a sense broadens the statute if you can find him and catch him. This statute makes it easier. It is easy to prosecute, but it won't help catch him. Mr. RODINO. That is the problem. Mr. Wilson, subsection (f) of section 837, as proposed by H.R. 16699, applies to structures used "for business purposes." I am a little bit in the dark. Would this section and these words cover the bombing of police stations? Would they cover the bombing of a private home? Just what would new section 837 (f) cover? Mr. WILSON. I don't believe it would cover either public buildings or private homes under normal use, but what this is designed for is the business office, where the business is in interstate commerce, giving the Federal Government a basis for jurisdiction. It is to broaden the thing, to get at such things as the bombing of business offices in New York City, where the business is in interstate commerce. Mr. RODINO. Would it apply to the bombing of churches, synagogues, or religious edifices? Mr. WILSON. I don't think so. The CHAIRMAN. Mr. Wilson, I ask you to look at pages 4 and 5 of H.R. 16699; line 25 on page 4, and then lines 1 to 3 on page 5 which read: Whoever possesses an explosive with the knowledge or intent that such explosive will be transported or used in volation of this section shall be imprisoned for not more than five years or fined not more than $5,000, or both. How are you going to enforce provisions against mere possession? Mr. WILSON. As I would visualize the effectiveness of that particular provision, it would catch people who assisted in the preparation of a bomb, but didn't go with the bombers. For instance, I can think of one situation, which I cannot disclose, where a bomb was prepared with a number of people working on it, and then they put it in a car, and two of them were in the car when the thing went off, but there were a number of people who assisted in the preparation of it, where you might prove possession with intent, but you couldn't prove other elements of the crime. The CHAIRMAN. Under present-day circumstances as I understand it, anyone can buy explosives freely anywhere in a majority of the States. There are virtually no prohibitions against the purchase of explosives. Mr. WILSON. Certainly dynamite. The CHAIRMAN. That explosive could be fashioned in some manner to make it a bomb. On the other hand, a man may want to use such explosives for legal purposes, and if he carries it, how could the Department of Justice determine his intent? How could it distinguish between lawful and unlawful intent by mere possession? Mr. WILSON. The restrictions now on the determination of intent under the so-called travel act to incite a riot are difficult to meet. We have to have something in the way of evidence of the formation of the intent prior to the inception of the travel, and we cannot simply use acts that occurred after they got there, and presume backward that they had formed that intent before they left. When you get into this, the restrictions that the courts have put around the proof of the formation of intent are fairly strict. The CHAIRMAN. You don't use the word "bombing." You just use the word "explosive." Let me point this out to you. As I understand it, one can buy explosives easily almost anywhere, and there is little or no regulation of the purchase or transfer of explosives. The Legislative Reference Service of the Library of Congress in a survey of State explosives laws informs us of the following: "It is felt that the following States do not have general statutory restrictions on the sale or transfer of explosives: "Alabama, Alaska, Arkansas, Colorado, Delaware, the District of Columbia, Idaho, Iowa, Indiana, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wisconsin." Thus 31 States and the District of Columbia apparently have practically no regulations concerning the sale and transfer of explosives. What will this bill do with reference to those States? Mr. WILSON. Well, it will The CHAIRMAN. You don't regulate sale, transfer, or other disposition by a system of licensing or anything like that in the Administration's bill. Mr. WILSON. No; it doesn't set up the regulatory process for distribution of explosives in this bill, but what this particular provision |