Section 1241. Definitions
As used in this chapter -
(a) The term interstate commerce means commerce between any
State, Territory, possession of the United States, or the District
of Columbia, and any place outside thereof.
(b) The term switchblade knife means any knife having a blade
which opens automatically -
(1) by hand pressure applied to a button or other device in the
handle of the knife, or
(2) by operation of inertia, gravity, or both.
Section 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty
Whoever knowingly introduces, or manufactures for introduction,
into interstate commerce, or transports or distributes in
interstate commerce, any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.
Section 1243. Manufacture, sale, or possession within specific jurisdictions; penalty
Whoever, within any Territory or possession of the United States,
within Indian country (as defined in section 1151 of title 18), or
within the special maritime and territorial jurisdiction of the
United States (as defined in section 7 of title 18), manufactures,
sells, or possesses any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.
Section 1244. Exceptions
Sections 1242 and 1243 of this title shall not apply to -
(1) any common carrier or contract carrier, with respect to any
switchblade knife shipped, transported, or delivered for shipment
in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution,
possession, or introduction into interstate commerce, of
switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting
in the performance of his duty; or
(4) the possession, and transportation upon his person, of any
switchblade knife with a blade three inches or less in length by
any individual who has only one arm.
Section 1245. Ballistic knives
(a) Prohibition and penalties for possession, manufacture, sale, or
importation
Whoever in or affecting interstate commerce, within any Territory
or possession of the United States, within Indian country (as
defined in section 1151 of title 18), or within the special
maritime and territorial jurisdiction of the United States (as
defined in section 7 of title 18), knowingly possesses,
manufactures, sells, or imports a ballistic knife shall be fined as
provided in title 18, or imprisoned not more than ten years, or
both.
(b) Prohibition and penalties for possession or use during
commission of Federal crime of violence
Whoever possesses or uses a ballistic knife in the commission of
a Federal crime of violence shall be fined as provided in title 18,
or imprisoned not less than five years and not more than ten years,
or both.
(c) Exceptions
The exceptions provided in paragraphs (1), (2), and (3) of
section 1244 of this title with respect to switchblade knives shall
apply to ballistic knives under subsection (a) of this section.
(d) Ballistic knife defined
As used in this section, the term ballistic knife means a
knife with a detachable blade that is propelled by a
spring-operated mechanism.
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United States Code TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 83 - POSTAL SERVICE
Section 1716. Injurious articles as nonmailable
(a) All kinds of poison, and all articles and compositions
containing poison, and all poisonous animals, insects, reptiles,
and all explosives, inflammable materials, infernal machines, and
mechanical, chemical, or other devices or compositions which may
ignite or explode, and all disease germs or scabs, and all other
natural or artificial articles, compositions, or material which may
kill or injure another, or injure the mails or other property,
whether or not sealed as first-class matter, are nonmailable matter
and shall not be conveyed in the mails or delivered from any post
office or station thereof, nor by any officer or employee of the
Postal Service.
(b) The Postal Service may permit the transmission in the mails,
under such rules and regulations as it shall prescribe as to
preparation and packing, of any such articles which are not
outwardly or of their own force dangerous or injurious to life,
health, or property.
(c) The Postal Service is authorized and directed to permit the
transmission in the mails, under regulations to be prescribed by
it, of live scorpions which are to be used for purposes of medical
research or for the manufacture of antivenom. Such regulations
shall include such provisions with respect to the packaging of such
live scorpions for transmission in the mails as the Postal Service
deems necessary or desirable for the protection of Postal Service
personnel and of the public generally and for ease of handling by
such personnel and by any individual connected with such research
or manufacture. Nothing contained in this paragraph shall be
construed to authorize the transmission in the mails of live
scorpions by means of aircraft engaged in the carriage of
passengers for compensation or hire.
(d) The transmission in the mails of poisonous drugs and
medicines may be limited by the Postal Service to shipments of such
articles from the manufacturer thereof or dealer therein to
licensed physicians, surgeons, dentists, pharmacists, druggists,
cosmetologists, barbers, and veterinarians under such rules and
regulations as it shall prescribe.
(e) The transmission in the mails of poisons for scientific use,
and which are not outwardly dangerous or of their own force
dangerous or injurious to life, health, or property, may be limited
by the Postal Service to shipments of such articles between the
manufacturers thereof, dealers therein, bona fide research or
experimental scientific laboratories, and such other persons who
are employees of the Federal, a State, or local government, whose
official duties are comprised, in whole or in part, of the use of
such poisons, and who are designated by the head of the agency in
which they are employed to receive or send such articles, under
such rules and regulations as the Postal Service shall prescribe.
(f) All spirituous, vinous, malted, fermented, or other
intoxicating liquors of any kind are nonmailable and shall not be
deposited in or carried through the mails.
(g) All knives having a blade which opens automatically (1) by
hand pressure applied to a button or other device in the handle of
the knife, or (2) by operation of inertia, gravity, or both, are
nonmailable and shall not be deposited in or carried by the mails
or delivered by any officer or employee of the Postal Service. Such
knives may be conveyed in the mails, under such regulations as the
Postal Service shall prescribe -
(1) to civilian or Armed Forces supply or procurement officers
and employees of the Federal Government ordering, procuring, or
purchasing such knives in connection with the activities of the
Federal Government;
(2) to supply or procurement officers of the National Guard,
the Air National Guard, or militia of a State ordering,
procuring, or purchasing such knives in connection with the
activities of such organizations;
(3) to supply or procurement officers or employees of any
State, or any political subdivision of a State or Territory,
ordering, procuring, or purchasing such knives in connection with
the activities of such government; and
(4) to manufacturers of such knives or bona fide dealers
therein in connection with any shipment made pursuant to an order
from any person designated in paragraphs (1), (2), and (3).
The Postal Service may require, as a condition of conveying any
such knife in the mails, that any person proposing to mail such
knife explain in writing to the satisfaction of the Postal Service
that the mailing of such knife will not be in violation of this
section.
(h) Any advertising, promotional, or sales matter which solicits
or induces the mailing of anything declared nonmailable by this
section is likewise nonmailable unless such matter contains
wrapping or packaging instructions which are in accord with
regulations promulgated by the Postal Service.
(i)(1) Any ballistic knife shall be subject to the same
restrictions and penalties provided under subsection (g) for knives
described in the first sentence of that subsection.
(2) As used in this subsection, the term ballistic knife
means a knife with a detachable blade that is propelled by a
spring-operated mechanism.
Whoever knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail, according to the direction thereon,
or at any place at which it is directed to be delivered by the
person to whom it is addressed, anything declared nonmailable by
this section, unless in accordance with the rules and regulations
authorized to be prescribed by the Postal Service, shall be fined
under this title or imprisoned not more than one year, or both.
Whoever knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail, according to the direction thereon
or at any place to which it is directed to be delivered by the
person to whom it is addressed, anything declared nonmailable by
this section, whether or not transmitted in accordance with the
rules and regulations authorized to be prescribed by the Postal
Service, with intent to kill or injure another, or injure the mails
or other property, shall be fined not more than $10,000 or
imprisoned not more than twenty years, or both.
Whoever is convicted of any crime prohibited by this section,
which has resulted in the death of any person, shall be subject
also to the death penalty or to imprisonment for life.
(j) For purposes of this section, the term State includes a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
Section 1716 - Notes
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 781; May 8, 1952, ch. 246, 66
Stat. 67; June 29, 1955, ch. 224, 69 Stat. 191; Pub. L. 85-268,
Sept. 2, 1957, 71 Stat. 594; Pub. L. 85-623, Sec. 5, Aug. 12, 1958,
72 Stat. 562; Pub. L. 91-375, Sec. 6(j)(25), Aug. 12, 1970, 84
Stat. 779; Pub. L. 92-191, Sec. 1, Dec. 15, 1971, 85 Stat. 647;
Pub. L. 99-570, title X, Sec. 10003, Oct. 27, 1986, 100 Stat.
3207-167; Pub. L. 103-322, title VI, Sec. 60003(a)(7), title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 1969, 2147;
Pub. L. 104-294, title VI, Sec. 607(g), Oct. 11, 1996, 110 Stat.
3511.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 340 (Mar. 4, 1909. ch.
321, Sec. 217, 35 Stat. 1131; May 25, 1920, ch. 196, 41 Stat. 620;
Jan. 11, 1929, ch. 53, 45 Stat. 1072; June 19, 1934, ch. 650, 48
Stat. 1063).
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of principal in section 2 of
this title.
The maximum of twenty years was reduced to ten years as
more consistent with such comparable sections as sections 111 and
1113 of this title.
Minor changes were made in phraseology.
AMENDMENTS
1996 - Subsec. (g)(2). Pub. L. 104-294, Sec. 607(g)(1),
substituted State for State, Territory, or the District of
Columbia.
Subsec. (g)(3). Pub. L. 104-294, Sec. 607(g)(2), which directed
substitution of any State, or any political subdivision of a
State for the municipal government of the District of Columbia
or of the government of any State or territory, or any county,
city, or other political subdivision of a State, was executed by
making the substitution in text which contained the word
Territory rather than territory, to reflect the probable
intent of Congress.
Subsec. (j). Pub. L. 104-294, Sec. 607(g)(3), added subsec. (j)
at end.
1994 - Pub. L. 103-322, Sec. 330016(1)(H), substituted fined
under this title for fined not more than $1,000 in first
undesignated par. after subsec. (i).
Pub. L. 103-322, Sec. 60003(a)(7), in last par., struck out
before period at end , if the jury shall in its discretion so
direct, or, in the case of a plea of guilty, or a plea of not
guilty where the defendant has waived a trial by jury, if the court
in its discretion, shall so order.
1986 - Subsec. (i). Pub. L. 99-570 added subsec. (i).
1971 - Subsecs. (a) to (g). Pub. L. 92-191 designated existing
seven paragraphs preceding the penal provisions as subsecs. (a) to
(g), respectively.
Subsec. (h). Pub. L. 92-191 added subsec. (h).
1970 - First par. Pub. L. 91-375, Sec. 6(j)(25)(B)(ii),
substituted officer or employee of the Postal Service for
letter carrier.
Second par. Pub. L. 91-375, Sec. 6(j)(25)(A), substituted
Postal Service and it shall prescribe for Postmaster
General and he shall prescribe.
Third par. Pub. L. 91-375, Sec. 6(j)(25)(A), substituted
Postal Service for Postmaster General in two places,
prescribed by it for prescribed by him, antivenom for
antivenin, necessary or desirable for necessary or
advisable, and Postal Service personnel for Post Office
Department personnel.
Fourth par. Pub. L. 91-375, Sec. 6(j)(25)(A), substituted
Postal Service and it shall prescribe for Postmaster
General and he shall prescribe, respectively, and struck out
the comma after veterinarians.
Fifth par. Pub. L. 91-375 Sec. 6(j)(25)(B)(i) substituted
Postal Service for Postmaster General in two places.
Seventh par. Pub. L. 91-375, Sec. 6(j)(25)(B)(i), (iii),
substituted Postal Service for Postmaster General in three
places, and officer or employee of the Postal Service for
postmaster, letter carrier, or other person in the postal
service, respectively.
Eighth to tenth pars. Pub. L. 91-375, Sec. 6(j)(25)(B)(i),
substituted Postal Service for Postmaster General.
1958 - Pub. L. 85-623 inserted paragraph prohibiting mailing of
switchblade knives except in connection with Armed Forces or other
Government orders.
1957 - Pub. L. 85-268 reduced penalty from two to one year for
mailing nonmailable articles; increased penalty from ten to twenty
years for mailing nonmailable matter with intent to kill or injure
another or injure the mails or other property but where death does
not result; and provided death penalty or life imprisonment for
mailing nonmailable matter resulting in death.
1955 - Act June 29, 1955, inserted paragraph to permit the
transportation in the mails of live scorpions for certain purposes.
1952 - Act May 8, 1952, inserted fourth paragraph to extend the
Postmaster General's authority as it relates to the transmission of
poisonous drugs through the mails for scientific purposes.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-570 effective 30 days after Oct. 27,
1986, see section 10004 of Pub. L. 99-570, set out as an Effective
Date note under section 1245 of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 1971 AMENDMENT
Section 3 of Pub. L. 92-191 provided that: The amendments made
by this Act (amending this section and section 3001 of Title 39,
Postal Service) shall become effective at the beginning of the
third calendar month following the date of enactment of this Act
(Dec. 15, 1971) or on the date section 3001 of title 39, United
States Code, becomes effective (July 1, 1971) pursuant to section
15(a) of Public Law 91-375 (set out as an Effective Date note
preceding section 101 of title 39), whichever is the later.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-375 effective within 1 year after Aug.
12, 1970, on date established therefor by Board of Governors of
United States Postal Service and published by it in Federal
Register, see section 15(a) of Pub. L. 91-375, set out as an
Effective Date note preceding section 101 of Title 39, Postal
Service.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-623 effective on sixtieth day after Aug.
12, 1958, see Effective Date note set out under section 1241 of
Title 15, Commerce and Trade.
HAZARDOUS SUBSTANCES
Federal Hazardous Substances Act as not modifying this section,
see Pub. L. 86-613, Sec. 17, July 12, 1960, 74 Stat. 380, set out
as a note under section 1261 of Title 15, Commerce and Trade.
CROSS REFERENCES
Mailing of packages containing any plant or plant product into a
State maintaining terminal inspection thereof, without marking the
contents of such package on the outside, prohibited, see section
166 of Title 7, Agriculture.
Seizure and disposition of nonmailable matter, see section 3001
et seq. of Title 39, Postal Service.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 39 section 3001.
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