Ethan Clarke
The legality of possessing plastic explosives varies by jurisdiction. In the United States, the Antiterrorism and Effective Death Penalty Act of 1996 generally makes it unlawful to manufacture, import, transfer, receive, or possess any plastic explosive that does not contain a detection agent. Detection agents are substances introduced into plastic explosives during the manufacturing process to enable detection by vapor-detection equipment or canines. Similarly, in Canada, no person shall transport or possess unmarked plastic explosives unless authorized for specific purposes. In Australia, possessing plastic explosives is subject to compliance with Australian law, but specific regulations were not readily available.
| Characteristics | Values |
|---|---|
| Country | United States of America |
| Law | Antiterrorism and Effective Death Penalty Act of 1996 |
| Date Passed | April 24, 1996 |
| Clause | Makes it unlawful to manufacture, import, transfer, receive, or possess any plastic explosive that does not contain a detection agent |
| Detection Agents | Ethylene glycol dinitrate (EGDN), 2,3-Dimethyl-2,3-dinitrobutane (DMNB), Para-Mononitrotoluene (p-MNT), Ortho-Mononitrotoluene (o-MNT) |
| Exceptions | Explosives for research, development and testing of new explosives, training in explosives detection, development or testing of explosives detection equipment, forensic science purposes, or incorporated into a military device |
| Country | Australia |
| Law | Explosives Act |
| Clause | No person shall transport or possess unmarked plastic explosives unless the explosives are transported or possessed in limited quantities solely for authorized use or incorporated as an integral part of a military device |
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What You'll Learn
- In the US, it is unlawful to manufacture, import, transfer, receive or possess unmarked plastic explosives
- Detection agents are required in plastic explosives to render them detectable by specialised equipment or canines
- The US military and law enforcement agencies were given a 15-year use-up period for unmarked explosives
- Exemptions exist for explosives used in research, development, testing, training, or forensics
- If dealing with plastic explosives, compliance with Australian law is required
In the US, it is unlawful to manufacture, import, transfer, receive or possess unmarked plastic explosives
In the United States, it is unlawful to manufacture, import, transfer, receive, or possess unmarked plastic explosives. This prohibition came into force with the enactment of the Antiterrorism Act of 1996, which made it illegal for any person to engage in any of these activities without a "detection agent" as specified in the legislation. The Act provided a 3-year "use-up" period for unmarked plastic explosives manufactured or imported before April 24, 1996, with an extended 15-year period for military and federal law enforcement agencies.
The detection agents are designed to ensure that explosives are detectable by vapor-detection equipment or canines. These agents must be introduced into the plastic explosive or formulated during the manufacturing process to achieve homogeneous distribution in the finished product. The specific substances that can be used as detection agents are outlined in the legislation, with certain exceptions provided for research, development, testing, and law enforcement purposes.
The prohibition on unmarked plastic explosives is detailed in the Electronic Code of Federal Regulations (e-CFR), specifically 27 CFR § 555.180 - Prohibitions relating to unmarked plastic explosives. This regulation defines a plastic explosive as "an explosive material in flexible or elastic sheet form formulated with one or more high explosives, with a binder material, remaining malleable or flexible at room temperature."
The consequences for violating these prohibitions can be severe, and individuals or entities in possession of unmarked plastic explosives are required to report certain information to the Bureau of Alcohol, Tobacco, and Firearms and Explosives (ATF). The ATF is responsible for enforcing the regulations and ensuring compliance with the Act.
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Detection agents are required in plastic explosives to render them detectable by specialised equipment or canines
In the United States, it is generally unlawful to manufacture, import, transfer, receive, or possess any plastic explosive that does not contain a detection agent, as outlined in the Antiterrorism and Effective Death Penalty Act of 1996. This Act was passed in response to significant bombing incidents, such as the 1993 World Trade Center bombing and the 1995 bombing of the Alfred P. Murrah Federal Building.
The inclusion of detection agents is vital for security and law enforcement agencies, as it enables the use of specialised equipment or canines to identify explosives and related threats. ATF's Explosives Detection Canine Program, for instance, trains canines to detect a wide range of explosives and firearms, contributing to nationwide safety. Similarly, non-detonable training aids are used to train explosives detection canines (EDCs) to recognise various explosives and alert their handlers, playing a crucial role in security and anti-terrorism efforts.
There are exceptions to the requirement of detection agents in plastic explosives. For instance, the Act provided a 3-year "use-up" period for unmarked explosives manufactured or imported before April 24, 1996, excluding materials possessed by US agencies with military or police functions. Additionally, there are affirmative defences specified in 27 CFR 555.182, such as when the explosive is intended for lawful research, development, testing, or training purposes, or when it is incorporated into a military device.
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The US military and law enforcement agencies were given a 15-year use-up period for unmarked explosives
In the United States, it is illegal to manufacture, import, transfer, receive, or possess any plastic explosive that does not contain a detection agent. The Act, signed into law on April 24, 1996, states that all plastic explosives manufactured or imported on or after this date must contain a detection agent. Detection agents are designed to render explosives detectable by vapour-detection equipment or canines.
The Act provided a 15-year "use-up" period for unmarked plastic explosives manufactured or imported before April 24, 1996, by the US military and federal law enforcement agencies. This period began on June 21, 1998, when the Convention on the Marking of Plastic Explosives entered into force with respect to the United States, and ended on June 21, 2013. During this time, the military and law enforcement agencies were required to use, destroy, or mark any stocks of unmarked plastic explosives in their possession.
The Convention on the Marking of Plastic Explosives, done at Montreal on March 1, 1991, requires the addition of specific substances to plastic explosives during the manufacturing process. These substances are designed to achieve homogeneous distribution in the finished explosive, rendering it detectable.
It is important to note that there are certain exceptions to the marking requirement, as outlined in the regulations. Additionally, there is an "affirmative defense" if the proponent can prove that the plastic explosive is intended for and used solely in lawful research, development, testing, training, or forensic science purposes.
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Exemptions exist for explosives used in research, development, testing, training, or forensics
In the United States, the Antiterrorism and Effective Death Penalty Act of 1996 prohibits the manufacture, import, transfer, receipt, or possession of any plastic explosive that does not contain a detection agent. Detection agents are designed to enable the detection of explosives by vapor-detection equipment or canines. However, there are exemptions to this legislation for explosives used in specific contexts, such as research, development, testing, training, or forensics.
The Explosives Research and Development Division (ERDD) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducts research and testing of explosives for various purposes. ERDD staff include certified explosive specialists, forensic chemists, engineers, and program managers who evaluate the safety and security of explosive storage and disposal. They also investigate explosive incidents and test improvised explosive materials and devices to determine their potential for causing damage. In addition, the ERDD collaborates with law enforcement agencies to improve public safety and prevent the criminal misuse of explosives.
To comply with the law, explosives used for research, development, testing, training, or forensics must meet specific criteria. Firstly, the proponent must prove that the plastic explosive consists of a small amount intended solely for lawful purposes related to research, development, testing, training, or forensics. This includes the development and testing of new explosives, training in explosives detection, the development and testing of explosives detection equipment, and forensic science applications.
Furthermore, exemptions for explosives in these contexts may be subject to additional conditions. For instance, materials intended for incorporation into a military device must be destined to become the property of the military or a federal agency with law enforcement functions. Additionally, permits may be required for the manufacture, storage, sale, transport, or use of explosives, and these permits can be revoked by the relevant authorities. Overall, while the possession and use of plastic explosives are heavily regulated, exemptions exist to facilitate their lawful use in critical research, development, testing, training, and forensic activities.
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If dealing with plastic explosives, compliance with Australian law is required
There are some defences you can use if you are charged with possessing, supplying, or making explosives. You can argue that you were not in possession of the explosives or that you were not in a public place. You can also argue that you had a reasonable excuse for possessing the explosives or that you had them for a lawful purpose. If you are dealing with explosives, it is important to comply with the relevant regulations and to seek legal advice if you are unsure about your obligations.
In 2012, the Council of Australian Governments (COAG) agreed to work towards nationally consistent explosives regulation. This work was carried out by the Strategic Issues Group on Explosives (SIG-Explosives), which included representatives from the Commonwealth, state, and territory governments, as well as industry and worker organisations. In 2018, work health and safety (WHS) ministers agreed in principle to consider making regulations nationally consistent. These changes will affect people who work with explosives in Australia, including those who import, export, manufacture, transport, store, supply, or use them.
It is important to note that the regulations around explosives can change, and it is the responsibility of those dealing with explosives to stay informed and compliant with the law.
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Frequently asked questions
No, it is not legal to have unmarked plastic explosives in the US. The Antiterrorism Act of 1996 made it unlawful to manufacture, import, transfer, receive, or possess any unmarked plastic explosives.
Unmarked plastic explosives are those that do not contain a detection agent. Detection agents are substances introduced into plastic explosives during the manufacturing process to achieve homogeneous distribution in the finished product.
Examples of detection agents include Ethylene glycol dinitrate (EGDN), 2,3-Dimethyl-2,3-dinitrobutane (DMNB), and Para-Mononitrotoluene (p-MNT). These substances must be present at specific minimum concentrations in the finished explosive.
Yes, there are some exceptions. The law does not apply to explosives imported, exported, or manufactured before April 24, 1996, by US agencies performing military or police functions or the National Guard of any state. Additionally, there is a provision for affirmative defense if the plastic explosive is intended and used solely for lawful research, development, testing, training, or forensic science purposes.
