Page:United States Statutes at Large Volume 102 Part 5.djvu/373

This page needs to be proofread.

PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4379

SEC. 6472. BALLISTIC KNIFE ACT JURISDICTIONAL CLARIFICATIONS.

The Ballistic Knife Prohibition Act of 1986 (15 U.S.C. 1245) is amended— (1) by striking "knowingly possesses, manufactures, sells, or imports" and inserting "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"; and (2) by striking "or State before "crime of violence". SEC. 6473. COMMON CARRIER OPERATION AMENDMENTS.

(a) DEFINITIONAL REFINEMENT.—Section 342 of title 18, United States Code, is amended by striking "drugs" and inserting "any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))". (b) CONFORMANCE OF FINE LEVEL.—Section 342 of title 18, United States Code, is amended by striking "fined not more than $10,000," and inserting "fined under this title,". (c) LIMITATION AND CLARIFICATION OF PRESUMPTIONS.—Section 343

of title 18, United States Clode, is amended— (1) in paragraph (1) by striking ".10" and inserting ".10 percent" and by striking "conclusively"; and (2) in paragraph (2) by striking "conclusively". SEC. 6474. EXPLOSIVES OFFENSES AMENDMENTS. (a) EXPANSION OF OFFENSE TO CERTAIN AIRPORTS AND STRENGTHEN-

ING OF PENALTY.—Section 844(g) of title 18, United States Code, is amended— (1) by striking "Whoever" and inserting "(1) Except as provided in paragraph (2), whoever"; (2) by inserting "in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or" after "possesses an explosive"; (3) by inserting "or airport" after "such building"; (4) by striking "not more than one year, or fined not more than $1,000, or both" and inserting "not more than five years, or fined under this title, or both"; and (5) by adding at the end thereof the following: "(2) The provisions of this subsection shall not be applicable to— "(A) the possession of ammunition (as that term is defined in regulations issued pursuant to this chapter) in an airport that is subject to the regulatory authority of the Federal Aviation Administration if such ammunition is either in checked baggage or in a closed container; or "(B) the possession of an explosive in an airport if the packaging and transportation of such explosive is exempt from, or subject to and in accordance with, regulations of the Research and Special Projects Administration for the handling of hazardous materials pursuant to the Hazardous Materials Transportation Act (49 App. U.S.C. 1801, et seq.).". (b) STRENGTHENING OFFENSE OF USING OR CARRYING AN EXPLOSIVE IN COMMISSION OF A FEDERAL FELONY.—Section 844(h) of title 18,

United States Code, is amended—