§ 1716 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 404 in 1947 of this separate branch of the armed forces, and (d) The transmission in the mails of poisonous substitutes, ‘‘Organized’’ for ‘‘Officers’ ’’, preceding drugs and medicines may be limited by the Post- ‘‘Reserve Corps’’, to conform to section 2 of title 10, al Service to shipments of such articles from the U.S.C., as amended by the act of March 25, 1948 (ch. 157, manufacturer thereof or dealer therein to li- § 1, 62 Stat. 87), which grouped all reserve branches into a reserve component called the Organized Reserve censed physicians, surgeons, dentists, phar- Corps. macists, druggists, cosmetologists, barbers, and veterinarians under such rules and regulations AMENDMENTS as it shall prescribe. 1996—Pub. L. 104–294, in first par., substituted ‘‘State, (e) The transmission in the mails of poisons Territory, Commonwealth, Possession, or District’’ for for scientific use, and which are not outwardly ‘‘State, Territory, or District’’ wherever appearing. dangerous or of their own force dangerous or in- 1994—Pub. L. 103–322 substituted ‘‘fined under this jurious to life, health, or property, may be lim- title’’ for ‘‘fined not more than $1,000’’ in second par. ited by the Postal Service to shipments of such 1970—Pub. L. 91–375 substituted ‘‘Postal Service’’ for articles between the manufacturers thereof, ‘‘Postmaster General’’ after ‘‘such regulations as the’’ in two places and ‘‘officer or employee of’’ for ‘‘post- dealers therein, bona fide research or experi- master, letter carrier, or other person in’’ in first par., mental scientific laboratories, and such other respectively. persons who are employees of the Federal, a 1949—Act May 24, 1949, inserted ‘‘Air Force’’ after State, or local government, whose official duties ‘‘Navy’’ and substituted ‘‘Organized’’ for ‘‘Officers’ ’’ be- are comprised, in whole or in part, of the use of fore ‘‘Reserve Corps’’ in first par., to make section ap- such poisons, and who are designated by the plicable to the Air Force and to conform to the group- head of the agency in which they are employed ing of all reserve branches into a single reserve compo- to receive or send such articles, under such rules nent. and regulations as the Postal Service shall pre- EFFECTIVE DATE OF 1970 AMENDMENT scribe. Amendment by Pub. L. 91–375 effective within 1 year (f) All spirituous, vinous, malted, fermented, after Aug. 12, 1970, on date established therefor by or other intoxicating liquors of any kind are Board of Governors of United States Postal Service and nonmailable and shall not be deposited in or car- published by it in Federal Register, see section 15(a) of ried through the mails. Pub. L. 91–375, set out as an Effective Date note preced- (g) All knives having a blade which opens ing section 101 of Title 39, Postal Service. automatically (1) by hand pressure applied to a § 1716. Injurious articles as nonmailable button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or (a) All kinds of poison, and all articles and both, are nonmailable and shall not be deposited compositions containing poison, and all poison- in or carried by the mails or delivered by any of- ous animals, insects, reptiles, and all explosives, ficer or employee of the Postal Service. Such hazardous materials, inflammable materials, in- knives may be conveyed in the mails, under fernal machines, and mechanical, chemical, or such regulations as the Postal Service shall pre- other devices or compositions which may ignite scribe— or explode, and all disease germs or scabs, and (1) to civilian or Armed Forces supply or all other natural or artificial articles, composi- procurement officers and employees of the tions, or material which may kill or injure an- Federal Government ordering, procuring, or other, or injure the mails or other property, purchasing such knives in connection with the whether or not sealed as first-class matter, are activities of the Federal Government; nonmailable matter and shall not be conveyed (2) to supply or procurement officers of the in the mails or delivered from any post office or National Guard, the Air National Guard, or station thereof, nor by any officer or employee militia of a State ordering, procuring, or pur- of the Postal Service. chasing such knives in connection with the ac- (b) The Postal Service may permit the trans- tivities of such organizations; mission in the mails, under such rules and regu- (3) to supply or procurement officers or em- lations as it shall prescribe as to preparation ployees of any State, or any political subdivi- and packing, of any such articles which are not sion of a State or Territory, ordering, procur- outwardly or of their own force dangerous or in- ing, or purchasing such knives in connection jurious to life, health, or property. with the activities of such government; and (c) The Postal Service is authorized and di- (4) to manufacturers of such knives or bona rected to permit the transmission in the mails, fide dealers therein in connection with any under regulations to be prescribed by it, of live shipment made pursuant to an order from any scorpions which are to be used for purposes of person designated in paragraphs (1), (2), and medical research or for the manufacture of anti- (3). venom. Such regulations shall include such pro- The Postal Service may require, as a condition visions with respect to the packaging of such of conveying any such knife in the mails, that live scorpions for transmission in the mails as any person proposing to mail such knife explain the Postal Service deems necessary or desirable in writing to the satisfaction of the Postal Serv- for the protection of Postal Service personnel ice that the mailing of such knife will not be in and of the public generally and for ease of han- violation of this section. dling by such personnel and by any individual (h) Any advertising, promotional, or sales connected with such research or manufacture. matter which solicits or induces the mailing of Nothing contained in this paragraph shall be anything declared nonmailable by this section is construed to authorize the transmission in the likewise nonmailable unless such matter con- mails of live scorpions by means of aircraft en- tains wrapping or packaging instructions which gaged in the carriage of passengers for com- are in accord with regulations promulgated by pensation or hire. the Postal Service. Page 405 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1716 (i)(1) Any ballistic knife shall be subject to the Subsec. (j). Pub. L. 107–273, § 4002(b)(6), designated same restrictions and penalties provided under first, second, and third undesignated pars. after subsec. subsection (g) for knives described in the first (i) as pars. (1) to (3), respectively, of subsec. (j) and, in sentence of that subsection. par. (2), substituted ‘‘under this title’’ for ‘‘not more than $10,000’’. Former subsec. (j) redesignated (k). (2) As used in this subsection, the term ‘‘bal- Subsec. (k). Pub. L. 107–273, § 4002(b)(6)(D), redesig- listic knife’’ means a knife with a detachable nated subsec. (j) as (k). blade that is propelled by a spring-operated 1996—Subsec. (g)(2). Pub. L. 104–294, § 607(g)(1), sub- mechanism. stituted ‘‘State’’ for ‘‘State, Territory, or the District (j)(1) Whoever knowingly deposits for mailing of Columbia’’. or delivery, or knowingly causes to be delivered Subsec. (g)(3). Pub. L. 104–294, § 607(g)(2), as amended by mail, according to the direction thereon, or by Pub. L. 107–273, § 4002(b)(2), substituted ‘‘any State, at any place at which it is directed to be deliv- or any political subdivision of a State’’ for ‘‘the munic- ipal government of the District of Columbia or of the ered by the person to whom it is addressed, any- government of any State or Territory, or any county, thing declared nonmailable by this section, un- city, or other political subdivision of a State’’. less in accordance with the rules and regula- Subsec. (j). Pub. L. 104–294, § 607(g)(3), added subsec. (j) tions authorized to be prescribed by the Postal at end. Service, shall be fined under this title or impris- 1994—Pub. L. 103–322, § 330016(1)(H), substituted ‘‘fined oned not more than one year, or both. under this title’’ for ‘‘fined not more than $1,000’’ in (2) Whoever knowingly deposits for mailing or first undesignated par. after subsec. (i). delivery, or knowingly causes to be delivered by Pub. L. 103–322, § 60003(a)(7), in last par., struck out before period at end ‘‘, if the jury shall in its discretion mail, according to the direction thereon or at so direct, or, in the case of a plea of guilty, or a plea any place to which it is directed to be delivered of not guilty where the defendant has waived a trial by by the person to whom it is addressed, anything jury, if the court in its discretion, shall so order’’. declared nonmailable by this section, whether or 1986—Subsec. (i). Pub. L. 99–570 added subsec. (i). not transmitted in accordance with the rules 1971—Subsecs. (a) to (g). Pub. L. 92–191 designated ex- and regulations authorized to be prescribed by isting seven paragraphs preceding the penal provisions the Postal Service, with intent to kill or injure as subsecs. (a) to (g), respectively. Subsec. (h). Pub. L. 92–191 added subsec. (h). another, or injure the mails or other property, 1970—First par. Pub. L. 91–375, § 6(j)(25)(B)(ii), sub- shall be fined under this title or imprisoned not stituted ‘‘officer or employee of the Postal Service’’ for more than twenty years, or both.