1446
Other Statutes Affected18 USC 844 Offenses
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Offenses under 18 U.S.C. § 844 will often have concurrent
criminal
tax consequences under the National Firearms Act. Pursuant to 26 U.S.C.
§
5845(a)(8), the term "firearm" is defined to include "destructive devices."
A
destructive device, as defined in 26 U.S.C. § 5845(f)(1), includes "any
explosive, incendiary, or poison gas (A) bomb, (B) grenade . . . ."
Accordingly,
violations involving destructive devices may be charged under 26 U.S.C.
§
5861.
Sections 844(e), (f) and (i) are designated "Federal crime[s] of
terrorism" if the offense is "calculated to influence or affect the conduct
of
government by intimidation or coercion, or to retaliate against government
conduct . . . ." 18 U.S.C. § 2332b(g)(5). If such is present, the
Federal
Bureau of Investigation (FBI) is the primary Federal investigative agency.
See 18 U.S.C. § 2332b(f).
[cited in USAM 9-63.900] | |