1438
Federal Explosive StatuesInvestigative
Jurisdiction
|
Three investigative agencies have potential primary jurisdiction to
investigate violations under the Federal explosives law: (1) the Bureau of
Alcohol, Tobacco and Firearms (ATF); (2) the Federal Bureau of Investigation
(FBI), and (3) the Postal Inspection Service. The FBI and ATF have
concurrent
statutory authority to investigate violations of § 844(d)-(i), pursuant
to
18 U.S.C. § 846, and have negotiated a Memorandum of Understanding
(MOU)
delineating their respective roles. As a result of this MOU, ATF has
primary
jurisdiction to investigate regulatory violations of the explosives statute
(§ 842); offenses against property used in commerce or affecting
commerce
(§ 844(i)); violations directed at Treasury buildings or functions;
and,
unless the explosives are mailed, interstate transportation of explosives
with
unlawful intent (§ 844(d)). The FBI has primary jurisdiction to
investigate
most other violations of § 844 (e.g., bomb threats under
§ 844(e),
bombings or arsons of Federal buildings under § 844(f)), except those
involving the use of explosives or the carrying of explosives in commission
of
a felony (§ 844(h)), which will be investigated by the agency having
jurisdiction over the underlying felony. Unless otherwise directed by the
Department of Justice, the Federal Bureau of Investigation is responsible
for
exercising primary jurisdiction over all § 844 violations perpetrated
by
terrorist or revolutionary groups or individuals carrying out terrorist or
revolutionary activities. The Postal Inspection Service has primary
jurisdiction
to investigate violations of 18 U.S.C. § 844 which are directed at
United
States Postal Service property or functions. See 39 U.S.C. §
404(a)(7).
[cited in USAM 9-63.900] | |