§ 1716. Injurious articles as nonmailable

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Pub. L. 80–645 · 62 Stat. 683

   Enacted · 18 U.S.C. § 1716

   June 25, 1948, ch. 645, 62 Stat. 781

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 781

2. 1957

   Pub. L. 85–268 · 71 Stat. 594

   Changed · 18 U.S.C. § 1716

   Pub. L. 85–268 reduced penalty from two to one year for mailing nonmailable articles; increased penalty from ten to twenty years for mailing nonmailable matter with intent to kill or injure another or injure the mails or other property but where death does not result; and provided death penalty or life imprisonment for mailing nonmailable matter resulting in death

   Source evidence

   Code amendment note
   Pub. L. 85–268 reduced penalty from two to one year for mailing nonmailable articles; increased penalty from ten to twenty years for mailing nonmailable matter with intent to kill or injure another or injure the mails or other property but where death does not result; and provided death penalty or life imprisonment for mailing nonmailable matter resulting in death.

3. 1958

   Pub. L. 85–623 § 5 · 72 Stat. 562

   Inserted · 18 U.S.C. § 1716

   Pub. L. 85–623 inserted paragraph prohibiting mailing of switchblade knives except in connection with Armed Forces or other Government orders

   Source evidence

   Code amendment note
   Pub. L. 85–623 inserted paragraph prohibiting mailing of switchblade knives except in connection with Armed Forces or other Government orders.

   Enacted provision · exact public law section
   Sec. 5. Section 1716 of title 18 of the United States Code is amended Nonmailable knives. by inserting immediately after the sixth paragraph thereof the following new paragraph: “All knives having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both, are nonmailable and shall not be deposited in or carried by the mails or delivered by any Regulations. postmaster, letter carrier, or other person in the postal service. Such knives may be conveyed in the mails, under such regulations as the Postmaster General shall prescribe— “(1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government; “(2) to supply or procurement officers of the National Guard, the Air National Guard, or militia of a State, Territory, or the District of Columbia ordering, procuring, or purchasing such knives in connection with the activities of such organizations; “(3) to supply or procurement officers or employees of the municipal government of the District of Columbia or of the government of any State or Territory, or any county, city, or other political subdivision of a State or Territory, ordering, procuring, or purchasing such knives in connection with the activities of such government; and “(4) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant to an order from any person designated in paragraphs (1), (2), and (3). The Postmaster General may require, as a condition of conveying Requirement for mailing. any such knife in the mails, that any person proposing to mail such knife explain in writing to the satisfaction of the Postmaster General that the mailing of such knife will not be in violation of this section.”

4. 1970

   Postal Reorganization Act

   Pub. L. 91–375 § 6(j)(25)(B)(ii) · 84 Stat. 719

   Substituted · 18 U.S.C. § 1716

   Pub. L. 91–375, § 6(j)(25)(B)(ii), substituted “officer or employee of the Postal Service” for “letter carrier”

   Source evidence

   Code amendment note
   First par. Pub. L. 91–375, § 6(j)(25)(B)(ii), substituted “officer or employee of the Postal Service” for “letter carrier”.

   Enacted provision · exact public law section
   (ii) by striking out “letter carrier” in the first paragraph and inserting in lieu thereof “officer or employee of the Postal Service”; and

5. 1970

   Postal Reorganization Act

   Pub. L. 91–375 § 6(j)(25)(A) · 84 Stat. 719

   Substituted · 18 U.S.C. § 1716

   Pub. L. 91–375, § 6(j)(25)(A), substituted “Postal Service” and “it shall prescribe” for “Postmaster General” and “he shall prescribe”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Second par. Pub. L. 91–375, § 6(j)(25)(A), substituted “Postal Service” and “it shall prescribe” for “Postmaster General” and “he shall prescribe”.

   Enacted provision · exact public law section
   (A) The second, third, and fourth paragraphs of section 1716 66 Stat. 67. are amended to read as follows: “The Postal Service may permit the transmission in the mails, under such rules and regulations as it shall prescribe as to preparation and packing, of any such articles which are not out wardly or of their own force dangerous or injurious to life, health, or property. “The Postal Service is authorized and directed to permit the transmission Live scorpions mailing. in the mails, under regulations to be prescribed by it, of live scorpions which are to be used for purposes of medical research or for the manufacture of antivenom. Such regulations shall include such provisions with respect to the packaging of such live scorpions for transmission in the mails as the Postal Service deems necessary or desirable for the protection of Postal Service personnel and of the public generally and for ease of handling by such personnel and by any individual connected with such research or manufacture. Nothing contained in this paragraph shall be construed to authorize the transmission in the mails of live scorpions by means of aircraft engaged in the carriage of passengers for compensation or hire. “The transmission in the mails of poisonous drugs and medicines may be limited by the Postal Service to shipments of such articles from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians under such rules and regulations as it shall prescribe.”.

6. 1970

   Postal Reorganization Act

   Pub. L. 91–375 § 6(j)(25)(A) · 84 Stat. 719

   1. Substituted · 18 U.S.C. § 1716

      Pub. L. 91–375, § 6(j)(25)(A), substituted “Postal Service” for “Postmaster General”

   2. Substituted · 18 U.S.C. § 1716

      Pub. L. 91–375, § 6(j)(25)(A), substituted “prescribed by it” for “prescribed by him”

   3. Substituted · 18 U.S.C. § 1716

      Pub. L. 91–375, § 6(j)(25)(A), substituted “antivenom” for “antivenin”

   4. Substituted · 18 U.S.C. § 1716

      Pub. L. 91–375, § 6(j)(25)(A), substituted “necessary or desirable” for “necessary or advisable”

   5. Substituted · 18 U.S.C. § 1716

      Pub. L. 91–375, § 6(j)(25)(A), substituted “Postal Service personnel” for “Post Office Department personnel”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Third par. Pub. L. 91–375, § 6(j)(25)(A), substituted “Postal Service” for “Postmaster General” in two places, “prescribed by it” for “prescribed by him”, “antivenom” for “antivenin”, “necessary or desirable” for “necessary or advisable”, and “Postal Service personnel” for “Post Office Department personnel”.

   Enacted provision · exact public law section
   (A) The second, third, and fourth paragraphs of section 1716 66 Stat. 67. are amended to read as follows: “The Postal Service may permit the transmission in the mails, under such rules and regulations as it shall prescribe as to preparation and packing, of any such articles which are not out wardly or of their own force dangerous or injurious to life, health, or property. “The Postal Service is authorized and directed to permit the transmission Live scorpions mailing. in the mails, under regulations to be prescribed by it, of live scorpions which are to be used for purposes of medical research or for the manufacture of antivenom. Such regulations shall include such provisions with respect to the packaging of such live scorpions for transmission in the mails as the Postal Service deems necessary or desirable for the protection of Postal Service personnel and of the public generally and for ease of handling by such personnel and by any individual connected with such research or manufacture. Nothing contained in this paragraph shall be construed to authorize the transmission in the mails of live scorpions by means of aircraft engaged in the carriage of passengers for compensation or hire. “The transmission in the mails of poisonous drugs and medicines may be limited by the Postal Service to shipments of such articles from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians under such rules and regulations as it shall prescribe.”.

7. 1970

   Postal Reorganization Act

   Pub. L. 91–375 § 6(j)(25)(A) · 84 Stat. 719

   1. Substituted · 18 U.S.C. § 1716

      Pub. L. 91–375, § 6(j)(25)(A), substituted “Postal Service” and “it shall prescribe” for “Postmaster General” and “he shall prescribe”, respectively

   2. Struck · 18 U.S.C. § 1716

      Pub. L. 91–375, § 6(j)(25)(A), struck out the comma after “veterinarians”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Fourth par. Pub. L. 91–375, § 6(j)(25)(A), substituted “Postal Service” and “it shall prescribe” for “Postmaster General” and “he shall prescribe”, respectively, and struck out the comma after “veterinarians”.

   Enacted provision · exact public law section
   (A) The second, third, and fourth paragraphs of section 1716 66 Stat. 67. are amended to read as follows: “The Postal Service may permit the transmission in the mails, under such rules and regulations as it shall prescribe as to preparation and packing, of any such articles which are not out wardly or of their own force dangerous or injurious to life, health, or property. “The Postal Service is authorized and directed to permit the transmission Live scorpions mailing. in the mails, under regulations to be prescribed by it, of live scorpions which are to be used for purposes of medical research or for the manufacture of antivenom. Such regulations shall include such provisions with respect to the packaging of such live scorpions for transmission in the mails as the Postal Service deems necessary or desirable for the protection of Postal Service personnel and of the public generally and for ease of handling by such personnel and by any individual connected with such research or manufacture. Nothing contained in this paragraph shall be construed to authorize the transmission in the mails of live scorpions by means of aircraft engaged in the carriage of passengers for compensation or hire. “The transmission in the mails of poisonous drugs and medicines may be limited by the Postal Service to shipments of such articles from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians under such rules and regulations as it shall prescribe.”.

8. 1970

   Postal Reorganization Act

   Pub. L. 91–375 § 6(j)(25) · 84 Stat. 719

   Substituted · 18 U.S.C. § 1716

   Pub. L. 91–375 § 6(j)(25)(B)(i) substituted “Postal Service” for “Postmaster General” in two places

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Fifth par. Pub. L. 91–375 § 6(j)(25)(B)(i) substituted “Postal Service” for “Postmaster General” in two places.

   Enacted provision · exact public law section
   (25) (A) The second, third, and fourth paragraphs of section 1716 66 Stat. 67. are amended to read as follows: “The Postal Service may permit the transmission in the mails, under such rules and regulations as it shall prescribe as to preparation and packing, of any such articles which are not out wardly or of their own force dangerous or injurious to life, health, or property. “The Postal Service is authorized and directed to permit the transmission Live scorpions mailing. in the mails, under regulations to be prescribed by it, of live scorpions which are to be used for purposes of medical research or for the manufacture of antivenom. Such regulations shall include such provisions with respect to the packaging of such live scorpions for transmission in the mails as the Postal Service deems necessary or desirable for the protection of Postal Service personnel and of the public generally and for ease of handling by such personnel and by any individual connected with such research or manufacture. Nothing contained in this paragraph shall be construed to authorize the transmission in the mails of live scorpions by means of aircraft engaged in the carriage of passengers for compensation or hire. “The transmission in the mails of poisonous drugs and medicines may be limited by the Postal Service to shipments of such articles from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians under such rules and regulations as it shall prescribe.”. (B) Section 1716 is amended— (i) by striking out “Postmaster General” wherever else appearing therein and inserting in lieu thereof “Postal Service”; (ii) by striking out “letter carrier” in the first paragraph and inserting in lieu thereof “officer or employee of the Postal Service”; and (iii) by striking out “postmaster, letter carrier, or other person in the postal service” in the seventh paragraph and inserting in lieu 72 Stat. 562. thereof “officer or employee of the Postal Service”,

9. 1970

   Postal Reorganization Act

   Pub. L. 91–375 § 6(j)(25)(B)(i) · 84 Stat. 719

   1. Substituted · 18 U.S.C. § 1716

      Pub. L. 91–375, § 6(j)(25)(B)(i), (iii), substituted “Postal Service” for “Postmaster General” respectively

   2. Substituted · 18 U.S.C. § 1716

      Pub. L. 91–375, § 6(j)(25)(B)(i), (iii), substituted “officer or employee of the Postal Service” for “postmaster, letter carrier, or other person in the postal service” respectively

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Seventh par. Pub. L. 91–375, § 6(j)(25)(B)(i), (iii), substituted “Postal Service” for “Postmaster General” in three places, and “officer or employee of the Postal Service” for “postmaster, letter carrier, or other person in the postal service”, respectively.

   Enacted provision · exact public law section
   (i) by striking out “Postmaster General” wherever else appearing therein and inserting in lieu thereof “Postal Service”;

10. 1970

    Postal Reorganization Act

    Pub. L. 91–375 § 6(j)(25)(B)(i) · 84 Stat. 719

    Substituted · 18 U.S.C. § 1716

    Pub. L. 91–375, § 6(j)(25)(B)(i), substituted “Postal Service” for “Postmaster General”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Eighth to tenth pars. Pub. L. 91–375, § 6(j)(25)(B)(i), substituted “Postal Service” for “Postmaster General”.

    Enacted provision · exact public law section
    (i) by striking out “Postmaster General” wherever else appearing therein and inserting in lieu thereof “Postal Service”;

11. 1971

    Pub. L. 92–191 § 1 · 85 Stat. 646

    Amended · 18 U.S.C. § 1716(a)(g)

    Pub. L. 92–191 designated existing seven paragraphs preceding the penal provisions as subsecs. (a) to (g), respectively

    Source evidence

    Code amendment note
    Subsecs. (a) to (g). Pub. L. 92–191 designated existing seven paragraphs preceding the penal provisions as subsecs. (a) to (g), respectively.

12. 1971

    Pub. L. 92–191 § 1 · 85 Stat. 646

    Added · 18 U.S.C. § 1716(h)

    Pub. L. 92–191 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 92–191 added subsec. (h).

13. 1986

    Ballistic Knife Prohibition Act of 1986

    Pub. L. 99–570 title X § 10003 · 100 Stat. 3207

    Added · 18 U.S.C. § 1716(i)

    Pub. L. 99–570 added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 99–570 added subsec. (i).

    Enacted provision · exact public law section
    SEC. 10003. NONMAILABILITY OF BALLISTIC KNIVES. Section 1716 of title 18, United States Code, is amended by inserting after subsection (h) and before the first undesignated paragraph after such subsection the following: “(i) (1) Any ballistic knife shall be subject to the same restrictions and penalties provided under subsection (g) for knives described in the first sentence of that subsection. “(2) As used in this subsection, the term ‘ballistic knife’ means a knife with a detachable blade that is propelled by a spring-operated mechanism.”.

14. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(H) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1716

    Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” in first undesignated par. after subsec. (i)

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” in first undesignated par. after subsec. (i).

    Enacted provision · exact public law section
    (H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;

15. 1994

    Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60003(a)(7) · 108 Stat. 1796

    Struck · 18 U.S.C. § 1716

    Pub. L. 103–322, § 60003(a)(7), in last par., struck out before period at end “, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion, shall so order”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 60003(a)(7), in last par., struck out before period at end “, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion, shall so order”.

    Enacted provision · exact public law section
    (7) Nonmailable injurious articles.— The last paragraph of section 1716 of title 18, United States Code, is amended by striking the comma after “imprisonment for life” and inserting a period and striking the remainder of the paragraph.

16. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 § 607(g)(1) · 110 Stat. 3488

    Substituted · 18 U.S.C. § 1716(g)(2)

    Pub. L. 104–294, § 607(g)(1), substituted “State” for “State, Territory, or the District of Columbia”

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 104–294, § 607(g)(1), substituted “State” for “State, Territory, or the District of Columbia”.

    Enacted provision · exact public law section
    (1) in subsection (g)(2) by striking “State, Territory, or the District of Columbia” and inserting “State”;

17. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 § 607(g)(2) · 110 Stat. 3488

    1. Amended · 18 U.S.C. § 1716(g)(3)

       Pub. L. 104–294, § 607(g)(2), as amended by Pub. L. 107–273, § 4002(b)(2)

    2. Substituted · 18 U.S.C. § 1716(g)(3)

       Pub. L. 104–294, § 607(g)(2), as substituted “any State, or any political subdivision of a State” for “the municipal government of the District of Columbia or of the government of any State or Territory, or any county, city, or other political subdivision of a State”

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 104–294, § 607(g)(2), as amended by Pub. L. 107–273, § 4002(b)(2), substituted “any State, or any political subdivision of a State” for “the municipal government of the District of Columbia or of the government of any State or Territory, or any county, city, or other political subdivision of a State”.

    Enacted provision · exact public law section
    (2) in subsection (g)(3) by striking “the municipal government of the District of Columbia or of the government of any State or territory, or any county, city, or other political subdivision of a State” and inserting “any State, or any political subdivision of a State”; and

18. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 § 607(g)(3) · 110 Stat. 3488

    Added · 18 U.S.C. § 1716(j)

    Pub. L. 104–294, § 607(g)(3), added subsec. (j) at end

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 104–294, § 607(g)(3), added subsec. (j) at end.

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(j) For purposes of this section, the term ‘State’ includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”.

19. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(b)(2) · 116 Stat. 1758

    Changed · 18 U.S.C. § 1716(g)(3)

    Pub. L. 107–273, § 4002(b)(2), made technical correction to directory language of Pub. L. 104–294, § 607(g)(2). See 1996 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 107–273, § 4002(b)(2), made technical correction to directory language of Pub. L. 104–294, § 607(g)(2). See 1996 Amendment note below.

    Enacted provision · exact public law section
    (2) Correcting capitalization in language to be stricken.— Effective on the date of its enactment, section 607(g)(2) of the Economic Espionage Act of 1996 is amended by striking “territory” and inserting “Territory”.

    Effective date note
    Pub. L. 107–273, div. B, title IV, § 4002(b)(2), Nov. 2, 2002, 116 Stat. 1807, provided that the amendment made by section 4002(b)(2) is effective Oct. 11, 1996.

20. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(b)(6) · 116 Stat. 1758

    1. Amended · 18 U.S.C. § 1716(j)

       Pub. L. 107–273, § 4002(b)(6), designated first, second, and third undesignated pars. after subsec. (i) as pars. (1) to (3), respectively, of subsec. (j) and, in par. (2)

    2. Redesignated · 18 U.S.C. § 1716(j)

       Pub. L. 107–273, § 4002(b)(6), substituted “under this title” for “not more than $10,000”. Former subsec. (j) redesignated (k)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 107–273, § 4002(b)(6), designated first, second, and third undesignated pars. after subsec. (i) as pars. (1) to (3), respectively, of subsec. (j) and, in par. (2), substituted “under this title” for “not more than $10,000”. Former subsec. (j) redesignated (k).

    Enacted provision · exact public law section
    (6) Correction of confusing subdivision designation.— Section 1716 of title 18, United States Code, is amended— (A) in the first undesignated paragraph, by inserting “(j)(1)” before “Whoever”; (B) in the second undesignated paragraph— (i) by striking “not more than $10,000” and inserting “under this title”; and (ii) by inserting “(2)” at the beginning of that paragraph; (C) by inserting “(3)” at the beginning of the third undesignated paragraph; and (D) by redesignating subsection (j) as subsection (k).

    Effective date note
    Pub. L. 107–273, div. B, title IV, § 4002(b)(2), Nov. 2, 2002, 116 Stat. 1807, provided that the amendment made by section 4002(b)(2) is effective Oct. 11, 1996.

21. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(b)(6)(D) · 116 Stat. 1758

    Redesignated · 18 U.S.C. § 1716(k)

    Pub. L. 107–273, § 4002(b)(6)(D), redesignated subsec. (j) as (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 107–273, § 4002(b)(6)(D), redesignated subsec. (j) as (k).

    Enacted provision · exact public law section
    (D) by redesignating subsection (j) as subsection (k).

    Effective date note
    Pub. L. 107–273, div. B, title IV, § 4002(b)(2), Nov. 2, 2002, 116 Stat. 1807, provided that the amendment made by section 4002(b)(2) is effective Oct. 11, 1996.

22. 2006

    Pub. L. 109–435 title X § 1008(d) · 120 Stat. 3198

    Inserted · 18 U.S.C. § 1716(a)

    Pub. L. 109–435 inserted “hazardous materials,” after “explosives,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–435 inserted “hazardous materials,” after “explosives,”.

    Enacted provision · exact public law section
    (d) Injurious Articles as Nonmailable.— Section 1716(a) of title 18, United States Code, is amended by inserting after “explosives,” the following: “hazardous materials,”.

26 of 30 references resolved to an enrolled provision · 4 partial