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Criminal Resource Manual

1446. Other Statutes Affected -- 18 USC 844 Offenses

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]