§ 80302. — Prohibitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC80302]
TITLE 49--TRANSPORTATION
SUBTITLE X--MISCELLANEOUS
CHAPTER 803--CONTRABAND
Sec. 80302. Prohibitions
(a) Definition.--In this section, ``contraband'' means--
(1) a narcotic drug (as defined in section 102 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 802)), including marihuana (as defined in section 102 of that
Act (21 U.S.C. 802)), that--
(A) is possessed with intent to sell or offer for sale in
violation of the laws and regulations of the United States;
(B) is acquired, possessed, sold, transferred, or offered
for sale in violation of those laws;
(C) is acquired by theft, robbery, or burglary and
transported--
(i) in the District of Columbia or a territory or
possession of the United States; or
(ii) from a place in a State, the District of Columbia,
or a territory or possession of the United States, to a
place in another State, the District of Columbia, or a
territory or possession; or
(D) does not bear tax-paid internal revenue stamps required
by those laws or regulations;
(2) a firearm involved in a violation of chapter 53 of the
Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.);
(3) a forged, altered, or counterfeit--
(A) coin or an obligation or other security of the United
States Government (as defined in section 8 of title 18); or
(B) coin, obligation, or other security of the government of
a foreign country;
(4) material or equipment used, or intended to be used, in
making a coin, obligation, or other security referred to in clause
(3) of this subsection;
(5) a cigarette involved in a violation of chapter 114 of title
18 or a regulation prescribed under chapter 114; or
(6)(A) a counterfeit label for a phonorecord, copy of a computer
program or computer program documentation or packaging, or copy of a
motion picture or other audiovisual work (as defined in section 2318
of title 18);
(B) a phonorecord or copy in violation of section 2319 of title
18;
(C) a fixation of a sound recording or music video of a live
musical performance in violation of section 2319A of title 18; or
(D) any good bearing a counterfeit mark (as defined in section
2320 of title 18).
(b) Prohibitions.--A person may not--
(1) transport contraband in an aircraft, vehicle, or vessel;
(2) conceal or possess contraband on an aircraft, vehicle, or
vessel; or
(3) use an aircraft, vehicle, or vessel to facilitate the
transportation, concealment, receipt, possession, purchase, sale,
exchange, or giving away of contraband.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1353; Pub. L. 104-
153, Sec. 13, July 2, 1996, 110 Stat. 1389.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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80302(a)(1)........................... 49 App.:781(b)(1). Aug. 9, 1939, ch. 618, Sec. 1(b)(1),
53 Stat. 1291; restated Aug. 9, 1950,
ch. 655, 64 Stat. 427.
49 App.:787(d). Aug. 9, 1939, ch. 618, Sec. 7(d), 53
Stat. 1293; restated Oct. 27, 1970,
Pub. L. 91-513, Sec. 1102(r), 84
Stat. 1294.
80302(a)(2)........................... 49 App.:781(b)(2). Aug. 9, 1939, ch. 618, Sec. 1(b)(2),
(3), 53 Stat. 1291; Nov. 2, 1978, Pub.
L. 95-575, Sec. 3(a)(1), (2), 92
Stat. 2465.
49 App.:787(e). Aug. 9, 1939, ch. 618, Sec. 7(e), 53
Stat. 1293; Nov. 2, 1978, Pub. L. 95-
575, Sec. 3(b)(1), 92 Stat. 2465.
80302(a)(3)........................... 49 App.:781(b)(3) (words before
1st semicolon).
49 App.:787(f). Aug. 9, 1939, ch. 618, Sec. 7(f), 53
Stat. 1293; restated Oct. 31, 1951,
ch. 655, Sec. 55(b), 65 Stat. 729;
Nov. 2, 1978, Pub. L. 95-575, Sec.
3(b)(2), 92 Stat. 2465.
80302(a)(4)........................... 49 App.:781(b)(3) (words after
1st semicolon).
80302(a)(5)........................... 49 App.:781(b)(4). Aug. 9, 1939, ch. 618, 53 Stat. 1291,
Secs. 1(b)(4), 7(g); added Nov. 2,
1978, Pub. L. 95-575, Sec. 3(a)(3),
(b)(3), 92 Stat. 2465.
49 App.:787(g).
80302(b).............................. 49 App.:781(a). Aug. 9, 1939, ch. 618, Sec. 1(a), 53
Stat. 1291.
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In subsection (a)(1)(A) and (B), the words ``dealing therewith'' are
omitted as surplus.
In subsection (a)(1)(A), the words ``has been or'' are omitted as
surplus.
In subsection (a)(1)(C), before subclause (i), the word
``transported'' is substituted for ``carried or transported'' to
eliminate unnecessary words. In subclause (ii), the words ``the Canal
Zone'' are omitted because of the Panama Canal Treaty of 1977. The words
``a place in'' are added for consistency in the revised title.
In subsection (a)(2), the words ``involved in a violation'' are
substituted for ``with respect to which there has been committed any
violation'' to eliminate unnecessary words. The text of 49 App.:787(e)
is omitted as unnecessary because of the restatement. The National
Firearms Act referred to in the source provisions has been repealed and
replaced by chapter 53 of the Internal Revenue Code of 1986 (26 U.S.C.
5801 et seq.).
In subsection (a)(3), before subclause (A), the words ``falsely
made'' are omitted as being included in ``counterfeit''. In subclause
(B), the words ``coin, obligation, or other security'' are added for
clarity.
In subsection (a)(4), the words ``equipment used'' are substituted
for ``apparatus, or paraphernalia fitted . . . which shall have been
used'' to eliminate unnecessary words. The words ``coin, obligation, or
other security referred to in clause (3) of this subsection'' are
substituted for ``such falsely made, forged, altered, or counterfeit
coin or obligation or other security'' because of the restatement.
In subsection (a)(5), the text of 49 App.:787(g) is omitted as
unnecessary because the term ``cigarettes'' does not appear in 49 App.:
ch. 11 and because the definition of ``contraband cigarettes'' referred
to is part of 18:ch. 114.
In subsection (b), before clause (1), the words ``A person may not''
are substituted for ``It shall be unlawful'' for consistency in the
revised title. In clause (1), the word ``transport'' is substituted for
``transport, carry, or convey'' because it is inclusive. In clause (2),
the words ``or upon the person of anyone in or upon any vessel, vehicle,
or aircraft'' are omitted as unnecessary. In clause (3), the word
``transportation'' is substituted for ``transportation, carriage,
conveyance'' for consistency in this section. The word ``barter'' is
omitted as being included in ``exchange''.
Amendments
1996--Subsec. (a)(6). Pub. L. 104-153 added par. (6).
Section Referred to in Other Sections
This section is referred to in sections 80303, 80304 of this title;
title 19 section 1595a.
