Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 2/8/2002 8:32:53 AM EDT
I just found this while looking through the US Code. It would seem to suggest that Anarchy Cookbooks are Illegal. It is 18 USC 40 Sec. 842(p):


(2) Prohibition. -

It shall be unlawful for any person -

(A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or

(B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence
View Quote
Link Posted: 2/8/2002 8:36:52 AM EDT
[#1]
One loophole to that would be that hardly any information in that book is accurate
Link Posted: 2/8/2002 8:37:06 AM EDT
[#2]
If this went to court, don't you think the First amendment would supercede this? I think so, if you got the money to go to the Supreme Court.
Link Posted: 2/8/2002 8:38:42 AM EDT
[#3]
Not under the 1st amendment.

Unless you get raided and they find a copy, along with your reloading supplies and shop tools, which of course constitutes "conspiracy", and they crucify you. [rolleyes]
Link Posted: 2/8/2002 8:38:55 AM EDT
[#4]
my interpretation is that it's just information, protected under the bor until:

Quoted:
... with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or
...
knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence
View Quote
View Quote


course, knowledge of, and intent is a tricky thing to pin down. this doesnt mean that stupid people dont occasionally use this sort of information.
Link Posted: 2/8/2002 8:38:57 AM EDT
[#5]
Quoted:
...with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or

...knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence
View Quote


Two big exceptions... if the Anarchist's Cookbook contains a disclaimer, it would probably be covered.  I don't know if it does, I have no interest in it.
Link Posted: 2/8/2002 8:41:13 AM EDT
[#6]
THE CONSTITUTION AS RATIFIED BY THE STATES
December 15, 1791

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; [red]or abridging the
freedom of speech, or of the press;[/red] or the right of the people peaceably to assemble, and to petition the Government for a
redress of grievances.
Link Posted: 2/8/2002 8:48:06 AM EDT
[#7]
How about US military manuals that teach improvised munitions etc?
Link Posted: 2/8/2002 8:51:21 AM EDT
[#8]
"....with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or"

Looks like mere technical information or scholorly interest may not fall under the ***intent***  provision.
Link Posted: 2/8/2002 8:55:43 AM EDT
[#9]
Link Posted: 2/8/2002 9:13:18 AM EDT
[#10]
i think the key points are thus:

1) the Declaration of Independence clearly states: [blue]We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.[/blue]

the persuit of happiness, at least to most founding fathers, means, with little doubt, the gaining of information, the persuit of "intellectual happiness". therefore we have the right to learn, regardless of which dictatorial regime says what. period, end of story, thanks for showing up. and if we no longer have this right, then: [blue]That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.[/blue]

2) i think the law provided above relates to b0mb-making classes, not liturature ~ if i sat three of you down, and showed you how to build a b0mb, ok, no problem. neither is me having the books that taught me how to teach you how to make a b0mb. the trouble starts when i take three of you, and show you plans/designs and say "now let's get 'em!" that's intent, as prohibited above.

3) the book need not have any disclamer, the disclamer is inherant in you owning something for "informational purposes", and not for "intent" to do harm.

4) no book is, was, or ever can be illigal in this country, and God help those who try to outlaw information.
Link Posted: 2/8/2002 9:18:46 AM EDT
[#11]
Quoted:
and God help those who try to outlaw information.
View Quote

i dont think god will be helping them, no matter how loudly they proclaim that he told them to do it.
Link Posted: 2/8/2002 9:23:34 AM EDT
[#12]
Quoted:

(A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or

(B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence
View Quote
View Quote


Key Points:

"...with the [b]intent[/b] that the teaching, demonstration, or information [b]be used for... Federal crime of violence[/b]."

1) Clearly military manuals are not [b]intended[/b] to teach how to violate Federal laws.

2) Proving "intent" requires more than simply possessing the book.  But finding additional bomb-making supplies, plans, blueprints, "hit-lists" in a persons's house would all be taken together to support a persons "intent".  A book alone does not demonstrate intent.

3) First Amendment does not allow [b]ALL[/b] forms of speech - don't try to use that to support [b]ALL[/b] written documents.  (i.e. inciting riot, conspiracy, slander, verbal/written threats, etc. are NOT protected by 1st Amendment.  [b]ALL[/b] rights have limitations. (yes, even right to life - just ask Ted Bundy... whoops! guess you can't ask him now can you!)


Link Posted: 2/8/2002 10:22:41 AM EDT
[#13]
Link Posted: 2/8/2002 11:04:51 AM EDT
[#14]
Free information available from PBS a few nights ago:

Black Powder

1 part Sulfer
1 part Charcoal
2 parts Saltpeter

1. Grind together

Pretty simple.  Don't get yourself or anyone else hurt.
Link Posted: 2/8/2002 11:35:32 AM EDT
[#15]
Quoted:
THE CONSTITUTION AS RATIFIED BY THE STATES
December 15, 1791

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; [red]or abridging the
freedom of speech, or of the press;[/red] or the right of the people peaceably to assemble, and to petition the Government for a
redress of grievances.
View Quote



I going to have to side with this argument.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top