What is explosives charges federal

| by Max Soni

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We’ve been defending federal cases for over 40 years of combined experience, handling cases others call unwinnable. You’ve probably heard about some of our work – Todd represented Anna Delvey in the case that became a Netflix series, handled the Ghislaine Maxwell juror misconduct matter, and defended clients in cases that made national headlines. If you’re reading this, you’re likely facing explosives charges at the federal level or know someone who is. These cases are serious, they move fast, and the penalties can destroy your life.

Federal explosives charges fall under 18 USC 842 and 18 USC 844. The government doesn’t mess around with explosives cases – ATF agents investigate them aggressively, federal prosecutors charge them heavily, and judges sentence them harshly. Someone caught with a pipe bomb faces ten years. Someone who uses explosives and causes death can get life imprisonment or the death penalty. The gap between those outcomes depends on what happened, what you did, and how your case gets charged.

18 USC 842 covers the regulatory side. It’s illegal to manufacture, import, distribute, or deal in explosive materials without a federal license from ATF. You can’t transport explosives across state lines without authorization. You can’t receive stolen explosives, you can’t store them improperly, and if someone steals your explosives you have 24 hours to report it or you’re committing a crime yourself. The statute also makes it a federal offense to teach someone how to build a bomb or explosive device – even if no explosion occurs, even if nobody gets hurt, prosecutors can charge you with up to 20 years just for the instruction.

That teaching provision catches more people than you’d think. Post something online showing how to construct a destructive device, share information in a group chat, demonstrate bomb-making techniques – federal prosecutors consider that a violation of 842. They don’t need to prove you intended violence. They don’t need to prove anyone actually built anything. The act of teaching is the crime.

18 USC 844 is where penalties escalate dramatically. This statute addresses the actual use of explosives. Transporting or receiving explosives in interstate commerce with knowledge or intent that they’ll be used to kill, injure, intimidate, or damage property brings ten years. If someone gets injured – 20 years. If someone dies – life imprisonment, or prosecutors can seek the death penalty under federal law. These aren’t theoretical maximums, they’re real sentences federal judges impose when explosives cases go to trial and defendants lose.

A recent case from 2025 shows how quickly these charges develop. Grzegorz Vandenberg, a 48-year-old Texas man, got charged after purchasing fireworks in New Mexico. According to DOJ documents, he told store employees he had special forces military experience, could make pipe bombs, and was heading to Los Angeles to attack police during protests. He didn’t build anything yet, he didn’t hurt anyone, he bought fireworks at a travel center – but federal prosecutors charged him based on his statements and intent. That’s how explosives cases work at the federal level. The government moves before the explosion happens.

In May 2025, Jeremy Barr from Collinsville, Illinois got sentenced to 46 months in federal prison for possessing destructive devices after pleading guilty to making pipe bombs. No explosion occurred, nobody got hurt, but possession alone was enough for almost four years in federal prison. Compare that to Abdurrahim Jalal in Georgia, who used a pipe bomb to blow up an ATM in a bank theft. He’s facing sentencing in September 2025 with a mandatory minimum of 15 years and a maximum of 60 years because he combined the explosives charge with bank theft and arson. Same basic weapon – pipe bomb – but wildly different sentences based on what happened.

ATF plays the lead role in federal explosives investigations. Their agents are trained specifically in explosives identification, bomb scene investigation, and tracing explosive materials. When local police find explosives or respond to a bombing, ATF typically gets called in. If you’re under investigation for explosives violations, ATF agents are probably already building the case – interviewing witnesses, examining physical evidence, working with federal prosecutors to determine charges.

You don’t need large quantities to face serious federal charges. A single pipe bomb counts as a destructive device under federal law. Possessing an unregistered destructive device brings up to ten years. Certain explosives can be legally owned if properly registered with ATF under the National Firearms Act, but almost nobody goes through that registration process for pipe bombs. Possession of even one device becomes a federal felony.

Mandatory minimum sentences apply in certain explosives cases. Using an explosive during commission of a felony – ten years mandatory, consecutive to whatever the underlying felony brings. A second conviction – 20 years mandatory. These aren’t suggestions, they’re statutory requirements federal judges must follow. When prosecutors charge you with using explosives during another crime, they’re stacking mandatory minimums on top of your other exposure.

Defense strategies in federal explosives cases often focus on a few critical issues. Did you actually possess the explosive material, or did someone else have custody and control. Did you know what the material was – the government has to prove knowledge in most explosives offenses. Were your constitutional rights violated during the search or investigation. Can the government prove interstate commerce, which is required for federal jurisdiction in many explosives cases. Federal jurisdiction requires a connection to interstate commerce – if any component of the explosive device came from another state, that’s typically enough for prosecutors.

At Spodek Law Group, we’ve handled federal cases involving weapons, explosives, and violent crime allegations for decades. Todd Spodek is a second-generation criminal defense lawyer who learned the court system working for his father’s law firm as a child. Our firm has former federal prosecutors on staff who understand exactly how the government builds explosives cases, what evidence they need, and where their case might be vulnerable. We’ve been featured in the New York Post, Newsweek, Bloomberg, and other major outlets for our work on high-profile federal cases.

If you’re facing federal explosives charges, time matters. The moment ATF or FBI agents start asking questions, you need a lawyer. Don’t talk to investigators without counsel present – they’re not trying to help you, they’re building a case for prosecution. Don’t consent to searches of your property, vehicles, or electronic devices. Federal agents are trained interrogators and anything you say will be used against you. Explosives cases often involve conspiracy charges too, which means statements from co-defendants can become evidence against you.

Federal prosecutors view explosives cases as terrorism-adjacent even when there’s no political motive. Judges view defendants in explosives cases as dangerous, which affects bail decisions, plea negotiations, and sentencing outcomes. Your defense attorney needs to understand not just the legal elements of the charges, but the emotional and political context surrounding explosives prosecutions in 2025. We’re available 24/7 to discuss your case – federal explosives charges require immediate attention from lawyers who know this area of law. Our firm represents clients nationwide in federal court. Reach out to us now, before you make statements or decisions that can’t be undone.