Here is sort of a dumb question... What LAW forbids the ownership of a nuclear device? Have to register it as a Destructive Device, and pay a $200 tax stamp. I'm sure there are hundreds of DOE regulations you must comply with. But is it actually illegal right now?
" TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A--Atomic Energy
SUBCHAPTER VIII--MILITARY APPLICATION OF ATOMIC ENERGY
Sec. 2121. Authority of Commission
(a) Research and development; weapons production; hazardous wastes;
transfers of technologies
The Commission is authorized to--
(1) conduct experiments and do research and development work in
the military application of atomic energy;
(2) engage in the production of atomic weapons, or atomic weapon
parts, except that such activities shall be carried on only to the
extent that the express consent and direction of the President of
the United States has been obtained, which consent and direction
shall be obtained at least once each year;
(3) provide for safe storage, processing, transportation, and
disposal of hazardous waste (including radioactive waste) resulting
from nuclear materials production, weapons production and
surveillance programs, and naval nuclear propulsion programs;
(4) carry out research on and development of technologies needed
for the effective negotiation and verification of international
agreements on control of special nuclear materials and nuclear
weapons; and
(5) under applicable law (other than this paragraph) and
consistent with other missions of the Department of Energy, make
transfers of federally owned or originated technology to State and
local governments, private industry, and universities or other
nonprofit organizations so that the prospects for commercialization
of such technology are enhanced.
(b) Material for Department of Defense use
The President from time to time may direct the Commission (1) to
deliver such quantities of special nuclear material or atomic weapons to
the Department of Defense for such use as he deems necessary in the
interest of national defense, or (2) to authorize the Department of
Defense to manufacture, produce, or acquire any atomic weapon or
utilization facility for military purposes: Provided, however, That such
authorization shall not extend to the production of special nuclear
material other than that incidental to the operation of such utilization
facilities."
That's a good start. Here's the teeth:
" TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES
Sec. 831. Prohibited transactions involving nuclear materials
(a) Whoever, if one of the circumstances described in subsection (c)
of this section occurs--
(1) without lawful authority, intentionally receives, possesses,
uses, transfers, alters, disposes of, or disperses any nuclear
material or nuclear byproduct material and--
(A) thereby knowingly causes the death of or serious bodily
injury to any person or substantial damage to property or to the
environment; or
(B) circumstances exist, or have been represented to the
defendant to exist, that are likely to cause the death or
serious bodily injury to any person, or substantial damage to
property or to the environment;
(2) with intent to deprive another of nuclear material or
nuclear byproduct material, knowingly--
(A) takes and carries away nuclear material or nuclear
byproduct material of another without authority;
(B) makes an unauthorized use, disposition, or transfer, of
nuclear material or nuclear byproduct material belonging to
another; or
(C) uses fraud and thereby obtains nuclear material or
nuclear byproduct material belonging to another;
(3) knowingly--
(A) uses force; or
(B) threatens or places another in fear that any person
other than the actor will imminently be subject to bodily
injury;
and thereby takes nuclear material or nuclear byproduct material
belonging to another from the person or presence of any other;
(4) intentionally intimidates any person and thereby obtains
nuclear material or nuclear byproduct material belonging to another;
(5) with intent to compel any person, international
organization, or governmental entity to do or refrain from doing any
act, knowingly threatens to engage in conduct described in paragraph
(2)(A) or (3) of this subsection;
(6) knowingly threatens to use nuclear material or nuclear
byproduct material to cause death or serious bodily injury to any
person or substantial damage to property or to the environment under
circumstances in which the threat may reasonably be understood as an
expression of serious purposes;
(7) attempts to commit an offense under paragraph (1), (2), (3),
or (4) of this subsection; or
(8) is a party to a conspiracy of two or more persons to commit
an offense under paragraph (1), (2), (3), or (4) of this subsection,
if any of the parties intentionally engages in any conduct in
furtherance of such offense;
shall be punished as provided in subsection (b) of this section.
(b) The punishment for an offense under--
(1) paragraphs (1) through (7) of subsection (a) of this section
is--
(A) a fine under this title; and
(B) imprisonment--
(i) for any term of years or for life (I) if, while
committing the offense, the offender knowingly causes the
death of any person; or (II) if, while committing an offense
under paragraph (1) or (3) of subsection (a) of this
section, the offender, under circumstances manifesting
extreme indifference to the life of an individual, knowingly
engages in any conduct and thereby recklessly causes the
death of or serious bodily injury to any person; and
(ii) for not more than 20 years in any other case; and
(2) paragraph (8) of subsection (a) of this section is--
(A) a fine under this title; and
(B) imprisonment--
(i) for not more than 20 years if the offense which is
the object of the conspiracy is punishable under paragraph
(1)(B)(i); and
(ii) for not more than 10 years in any other case.
(c) The circumstances referred to in subsection (a) of this section
are that--
(1) the offense is committed in the United States or the special
maritime and territorial jurisdiction of the United States, or the
special aircraft jurisdiction of the United States (as defined in
section 46501 of title 49);
(2) an offender or a victim is--
(A) a national of the United States; or
(B) a United States corporation or other legal entity;
(3) after the conduct required for the offense occurs the
defendant is found in the United States, even if the conduct
required for the offense occurs outside the United States;
(4) the conduct required for the offense occurs with respect to
the carriage of a consignment of nuclear material or nuclear
byproduct material by any means of transportation intended to go
beyond the territory of the state where the shipment originates
beginning with the departure from a facility of the shipper in that
state and ending with the arrival at a facility of the receiver
within the state of ultimate destination and either of such states
is the United States; or
(5) either--
(A) the governmental entity under subsection (a)(5) is the
United States; or
(B) the threat under subsection (a)(6) is directed at the
United States.
(d) The Attorney General may request assistance from the Secretary
of Defense under chapter 18 of title 10 in the enforcement of this
section and the Secretary of Defense may provide such assistance in
accordance with chapter 18 of title 10, except that the Secretary of
Defense may provide such assistance through any Department of Defense
personnel.
(e)(1) The Attorney General may also request assistance from the
Secretary of Defense under this subsection in the enforcement of this
section. Notwithstanding section 1385 of this title, the Secretary of
Defense may, in accordance with other applicable law, provide such
assistance to the Attorney General if--
(A) an emergency situation exists (as jointly determined by the
Attorney General and the Secretary of Defense in their discretion);
and
(B) the provision of such assistance will not adversely affect
the military preparedness of the United States (as determined by the
Secretary of Defense in such Secretary's discretion).
(2) As used in this subsection, the term ``emergency situation''
means a circumstance--
(A) that poses a serious threat to the interests of the United
States; and
(B) in which--
(i) enforcement of the law would be seriously impaired if
the assistance were not provided; and
(ii) civilian law enforcement personnel are not capable of
enforcing the law.
(3) Assistance under this section may include--
(A) use of personnel of the Department of Defense to arrest
persons and conduct searches and seizures with respect to violations
of this section; and
(B) such other activity as is incidental to the enforcement of
this section, or to the protection of persons or property from
conduct that violates this section.
(4) The Secretary of Defense may require reimbursement as a
condition of assistance under this section.
(5) The Attorney General may delegate the Attorney General's
function under this subsection only to a Deputy, Associate, or Assistant
Attorney General.
(f) As used in this section--
(1) the term ``nuclear material'' means material containing
any--
(A) plutonium;
(B) uranium not in the form of ore or ore residue that
contains the mixture of isotopes as occurring in nature;
(C) enriched uranium, defined as uranium that contains the
isotope 233 or 235 or both in such amount that the abundance
ratio of the sum of those isotopes to the isotope 238 is greater
than the ratio of the isotope 235 to the isotope 238 occurring
in nature; or
(D) uranium 233;
(2) the term ``nuclear byproduct material'' means any material
containing any radioactive isotope created through an irradiation
process in the operation of a nuclear reactor or accelerator;
(3) the term ``international organization'' means a public
international organization designated as such pursuant to section 1
of the International Organizations Immunities Act (22 U.S.C. 288) or
a public organization created pursuant to treaty or other agreement
under international law as an instrument through or by which two or
more foreign governments engage in some aspect of their conduct of
international affairs;
(4) the term ``serious bodily injury'' means bodily injury which
involves--
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty;
(5) the term ``bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of a function of a bodily member, organ, or
mental faculty; or
(E) any other injury to the body, no matter how temporary;
(6) the term ``national of the United States'' has the same
meaning as in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)); and
(7) the term ``United States corporation or other legal entity''
means any corporation or other entity organized under the laws of
the United States or any State, Commonwealth, territory, possession,
or district of the United States."
Note that, in this case, Posse Commitatus can be set aside at the request of the AG and the military can be used to recover nuclear material. As a former USAF Security Police NCO with 10 years in nuc security, I can assure you that we
would be used and that collateral damage would not be a consideration. That is, in fact, regulation where nuclear weapons are concerned. If you should happen to be taken hostage when a nuclear weapon was captured, kiss your *** goodbye, 'cause the airstrike will be inbound shortly. Serious enough for ya?