Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 5 - SCOPE AND DEFINITIONS › Section 272-5-002

Current through June 17, 2024
These Regulations shall not apply to:
002.01 Explosive materials while being
				transported in conformity with Federal Law or Regulations, nor except as may be
				otherwise provided in this Act, to the ownership, possession, storage, use,
				transportation, purchase, or sale of explosive materials by the Armed Forces of
				the United States, the National Guard, other reserve components of the Armed
				Forces of the United States.
002.02
				Common, Contract, and Private carriers transporting explosive materials in the
				lawful, ordinary course of business. Common carriers by air, highway, railway,
				or water transporting explosive materials into this State or within the
				boundaries of this State, and contract or private carriers by motor vehicle
				transporting explosive materials into this State or within the boundaries of
				this State, and which contract or private carriers are engaged in such business
				pursuant to certificate or permit by whatever name issued to them by any
				Federal or State officer, agency, bureau, commission or department and
				operating within the Regulations prescribed by such Federal or State officer,
				agency, bureau, commission, or department shall be excepted. All transportation
				of explosive materials subject to the effects of these Regulations shall be in
				conformity with such safety regulations as contained in these
				Regulations.
002.03 The use of
				explosive materials in medicines and medicinal agents in forms prescribed by
				the official United States Pharmacopoeia, or the National Formulary.
002.04 The sale, transportation, shipment,
				receipt, or importation of explosive materials for delivery to any agency of
				the United States or to any state or political subdivision thereof.
002.05 Small arms ammunition and components
				thereof.
002.06 The storage or
				possession of or dealing in black powder used for recreation purposes by a
				sportsperson.
002.07 The storage or
				possession of or dealing in smokeless propellants, percussion caps, primers,
				and other components used by a sportsperson in the reloading of small arms
				ammunition.
002.08 The possession
				of bona fide war trophies capable of exploding and innocently found explosive
				materials possessed under circumstances negating an intent to use the same
				unlawfully, but the owner thereof shall surrender such items forthwith to any
				nationally certified hazardous device technician or military explosive ordnance
				expert upon demand by law enforcement officer or fire department.
002.09 The storage in minimum amounts
				necessary for lawful educational purposes of explosive materials to be used in
				the natural science laboratories of any state accredited school
				system.
002.10 The Nebraska State
				Patrol shall have the power to grant exemption from these rules and regulations
				upon request in writing, when such request shows that the enforcement of the
				rules and regulations will cause unnecessary hardship to the petitioner,
				provided that said request shall not be granted where the requested
				modification of these rules and regulations will constitute a distinct hazard
				to life or adjoining property. Such petition shall state full particulars of
				such exemptions requested and when granted shall be attached to the
				notification of approval. Copies of the request shall be retained by the
				Nebraska State Patrol.