2005 Nevada Revised Statutes - Chapter 476 — Explosives and Inflammable Materials

CHAPTER 476 - EXPLOSIVES AND INFLAMMABLEMATERIALS

NRS 476.010 Salesand records of dealers in explosives; penalty.

NRS 476.020 Makingor possessing explosive or combustible substance in city or town: Penalty.

NRS 476.030 Injuryto person or property by negligent use of explosive or combustible substance:Penalty.

NRS 476.040 Sale or transportation of explosive or combustible substance without conspicuous marking:Penalty.

NRS 476.050 Endangeringproperty by explosives: Penalty.

NRS 476.060 Procedurefor prohibition of storage of explosive or combustible materials in city ortown: Petition; order; publication; penalties.

NRS 476.070 Unlawfulto discharge tracer or incendiary ammunition within certain areas; penalty;exceptions.

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NRS 476.010 Salesand records of dealers in explosives; penalty.

1. Except in the due course of trade, it is unlawfulfor any dealer in dynamite, nitroglycerine, gunpowder or other high explosiveto dispose of, transfer or sell to any person, in any unusual manner, anexcessive amount of such commodities.

2. A record shall be kept by all dealers in suchcommodities of all such sales of the same made by them, showing the purpose forwhich the same is to be used and to whom sold.

3. No such sale of such commodities shall be made toany person except upon a signed order delivered to the merchant dealing in thesame, stating the purpose and use to which the same is to be put.

4. Any person violating the provisions of this sectionshall be guilty of a gross misdemeanor.

[1911 C&P 309; RL 6574; NCL 10257] + [1911C&P 310; RL 6575; NCL 10258]

NRS 476.020 Makingor possessing explosive or combustible substance in city or town: Penalty. Every person who makes or possesses any explosive orcombustible substance in any city or town, or carries it through the streetsthereof in a quantity or manner prohibited by law or by ordinance of suchmunicipality, is guilty of a misdemeanor.

[Part 1911 C&P 300; RL 6565; NCL 10248](NRS A 1971, 1460; 1979, 1482)

NRS 476.030 Injuryto person or property by negligent use of explosive or combustible substance:Penalty. Every person who, by careless,negligent or unauthorized use or management of any explosive or combustiblesubstance, injures or causes injury to the person or property of another isguilty of a misdemeanor.

[Part 1911 C&P 300; RL 6565; NCL 10248](NRS A 1971, 1460; 1979, 1482)

NRS 476.040 Sale or transportation of explosive or combustible substance withoutconspicuous marking: Penalty. Every person whooffers for sale, or who delivers to any warehouseman, dock, depot or commoncarrier any package, cask or can containing benzine, gasoline, naphtha,nitroglycerine, dynamite, powder or other explosive or combustible substance,without having printed thereon in a conspicuous place in large letters the wordExplosive, is guilty of a misdemeanor.

[1911 C&P 301; RL 6566; NCL 10249](NRS A1971, 1460; 1979, 1482)

NRS 476.050 Endangeringproperty by explosives: Penalty. A person whomaliciously places any explosive substance or material in, upon, under, againstor near any building, car, vessel, railroad track or structure, in such amanner or under such circumstances as to destroy or injure the same ifexploded, is guilty of a category B felony, and shall be punished byimprisonment in the state prison for a minimum term of not less than 2 yearsand a maximum term of not more than 10 years.

[1911 C&P 486; RL 6751; NCL 10433](NRS A1967, 590; 1995, 1297)

NRS 476.060 Procedurefor prohibition of storage of explosive or combustible materials in city ortown: Petition; order; publication; penalties.

1. Whenever there is filed with the board of countycommissioners of any county a petition signed by 10 percent of the residents ofany town or incorporated city within the county, the 10 percent to be computedfrom the number of persons paying taxes in the town or incorporated cityaccording to the last preceding assessment roll, praying that the storage ofgunpowder, explosive or combustible materials be prohibited within the limitsof such town or city, the board shall, at the meeting of such board when thepetition is filed, make and enter on the minutes of its proceedings an orderprohibiting the storage of explosives or combustible materials within suchdistance of the town or city as the board may deem safe and proper, but the distancenamed in the order for such storage shall not be less than one-fourth of a milefrom the limits of the town or city.

2. The order mentioned in subsection 1 to be made bythe board may be published by the clerk of the board of county commissionersfor 2 weeks successively in some newspaper published and printed in the town orcity to which the order applies, or a copy of the order shall be postedconspicuously in three public places in the town or city. The publication orposting shall constitute due notice to all concerned.

3. This section does not prohibit or prevent:

(a) The storage by any person, firm or corporationwithin the limit prescribed by the order of any board, of not more than 100pounds of black and smokeless gunpowder or rifle powder, and not more than 500gallons of kerosene oil.

(b) The keeping within such limit of shotgun or rifleshells and cartridges and cartridge percussion caps by any business firm orindividual.

(c) The storing of powder underground in mines.

4. Any board of county commissioners, or any memberthereof, failing, neglecting or refusing to comply with all of the provisionsof subsection 1 is guilty of a misdemeanor, and proceedings shall at once beinstituted by the district attorney, or may be instituted by any citizen of thecounty against such board, or against any member thereof. Such conviction shallipso facto remove such board, or any member thereof so convicted, from office.Notice of the vacancy thereby created shall be certified by the districtattorney to the Governor. Within 20 days from the receipt of such notice, theGovernor shall make appointments to fill such vacancy as may be created.

5. Any person, firm, company or corporation continuingto store any explosive or combustible materials within the limit prescribed bysuch order and notice, after 2 weeks subsequent to the giving of notice, orafter 3 weeks subsequent to the making of such order, is guilty of amisdemeanor.

[1:101:1905; RL 1946; NCL 2885] + [2:101:1905; RL 1947; NCL 2886] + [3:101:1905; RL 1948; NCL 2887](NRS A 1967, 591;1971, 1460; 1979, 1482)

NRS 476.070 Unlawfulto discharge tracer or incendiary ammunition within certain areas; penalty;exceptions.

1. Any person who discharges any bullet, projectile orammunition of any kind which is tracer or incendiary in nature on any grass,brush, forest or crop-covered land is guilty of a misdemeanor.

2. This section does not apply to:

(a) Any member of the Armed Forces of the United Statesor the Nevada National Guard while such member is on active duty;

(b) Any law enforcement officer of this state or the United States; or

(c) The possession or use of such ammunition on landowned or leased by the United States when possessed or used at the direction ofan authorized official of the United States.

(Added to NRS by 1967, 1078; A 1971, 1461; 1979,1483)