Nebraska Administrative Code
Topic - STATE PATROL
Title 272 - NEBRASKA STATE PATROL
Chapter 5 - SCOPE AND DEFINITIONS
Section 272-5-002
Current through March 20, 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.
