Nebraska Administrative Code
Topic - STATE PATROL
Title 272 - NEBRASKA STATE PATROL
Chapter 9 - STORAGE OF EXPLOSIVES
Section 272-9-020 - Record Keeping and Permitted Transactions

Universal Citation: 272 NE Admin Rules and Regs ch 9 ยง 020

Current through March 20, 2024

020.01 All transfers of explosives occurring within the State are illegal except the following:

020.01A Any holder of any permit required under Sections 28-1213 to 28-1239, Neb. Rev. Stat. (1989) or a federal permittee or licensee may transfer explosive materials to the holder of any permit issued by the Nebraska State Patrol or to a federal licensee or permittee or to a permittee or licensee holding a permit or license issued under the laws of contiguous state, provided, appropriate and accurate record keeping as further prescribed in these rules and regulations are followed. Any explosive material used or stored in the State of Nebraska, must be used or stored by a person in possession of a permit issued by the Nebraska State Patrol.

020.01B Under no conditions may any permit holder herein physically transfer to another person in the State of Nebraska any explosive materials unless the transferee physically shows the license or permit which is authorization to take possession of such explosive materials. Any resident of the State of Nebraska who holds a valid explosive permit issued by the Nebraska State Patrol and who uses explosive material in the conduct of a business or occupation may lawfully purchase explosives from a licensed seller located or residing in a state contiguous to the state of Nebraska and bring such explosive material into Nebraska. (Neb. Rev. Stat. §§ 28-1235.01 )

020.01C All other transfers are illegal.

020.02 Every person in possession of a storage permit shall maintain an accurate inventory of all explosives in his possession. Each transfer of explosive materials to other persons must be recorded to include a statement of intended use by the transferee, his or her name, date and place of birth, social security number or taxpayer identification number, and place of residence, and permit number.

020.03 Where the storage permittee is transferring the explosive materials to his or-her own agent or servant for immediate detonation, a blasting record must be maintained describing the time, place, amount, and type of explosives used in the blasting operation.

020.04 Every storage permit holder shall use such accounting methods as are adequate to determine upon inventory whether or not any explosives are unaccounted for. Further inventories to determine whether explosives are unaccounted for must be made on the first day of each calendar quarter. Shortages of the inventory which ought to be on hand shall be reported within 24 hours of discovery, in writing to the Nebraska State Patrol.

020.05 Holders of business enterprise purchase permits or use permits must in all cases maintain a record showing explosive materials that come into it's possession, stating amount and type of explosive materials. Disposition of such explosives must be shown and recorded. If such explosives are transferred to another, the information required in Chapter 9, para. 020.02 and the proof of transferee's authority required in Chapter 9, para. 020.01C must be obtained. Where such explosives are detonated, a blasting record must be maintained describing the time, place, amount and type of explosive materials used in the blasting operations. Where the same person possesses a storage permit, a business enterprise purchase permit, and a user's permit or has employees possessing user's permits, compliance with the record keeping provisions of Chapter 9, para. 020.02 through 020.04 to that person's storage permit will be deemed compliance with this section pertaining to that person's purchase permit, use permit and employees' use permits, provided that accounting methods used are adequate to discover all shortages not accounted for by detonation or valid transfers.

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