§396-9  Explosives.  (a)  No personshall use, store, or deal in explosives unless the person has first obtained acertificate of fitness.  A certificate of fitness shall only be issued to anindividual and shall set forth the individual's competency and provide for theindividual's positive identification.  Certificates of fitness may be limitedas to types or kinds of explosives or to the use of explosives for specificpurposes.

(b)  No dealer shall sell or deliver explosivesto any person who does not hold a certificate of fitness.

(c)  It shall be unlawful for any person to useor possess any explosives unless the person has a certificate of fitness or isusing the explosives under the immediate supervision and direction of a holderof the certificate.

Any person who violates this section shall besubject to arrest and upon conviction, shall be fined not more than $1,000 orimprisoned not more than one year, or both, provided that an employer or anemployee acting within the scope of employment shall not be deemed to be inviolation of this section.

(d)  Any certificate of fitness issued underthis section may be revoked or suspended by the director on any groundspecified in the rules adopted under this chapter, or for any violation of thissection.

(e)  Any certificate issued under this section,during any time of national emergency or crisis, may be suspended or canceledby the director.  A national emergency or crisis shall be deemed to exist whenit has been so determined under section 134-34.

(f)  This section shall not apply to the armedforces of the United States, to employees of the United States, or the state orcounty police or fire departments who are authorized to handle explosives. [L1972, c 57, pt of §1; am L 1975, c 50, §3; gen ch 1985; am L 1998, c 259, §3]