State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-1213

28-1213. Explosives, destructivedevices, other terms; defined.For purposes ofsections 28-1213 to 28-1239, unless the context otherwise requires:(1) Person means any individual, corporation, company, association,firm, partnership, limited liability company, society, or joint-stock company;(2) Business enterprise means any corporation, partnership,limited liability company, company, or joint-stock company;(3) Explosive materials means explosives, blasting agents,and detonators;(4) Explosives means any chemical compound, mixture, or device,the primary or common purpose of which is to function by explosion, including,but not limited to, dynamite and other high explosives, black powder, pelletpowder, initiating explosives, detonators, safety fuses, squibs, detonatingcord, ignited cord, igniters, display fireworks as defined in section 28-1241,and firecrackers or devices containing more than one hundred thirty milligramsof explosive composition, but does not include consumer fireworksas defined in such section, gasoline, kerosene, naphtha, turpentine, benzine,acetone, ethyl ether, benzol, fixed ammunition and primers for small arms,safety fuses, or matches;(5) Blasting agent means any material or mixture intended for blasting whichmeets the requirements of 49 C.F.R. part 173, subpart C, Definitions, Classification and Packaging for Class I, assuch subpart existed on January1, 2010;(6) Detonator means any device containing an initiating orprimary explosive that is used for initiating detonation. Excluding ignitionor delay charges, a detonator shall not contain more than ten grams of explosivematerial per unit. Detonator includes an electric detonator of instantaneousor delay type, a detonator for use with safety fuses, a detonating cord delayconnector, and a nonelectric detonator of instantaneous or delay type whichconsists of detonating cord, shock tube, or any other replacement for electricleg wires;(7)(a) Destructive devices means:(i) Any explosive, incendiary, chemical or biological poison,or poison gas (A) bomb, (B) grenade, (C) rocket having a propellant chargeof more than four ounces, (D) missile having an explosive or incendiary chargeof more than one-quarter ounce, (E) mine, (F) booby trap, (G) Molotov cocktail,(H) bottle bomb, (I) vessel or container intentionally caused to rupture ormechanically explode by expanding pressure from any gas, acid, dry ice, orother chemical mixture, or (J) any similar device, the primary or common purposeof which is to explode and to be used as a weapon against any person or property;or(ii) Any combination of parts either designed or intendedfor use in converting any device into a destructive device as defined in subdivision(7)(a)(i) of this section from which a destructive device may be readily assembled.(b) The term destructive device does not include (i) any devicewhich is neither designed nor redesigned for use as a weapon to be used againstperson or property, (ii) any device, although originally designed for useas a weapon, which is redesigned for use as a signaling, pyrotechnic, line-throwing,safety, or similar device, (iii) surplus ordnance sold, loaned, or given bythe Secretary of the Army pursuant to 10 U.S.C. 4684(2), 4685, or 4686, assuch sections existed on March 7, 2006, (iv) any other device which the NebraskaState Patrol finds is not likely to be used as a weapon or is an antique,or (v) any other device possessed under circumstances negating an intent thatthe device be used as a weapon against any person or property;(8) Federal permittee means any lawful user of explosive materialswho has obtained a federal user permit under 18 U.S.C. chapter 40, as suchchapter existed on January 1,2010;(9) Federal licensee means any importer, manufacturer, ordealer in explosive materials who has obtained a federal importers', manufacturers',or dealers' license under 18 U.S.C. chapter 40, as such chapter existed on January 1, 2010; and(10) Smokeless propellants means solid propellants commonlycalled smokeless powders in the trade and used in small arms ammunition. SourceLaws 1977, LB 38, § 245; Laws 1988, LB 893, § 1; Laws 1989, LB 215, § 1; Laws 1993, LB 121, § 180; Laws 1993, LB 163, § 1; Laws 1999, LB 131, § 1; Laws 2002, LB 82, § 9; Laws 2006, LB 1007, § 1; Laws 2010, LB880, § 1.Operative Date: October 1, 2010