272 Neb. Admin. Code, ch. 5, § 006

Current through September 17, 2024
Section 272-5-006 - Permit Restrictions
006.01 No explosive or blasting agent shall be sold, given, or delivered, to any person who does not display a valid permit issued by the Nebraska State Patrol authorizing the storage or use of such explosive materials, or in the case of a business enterprise, a permit to purchase such explosive materials or a federal license or a permit.
006.02 No permit shall be assigned or in any way transferred.
006.03 No permit holder shall manufacture, sell, store, transport, or use explosives or blasting agents except in compliance with the regulations promulgated by the Nebraska State Patrol and as per provisions of Sections 28-1213 to 28-1239 Neb. Rev. Stat.
006.04 No person shall have any explosives or blasting agents in his or her possession or control without a permit required by Section 28-1229 Neb. Rev. Stat. except for authorized exceptions.
006.05 The Nebraska State Patrol shall not issue a permit to store or use explosive materials to any person who:
006.05A Is under twenty-one years of age;
006.05B Has been convicted in any court of a felony;
006.05C Is charged with a felony;
006.05D Is a fugitive from justice;
006.05E Is an unlawful user of marijuana, or any depressant, stimulant, or narcotic drug;
006.05F Has been admitted as a patient or inmate in a public or private institution for the treatment of mental or emotional disease or disorder within (5) years preceding the date of application; or
006.05G Has no reasonable, educational, industrial, commercial, agricultural, recreational, or other legitimate need for a permit to store or use explosive materials. Recreational use shall be defined as the use of explosives for public display.
006.05H Has been convicted in any court of a misdemeanor crime of domestic violence? This includes any misdemeanor conviction involving the use or attempted use of physical force committed by current or former spouse, parent, or guardians of the victim or by a person with the similar relationship with the victim.
006.05I Is subject to a court order restraining the applicant from harassing, stalking, or threatening an intimate partner or child of such partner? An intimate partner shall be defined as the spouse of the person, a former spouse of the person, and individual who is a parent of a child of the person, and individual who cohabits or has cohabited with the person.
006.05J Is an alien illegally in the United States.
006.05K Has violated any provision of Nebraska State Statutes 28-1213 through 28-1239 or of 18 U.S.C. chapter 40 or the rules and regulations of the Nebraska State Patrol;
006.06L Whenever the Nebraska State Patrol denies an application for a permit or the renewal thereof, the Nebraska State Patrol shall, within twenty days of such denial, give notice thereof and the reasons therefor in writing to the applicant, personally or by mail, to the address given in the application. The notice of denial shall also advise the applicant of his or her right to appeal. Such denial may be appealed to the Nebraska State Patrol within ten business days of receipt of notification of denial.

272 Neb. Admin. Code, ch. 5, § 006