[Rev. 11/21/2013 11:58:21 AM--2013]

CHAPTER 476 - EXPLOSIVES AND INFLAMMABLE MATERIALS

GENERAL PROVISIONS

NRS 476.005           “Explosive” defined.

DISTRIBUTION, POSSESSION AND SALE OF EXPLOSIVES AND COMBUSTIBLE MATERIALS

NRS 476.010           Distribution of excessive amount of dynamite, nitroglycerine, gunpowder or other explosives; manufacture, importation, purchase or distribution of explosives; record required; information required to be included in record; unlawful to fail to make required entry or to make false or misleading entry in record; notification of law enforcement agency upon storing of explosives; penalty; exceptions.

NRS 476.030           Injury to person or property by negligent use of explosive or combustible substance: Penalty.

NRS 476.040           Sale or transportation of explosive or combustible substance without conspicuous marking: Penalty.

NRS 476.060           Procedure for prohibition of storage of explosive or combustible materials in city or town: Petition; order; publication; penalties.

NRS 476.070           Discharge of tracer or incendiary ammunition within certain areas; penalty; exceptions.

NRS 476.080           Requirements for marking container used to store explosives.

NRS 476.090           Unusual sale, purchase, theft or loss of explosive: Report required; penalty; exceptions; rebuttable presumption.

NRS 476.100           Applicability of NRS 476.010 to 476.100, inclusive.

PUBLIC SAFETY BOMB SQUADS

NRS 476.110           Definitions.

NRS 476.120           “Bomb squad commander” defined.

NRS 476.130           “Bomb technician” defined.

NRS 476.140           “National Guidelines for Bomb Technicians” defined.

NRS 476.150           “Public safety bomb squad” defined.

NRS 476.160           “Suspected improvised explosive device” defined.

NRS 476.170           Applicability.

NRS 476.180           Primary responsibilities of public safety bomb squads.

NRS 476.190           Responsibility of public safety bomb squad for certain procedures and provision of safety for members of general public; airport security programs.

NRS 476.200           Plan for notification of public safety bomb squad.

NRS 476.210           Duties of bomb squad commander; retention of final authority.

OTHER PROHIBITED ACTS

NRS 476.220           Distribution of black powder or smokeless gunpowder to persons under certain age.

_________

GENERAL PROVISIONS

      NRS 476.005  “Explosive” defined.  As used in this chapter, unless the context otherwise requires, “explosive” means any explosive material included in the list of explosive materials published in the Federal Register and revised annually by the Attorney General of the United States pursuant to 18 U.S.C. §§ 841 et seq.

      (Added to NRS by 2007, 1009; A 2009, 685)

DISTRIBUTION, POSSESSION AND SALE OF EXPLOSIVES AND COMBUSTIBLE MATERIALS

      NRS 476.010  Distribution of excessive amount of dynamite, nitroglycerine, gunpowder or other explosives; manufacture, importation, purchase or distribution of explosives; record required; information required to be included in record; unlawful to fail to make required entry or to make false or misleading entry in record; notification of law enforcement agency upon storing of explosives; penalty; exceptions.

      1.  Except in the due course of trade or as otherwise provided in subsection 9, it is unlawful for any dealer in dynamite, nitroglycerine, gunpowder or any other explosive to distribute to any person, in any unusual manner, an excessive amount of such commodities.

      2.  It is unlawful for any person to manufacture, import, purchase or distribute any explosive without creating and maintaining a written record that includes the information required pursuant to this section.

      3.  If a person involved in a transaction is not a business or governmental entity or an agent of a business or governmental entity, the written record required pursuant to subsection 2 must include all the following information:

      (a) The name of the person.

      (b) The signature of the person.

      (c) The driver’s license number of the person.

      (d) The residential address of the person.

      (e) The date of the transaction.

      (f) A statement of intended use.

      4.  If a person involved in a transaction is a business or governmental entity or an agent of a business or governmental entity, the written record required pursuant to subsection 2 must include all the following information with respect to the business or governmental entity and the agent of the business or governmental entity, if appropriate:

      (a) The name of the business or governmental entity.

      (b) The taxpayer identification number of the business or governmental entity.

      (c) The principal and local addresses of the business or governmental entity.

      (d) The name and any other appropriate personal identifying information that is sufficient to identify the agent authorized to act for the business or governmental entity.

      (e) The date of the transaction.

      (f) A statement of intended use.

      5.  It is unlawful for any person to knowingly and intentionally:

      (a) Make any false or misleading entry in a written record required pursuant to subsection 2; or

      (b) Fail to make an entry in a written record required pursuant to subsection 2.

      6.  Any person who keeps any explosive for any purpose shall do so in conformity with the regulations governing the storage of explosives promulgated by the Attorney General of the United States pursuant to 18 U.S.C. § 842 and set forth in 27 C.F.R. §§ 555.201 et seq.

      7.  Any person who stores any explosive shall, within 24 hours after beginning to store the explosive, notify the local law enforcement agency and local fire department in whose jurisdiction the explosive is stored of:

      (a) The type of explosive that is being stored; and

      (b) The location of the site where the explosive is stored.

      8.  Any person who violates the provisions of this section is guilty of a gross misdemeanor.

      9.  The provisions of this section do not apply with respect to a person who is acting in his or her official capacity as an owner, officer or employee of a company, corporation or partnership engaged in the business of mining.

      10.  As used in this section:

      (a) “Distribute” means to sell, issue, give, transfer or otherwise dispose of an explosive.

      (b) “Person” means any of the following:

             (1) A natural person.

             (2) Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.

             (3) A government, a political subdivision of a government or an agency or instrumentality of a government or a political subdivision of a government.

      [1911 C&P § 309; RL § 6574; NCL § 10257] + [1911 C&P § 310; RL § 6575; NCL § 10258]—(NRS A 2007, 1010)

      NRS 476.030  Injury to person or property by negligent use of explosive or combustible substance: Penalty.  Every person who, by careless, negligent or unauthorized use or management of any explosive or combustible substance, injures or causes injury to the person or property of another is guilty of a misdemeanor.

      [Part 1911 C&P § 300; RL § 6565; NCL § 10248]—(NRS A 1971, 1460; 1979, 1482)

      NRS 476.040  Sale or transportation of explosive or combustible substance without conspicuous marking: Penalty.  Every person who offers for sale, or who delivers to any warehouseman, dock, depot or common carrier any package, cask or can containing benzine, gasoline, naphtha, nitroglycerine, dynamite, powder or other explosive or combustible substance, without having printed thereon in a conspicuous place in large letters the word “Explosive,” is guilty of a misdemeanor.

      [1911 C&P § 301; RL § 6566; NCL § 10249]—(NRS A 1971, 1460; 1979, 1482)

      NRS 476.060  Procedure for prohibition of storage of explosive or combustible materials in city or town: Petition; order; publication; penalties.

      1.  Whenever there is filed with the board of county commissioners of any county a petition signed by 10 percent of the residents of any town or incorporated city within the county, the 10 percent to be computed from the number of persons paying taxes in the town or incorporated city according to the last preceding assessment roll, praying that the storage of gunpowder, explosive or combustible materials be prohibited within the limits of such town or city, the board shall, at the meeting of such board when the petition is filed, make and enter on the minutes of its proceedings an order prohibiting the storage of explosives or combustible materials within such distance of the town or city as the board may deem safe and proper, but the distance named in the order for such storage shall not be less than one-fourth of a mile from the limits of the town or city.

      2.  The order mentioned in subsection 1 to be made by the board may be published by the clerk of the board of county commissioners for 2 weeks successively in some newspaper published and printed in the town or city to which the order applies, or a copy of the order shall be posted conspicuously in three public places in the town or city. The publication or posting shall constitute due notice to all concerned.

      3.  This section does not prohibit or prevent:

      (a) The storage by any person, firm or corporation within the limit prescribed by the order of any board, of not more than 100 pounds of black and smokeless gunpowder or rifle powder, and not more than 500 gallons of kerosene oil.

      (b) The keeping within such limit of shotgun or rifle shells and cartridges and cartridge percussion caps by any business firm or individual.

      (c) The storing of powder underground in mines.

      4.  Any board of county commissioners, or any member thereof, failing, neglecting or refusing to comply with all of the provisions of subsection 1 is guilty of a misdemeanor, and proceedings shall at once be instituted by the district attorney, or may be instituted by any citizen of the county against such board, or against any member thereof. Such conviction shall ipso facto remove such board, or any member thereof so convicted, from office. Notice of the vacancy thereby created shall be certified by the district attorney to the Governor. Within 20 days from the receipt of such notice, the Governor shall make appointments to fill such vacancy as may be created.

      5.  Any person, firm, company or corporation continuing to store any explosive or combustible materials within the limit prescribed by such order and notice, after 2 weeks subsequent to the giving of notice, or after 3 weeks subsequent to the making of such order, is guilty of a misdemeanor.

      [1:101:1905; RL § 1946; NCL § 2885] + [2:101:1905; RL § 1947; NCL § 2886] + [3:101:1905; RL § 1948; NCL § 2887]—(NRS A 1967, 591; 1971, 1460; 1979, 1482)

      NRS 476.070  Discharge of tracer or incendiary ammunition within certain areas; penalty; exceptions.

      1.  Any person who discharges any bullet, projectile or ammunition of any kind which is tracer or incendiary in nature on any grass, brush, forest or crop-covered land is guilty of a misdemeanor.

      2.  This section does not apply to:

      (a) Any member of the Armed Forces of the United States or the Nevada National Guard while such member is on active duty;

      (b) Any law enforcement officer of this State or the United States; or

      (c) The possession or use of such ammunition on land owned or leased by the United States when possessed or used at the direction of an authorized official of the United States.

      (Added to NRS by 1967, 1078; A 1971, 1461; 1979, 1483)

      NRS 476.080  Requirements for marking container used to store explosives.  Any container used to store an explosive must be marked in accordance with all applicable state and federal laws and regulations.

      (Added to NRS by 2007, 1009)

      NRS 476.090  Unusual sale, purchase, theft or loss of explosive: Report required; penalty; exceptions; rebuttable presumption.

      1.  Except as otherwise provided in subsection 3, any person who has knowledge of an unusual sale, purchase, theft or loss of any explosive shall, within 24 hours after the discovery, report the sale, purchase, theft or loss to the local law enforcement agency and local fire department in whose jurisdiction the sale, purchase, theft or loss occurred. The report must contain, when possible:

      (a) The name, birth date and address of the persons involved.

      (b) The amount and type of explosive involved.

      (c) Any other information the person making the report believes to be useful.

      2.  Any person who violates the provisions of this section is guilty of a gross misdemeanor.

      3.  The provisions of this section do not apply with respect to a person who is acting in his or her official capacity as an owner, officer or employee of a company, corporation or partnership engaged in the business of mining.

      4.  For the purposes of this section, there is a rebuttable presumption that a sale, purchase, theft or loss of any explosive is “unusual” if that type of sale, purchase, theft or loss does not regularly occur in the ordinary course of business.

      (Added to NRS by 2007, 1009)

      NRS 476.100  Applicability of NRS 476.010 to 476.100, inclusive.  If the provisions of chapter 40 of Title 18 of the United States Code do not apply to an activity, substance or item pursuant to 18 U.S.C. § 845(a), the provisions of NRS 476.010 to 476.100, inclusive, do not apply to the activity, substance or item.

      (Added to NRS by 2007, 1010; A 2009, 686)

PUBLIC SAFETY BOMB SQUADS

      NRS 476.110  Definitions.  As used in NRS 476.110 to 476.210, inclusive, unless the context otherwise requires, the words and terms defined in NRS 476.120 to 476.160, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2009, 683)

      NRS 476.120  “Bomb squad commander” defined.  “Bomb squad commander” means a bomb technician who serves as the point of contact for and speaks on behalf of a public safety bomb squad.

      (Added to NRS by 2009, 684)

      NRS 476.130  “Bomb technician” defined.  “Bomb technician” means a person who:

      1.  Is certified as a bomb technician by the Federal Bureau of Investigation; and

      2.  Is an active member of a public safety bomb squad.

      (Added to NRS by 2009, 684)

      NRS 476.140  National Guidelines for Bomb Technicians defined.  National Guidelines for Bomb Technicians” means the guidelines published by the National Bomb Squad Commanders Advisory Board that set forth:

      1.  The requirements for certifying a bomb technician;

      2.  The requirements for accrediting a public safety bomb squad; and

      3.  The fundamental operational doctrine of the bomb squad profession, including, without limitation, minimum principles of safety for that profession.

      (Added to NRS by 2009, 684)

      NRS 476.150  “Public safety bomb squad” defined.  “Public safety bomb squad” means a group that:

      1.  Consists of members who are bomb technicians; and

      2.  Is accredited as a bomb squad by the Federal Bureau of Investigation.

      (Added to NRS by 2009, 684)

      NRS 476.160  “Suspected improvised explosive device” defined.  “Suspected improvised explosive device” means any item that, based on training, experience or circumstances, would cause a reasonable person to believe that the item may pose an immediate threat of an explosive or destructive nature.

      (Added to NRS by 2009, 684)

      NRS 476.170  Applicability.

      1.  The provisions of NRS 476.110 to 476.210, inclusive, apply in each county in this State:

      (a) In which there is a public safety bomb squad; and

      (b) In the absence of a memorandum of understanding setting forth the responsibilities of each public safety bomb squad in the county.

      2.  In a county in which there is no public safety bomb squad, the sheriff of the county or the sheriff’s designee shall carry out those duties of a public safety bomb squad which he or she determines are appropriate in that county.

      (Added to NRS by 2009, 684)

      NRS 476.180  Primary responsibilities of public safety bomb squads.  The primary responsibilities of each public safety bomb squad are to:

      1.  Make safe any area and remove from the area any:

      (a) Actual or suspected improvised explosive device;

      (b) Explosive; or

      (c) Incendiary device.

      2.  Provide legal and safe transportation, disposal and storage of any item specified in subsection 1.

      3.  Assist the primary law enforcement agency with the investigation of each crime where a bombing occurs or where any improvised explosive device has been rendered safe.

      4.  Store, maintain and prepare an inventory of all equipment used by the public safety bomb squad.

      5.  Upon request, provide technical support for any law enforcement agency, including, without limitation, providing protection for any dignitary in this State.

      6.  Prepare and participate in a program of training relating to explosives.

      7.  Maintain and be familiar with a library of technical publications and other information concerning explosives.

      8.  Maintain professional and training liaisons with:

      (a) Other state and local bomb squads;

      (b) Law enforcement agencies;

      (c) Military units;

      (d) Federal agencies; and

      (e) Professional associations.

      9.  Compile and report to the appropriate persons all technical data obtained by the public safety bomb squad concerning explosive devices and incidents involving explosives that occur within the jurisdiction of the public safety bomb squad.

      10.  Develop programs for members of the general public and private organizations concerning safety and awareness during a bomb threat.

      11.  Report to the appropriate military unit any military ordnance which is found or recovered by the public safety bomb squad.

      (Added to NRS by 2009, 684)

      NRS 476.190  Responsibility of public safety bomb squad for certain procedures and provision of safety for members of general public; airport security programs.

      1.  Except as otherwise provided in subsection 2, each public safety bomb squad:

      (a) Is responsible for all render-safe procedures for all actual or suspected improvised explosive devices to which the public safety bomb squad responds; and

      (b) Shall, to the extent practicable in conducting its activities, provide maximum safety for members of the general public and any other public safety bomb squad in accordance with the National Guidelines for Bomb Technicians and the National Strategic Plan for U.S. Bomb Squads published by the National Bomb Squad Commanders Advisory Board.

      2.  At an airport that has an airport security program or airport emergency plan approved by the Federal Aviation Administration of the United States Department of Transportation or the Transportation Security Administration of the United States Department of Homeland Security, the public safety bomb squad shall carry out the primary responsibilities specified in NRS 476.180 in accordance with the approved airport security program or airport emergency plan.

      (Added to NRS by 2009, 685)

      NRS 476.200  Plan for notification of public safety bomb squad.  Each law enforcement agency in this State shall establish a plan to ensure the timely notification of the appropriate public safety bomb squad of any actual or suspected improvised explosive device.

      (Added to NRS by 2009, 685)

      NRS 476.210  Duties of bomb squad commander; retention of final authority.  Each bomb squad commander:

      1.  Is responsible for the activities of the public safety bomb squad concerning responses to actual or suspected improvised explosive devices;

      2.  Shall establish policies and tactical plans consistent with the National Guidelines for Bomb Technicians;

      3.  Shall work cooperatively with the appropriate law enforcement agencies to remediate any incident involving an explosive to which the public safety bomb squad responds; and

      4.  Retains final authority for the render-safe procedures for any incident involving an explosive to which the public safety bomb squad responds.

      (Added to NRS by 2009, 685)

OTHER PROHIBITED ACTS

      NRS 476.220  Distribution of black powder or smokeless gunpowder to persons under certain age.

      1.  Except as otherwise provided in subsection 2, any person who distributes:

      (a) Black powder to a person under the age of 18 years; or

      (b) Smokeless gunpowder to a person:

             (1) Under the age of 18 years; or

             (2) Under the age of 21 years, if the smokeless gunpowder is intended for use other than in a rifle or shotgun,

Ê is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

      2.  A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person distributes black powder or smokeless gunpowder to another person, the person:

      (a) Asks the other person to declare the intended use for the black powder or smokeless gunpowder;

      (b) Demands that the other person present a valid driver’s license or other written or documentary evidence which shows that the other person meets the appropriate age requirement set forth in subsection 1;

      (c) Is presented a valid driver’s license or other written or documentary evidence which shows that the other person meets the appropriate age requirement set forth in subsection 1; and

      (d) Reasonably relies upon the declaration of intended use by the other person and the driver’s license or other written or documentary evidence presented by the other person.

      3.  As used in this section, “distribute” has the meaning ascribed to it in NRS 476.010.

      (Added to NRS by 2011, 469)