TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 158
EXPLOSIVES AND EXPLOSIVE SUBSTANCES

Unlawful Use of Explosives

Section 158:39

    158:39 Exceptions. –
I. Nothing contained in this subdivision shall apply to the regular military or naval forces or coast guard of the United States, or any federal agency, or the duly authorized militia of this state, nor to the police or fire departments of this state, provided they are acting within their official capacity and in the proper performance of their duties.
II. Nothing contained in this subdivision shall apply to explosives while being transported by certified carriers in motor vehicles, railroad cars, or vessels in conformity with the regulations adopted by the federal government.
III. Nothing contained in this subdivision shall apply to black powder used by an association or nonprofit entity organized to conduct historical reenactments, portrayals, or demonstrations, or to the storage of up to 50 pounds of black powder by such an association or entity, provided that no more than 50 pounds of black powder is contained in a type 4 magazine as defined in 27 C.F.R. 55.203 and 27 C.F.R. 55.210(b) located at least 50 feet from an occupied dwelling in such a way as to be secure from unauthorized persons. The location of such magazine shall be registered with the local fire department and such information shall be for local fire department or local law enforcement use only.

Source. 1973, 419:1. 2007, 70:1, eff. June 11, 2007; 183:2, eff. June 11, 2007 at 12:01 a.m.