Nevada Revised Statutes 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 r…
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.
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $2,000 |
Terms Used In Nevada Revised Statutes 476.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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 Nevada Revised Statutes 476.005
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
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.