title-272•Neb. Admin. Code tit. 272 — State Patrol
Chapter 1 Rules of Practice and Procedure for Hearings in Contested Cases Before the Patrol
Neb. Admin. Code tit. 272, ch. 1 Rules of Practice and Procedure for Hearings in Contested Cases Before the Patrol {#sec-272-nac-1 omnilex-key=us-ne-regs-official--title-272--272 NAC 1}
001. General .
001.01.
The Nebraska State Patrol adopts the Model Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency in Title 53, Nebraska Administrative Code, Chapter 4.
History
- Effective 2021-07-04
Chapter 3 Carrier Enforcement Division
Neb. Admin. Code tit. 272, ch. 3 Carrier Enforcement Division {#sec-272-nac-3 omnilex-key=us-ne-regs-official--title-272--272 NAC 3}
001 WEIGHING OF PICKUP TRUCKS WITH A FACTORY RATED CAPACITY OF ONE TON OR LESS TOWING VEHICLES
001.01 Pickup trucks towing vehicles, except those vehicles classified as recreational vehicles by Neb. Rev. Stat. §71-4603(19), are not exempt from the provisions of Neb. Rev. Stat. §60-1308, and are required to stop at open State weighing stations.
History
- Effective 2021-06-27
Chapter 5 Scope and Definitions
Neb. Admin. Code tit. 272, ch. 5 Scope and Definitions {#sec-272-nac-5 omnilex-key=us-ne-regs-official--title-272--272 NAC 5}
001 These Regulations shall apply to the manufacture ownership, possession, storage, sale or gift, transportation, handling, and use of explosives and blasting agents.
002 These Regulations shall not apply to:
002.01 Explosive materials while being transported in conformity with Federal Law or Regulations, nor except as may be otherwise provided in this Act, to the ownership, possession, storage, use, transportation, purchase, or sale of explosive materials by the Armed Forces of the United States, the National Guard, other reserve components of the Armed Forces of the United States.
002.02 Common, Contract, and Private carriers transporting explosive materials in the lawful, ordinary course of business. Common carriers by air, highway, railway, or water transporting explosive materials into this State or within the boundaries of this State, and contract or private carriers by motor vehicle transporting explosive materials into this State or within the boundaries of this State, and which contract or private carriers are engaged in such business pursuant to certificate or permit by whatever name issued to them by any Federal or State officer, agency, bureau, commission or department and operating within the Regulations prescribed by such Federal or State officer, agency, bureau, commission, or department shall be excepted. All transportation of explosive materials subject to the effects of these Regulations shall be in conformity with such safety regulations as contained in these Regulations.
002.03 The use of explosive materials in medicines and medicinal agents in forms prescribed by the official United States Pharmacopoeia, or the National Formulary.
002.04 The sale, transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any state or political subdivision thereof.
002.05 Small arms ammunition and components thereof.
002.06 The storage or possession of or dealing in black powder used for recreation purposes by a sportsperson.
002.07 The storage or possession of or dealing in smokeless propellants, percussion caps, primers, and other components used by a sportsperson in the reloading of small arms ammunition.
002.08 The possession of bona fide war trophies capable of exploding and innocently found explosive materials possessed under circumstances negating an intent to use the same unlawfully, but the owner thereof shall surrender such items forthwith to any nationally certified hazardous device technician or military explosive ordnance expert upon demand by law enforcement officer or fire department.
002.09 The storage in minimum amounts necessary for lawful educational purposes of explosive materials to be used in the natural science laboratories of any state accredited school system.
002.10 The Nebraska State Patrol shall have the power to grant exemption from these rules and regulations upon request in writing, when such request shows that the enforcement of the rules and regulations will cause unnecessary hardship to the petitioner, provided that said request shall not be granted where the requested modification of these rules and regulations will constitute a distinct hazard to life or adjoining property. Such petition shall state full particulars of such exemptions requested and when granted shall be attached to the notification of approval. Copies of the request shall be retained by the Nebraska State Patrol.
003 Definitions .
003.01 "Person" shall mean any individual, firm, co-partnership, corporation, association, joint stock association, and including any trustee, receiver, assignee or personal representative thereof.
003.02 "Business Enterprise" shall mean any corporation, partnership, limited liability company, company, or joint stock company.
003.02 A “Business Premises” shall mean the premises or property on which the explosive materials are manufactured, imported, stored, or distributed and shall include the premises or property where the records pertaining to the explosives are kept if different than the premises or property where the explosives are received or stored.
003.03 "Explosive Materials" shall mean explosives, blasting agents, and detonators.
003.04 "Explosives" shall mean 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, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and ignitors, and fireworks or devices containing more than one hundred thirty milligrams of explosive composition, but shall not include permissible fireworks as defined in Section 28-1241, Neb. Rev. Stat.,, gasoline, kerosene, naptha, turpentine, benzine, acetone, ethyl ether, benzol, fixed ammunition and primers for small arms, safety fuses, or matches.
003.05 "Detonator" shall mean any device containing an initiating or primary explosive that is used for initiating detonation. Excluding ignition or delay charges, a detonator may not contain more than ten grams of explosive material per unit. The term includes, but is not limited to, electric detonators of instantaneous and delay types, detonators for use with safety fuses, detonating cord delay connectors and nonelectric of instantaneous and delay types which consist of detonating cord, shock tube, or any other replacement for electric leg wires.
003.06 "Destructive devices" shall mean:
003.06A Any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, booby trap, molotov cocktail, bottle bomb, or vessel or container intentionally caused to rupture or mechanically explode by expanding pressure from any gas, acid, dry ice, or other chemical mixture, or any similar device, the primary or common purpose of which is to explode and to be used as a weapon against any person or property; or
003.06B Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in Section 003.06A and from which a destructive device may be readily assembled. The term destructive device shall not include any device which is neither designed nor redesigned for use as a weapon to be used against persons or property; any device, although originally designed for use as a weapon, which is redesigned for use as signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordinance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of Section 4684 (2), 4685, or 4686 of Title 10 of the United States Code; or any other device which the Nebraska State Patrol finds is not likely to be used as a weapon or is an antique; or any other device possessed under circumstances negating an intent that the device be used as a weapon against any person or property.
003.07 "Federal Permittee" shall mean any lawful user of explosive material who has obtained a federal user permit under the provisions of Chapter 40, Title 18, United States Code.
003.08 "Federal Licensee" shall mean any importer, manufacturer, or dealer in explosive materials who has obtained a federal importers, manufacturers, or dealers license under the provisions of Chapter 40, Title 18, United State Code.
003.09 "Smokeless Propellants" shall mean solid propellants commonly called smokeless powders in the trade and used in small arms ammunition.
003.10 Classification of explosives as described by the Department of Transportation (DOT) shows all explosives as Class 1 with the divisions as follows:
003.10A “Division 1.1 and Division 1.2" Possessing detonating or otherwise maximum hazard; such as dynamite, nitroglycerin, picric acid, lead azide, fulminate or mercury, black powder, blasting caps, and detonating primers.
003.10B “Division 1.3" Possessing flammable hazard, such as propellant explosives (including some smokeless propellants), photographic flash powders, and some special fireworks.
003.10C “Division 1.4" Includes certain types of manufactured articles which contain Class A or Class B explosives, or both, as components but in restricted quantities.
003.10D “Division 1.5" “Blasting Agent" shall mean material designed for blasting which has been tested in accordance with the requirements of Federal Hazardous Material Regulations, 49 Code of Federal Regulations (C.F.R.) part 173, subpart C (U.S. Department of Transportation) and found to be so insensitive that there is very little probability of accidental initiation or of transition from deflagration to detonation. Division 1.5 consists of very insensitive explosives. This division is comprised of substances which have mass explosion hazard but are so insensitive that there is very little probability of initiation or transition from burning to detonation under normal conditions of transport.
003.10E “Division 1.6" Consists of extremely insensitive articles which do not have mass explosive hazard. This division is comprised of articles which contain only extremely insensitive detonating substances and which demonstrate a negligible probability of accidental initiation or propagation.
003.10F "Forbidden or Not Acceptable Explosives" shall mean explosives which are forbidden or not acceptable for transportation by common carriers by rail freight, rail express, highway, or water in accordance with the regulations of the DOT.
003.10G Certain chemicals and certain fuel materials may have explosive characteristics which are not specifically classified by the DOT and are not readily classified for coverage in the Code. Authoritative information should be obtained for such unclassified materials and action commensurate with their hazards, location, isolation and safeguards, should be taken.
003.10H No material may be offered for transportation as a blasting agent unless it has been examined, classed, and approved in accordance with 49 C.F.R. (U.S. Department of Transportation).
Note 1: A material containing no ingredients, other than prilled ammonium nitrate and fuel oil (blasting agent), need only be subjected to the cap sensitivity test of 49 Code of Federal Regulations which requires that the materials will not detonate when initiated by a No. 8 test blasting cap.
Note 2: A No. 8 test blasting cap is one containing 0.40 to 0.45 grams of pentaerythrite tetranitrate (PETN) base charge pressed into an aluminum shell with bottom thickness not to exceed 0.03 inch to a specific gravity of not less than 1.4 grams per cubic centimeter and primed with standard weight of primer, in accordance with the manufacturer's specifications. This cap is defined
003.11 "Explosive-Actuated Power Devices" shall mean any tool or special mechanized device which is actuated by explosives, but not to include propellant-actuated power devices. Examples of explosive-actuated power devices are jet tappers and jet perforators.
003.12 "Highway" shall mean any public street, public alley, or public road.
003.13 "Inhabited Buildings" shall mean a building or structure regularly used in whole or part as a place of human habitation. The term "inhabited building" shall also mean any church, school, store, railway passenger station, airport terminal for passengers, and any other building or structure where people are accustomed to congregate or assemble, but excluding any building or structure occupied in connection with the manufacture, transportation, storage and use of explosives.
003.14 "Magazine" shall mean any building or structure, other than an explosive manufacturing building, approved for the storage of explosives.
003.15 "Motor Vehicle" shall mean any self-propelled vehicle, truck, truck-tractor, semi-trailer, or full trailer used for the transportation of freight over public highways.
003.16 "Propellant-Actuated Power Devices" shall mean any tool or special mechanized device or gas generator system which is actuated by a smokeless propellant or which releases and directs work through a smokeless propellant charge.
003.17 "Public Conveyance" shall mean any railroad car, street, car, ferry, cab, bus, airplane or other vehicle which is carrying passengers for hire.
003.18 "Railway" shall mean any steam, electric, diesel or other railroad or railway which carries passengers for hire.
003.19 "Singular and Plural" words used in the singular number shall include the plural and in the plural the singular.
003.20 "Small Arms Ammunition" shall mean any shotgun, rifle, pistol or revolver cartridge, and cartridge for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bursting charges, spotting or pyrotechnic projectiles is excluded from this definition.
003.21 "Small Arms Ammunition Primers" shall mean small percussion-sensitive explosive charges, encased in a cup, used to ignite propellant powder.
003.22. "Smokeless Propellants” are solid propellants, commonly called smokeless powders in the trade, used in small arms ammunition, cannon, rockets, propellant-actuated power devices, and other similar propellants.
003.23 "Special Industrial Explosives Devices" shall mean explosive-actuated power devices and propellant-actuated power devices.
003.24 "Special Industrial Explosives Materials" shall mean shaped materials and sheet forms and various other extrusions, pellets and packages of high explosives, which include dynamite, TNT, PETN, RDX, and other similar compounds used for high-energy-rate forming, expanding and shaping in metal fabrication., and for dismemberment and quick reduction of scrap metal.
003.25 "User" is a person who has qualified to hold a Nebraska State Patrol issued permit to use explosive materials.
003.26 "Factory Building" shall mean any building or other structure (except magazines) containing explosives, in which the manufacture of explosives, or any processing involving explosives is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device. This definition does not include private residences or shop buildings where the hand loading of small arms ammunition is being carried on.
003.27 "Authorized, Approved., or Approval". The term "authorized", “ approved", or "approval" shall mean authorized, approved, or approval by the Nebraska State Patrol.
003.28 "Nebraska State Patrol" shall mean the Nebraska State Patrol Colonel, Lieutenant Colonel, or designated subordinate officers.
003.29 "Operator" means the person, firm, or body corporate in immediate possession and control of any operation where explosives are used or handled.
003.30 "Authority Having Jurisdiction" shall mean the Nebraska State Patrol.
003.31 "Magazine Distance" shall mean the minimum distance permitted between any two storage magazines which is expected to prevent a propagation of an explosion from one magazine to another from blasts.
003.32 “Approved Storage Facility” shall mean a place where explosives are stored consisting of one or more approved magazines, conforming to the requirements of Title 272 and covered by a permit issued by the Nebraska State Patrol.
003.33 “Artificial Barricade” shall mean an man-made mound or revetted wall of earth of a minimum thickness of three feet, or any other approved barricade that offers equivalent protection as defined in the appropriate table for the explosive being stored.
003.34 “Barricade” shall mean the effective screening of a magazine containing explosive materials from other magazines, a building, a railway, or a highway, either by a natural barricade or by artificial barricade. To be properly barricaded, a straight line from the top of any sidewall of the magazine containing explosive materials to the eave line of any other building or magazine, or to a point 12 feet above the center of a railroad, or a highway, will pass through the natural or artificial barricade.
003.35 “Hardwood” shall mean oak, maple, ash, hickory, or similar hard wood, free from knots, spaces, or similar defects. This can be an exterior, construction grade, laminated plywood material that is made from hardwood.
003.36 “Permittee” shall mean any user of explosives for any lawful purpose, who has obtained a permit as required by Title 272.
004 Permit - Application . Application for a permit shall be made to the Nebraska State Patrol on forms prescribed and provided by the Nebraska State Patrol and shall contain such information as the Nebraska State Patrol may require.
004.1 First time applicants shall file along with their application verification that the applicant has filed for a check of his or her criminal history. Applications, fees and instructions may be obtained by contacting the Nebraska State Patrol Headquarters, Lincoln, Nebraska. The applicant shall be fingerprinted and the fingerprints submitted to the Nebraska State Patrol for a criminal history check. These fingerprints may be taken at police or sheriff agencies other than the Nebraska State Patrol. If no disqualifying record is located at the state level, the fingerprints shall be forwarded by the Patrol to the Identification Division of the Federal Bureau of Investigation for a national criminal history record check.
004.2 The application shall not be issued unless the applicant has demonstrated and certified in writing that he or she is familiar with all published laws of this state and published local ordinances relating to the use of explosive materials applicable at the place or places he or she intends to use such explosive materials.
004.3 The applicant shall have demonstrated that he or she has adequate knowledge, training, and experience in the use of explosive materials of the class and type for which he or she seeks a users permit and has passed a qualifying examination or test, as prescribed by the Nebraska State Patrol, concerning the use of explosive materials and the pertaining laws and the rules and regulations concerning the use of explosives in the State of Nebraska. The applicant shall have a test score of 80% or better on the test to be issued a permit. An applicant who fails this test but has no other disqualifying criteria may retake the test after 7 days unless the waiting period is waived by the Nebraska State Patrol.
005 Permits and Permit Fees . Permits shall be obtained from the Nebraska State Patrol for the following:
005.01 Permits to Store Explosive Materials. This permit authorizes the holder thereof, whether the holder be an individual, A partnership, a company, a corporation, or any other business enterprise, to store explosive materials in the amounts and types designated by the permit. Such storage must be in conformity with the rules and regulations for storage promulgated by the Nebraska State Patrol.
005.02 A Permit for the Purchase of Explosive Materials by a Business Enterprise. This permit authorizes a business enterprise (whether it be a corporation, partnership, association, limited liability company or a company) which is in possession of a storage permit to purchase such explosive materials as it is authorized to store. The permit to purchase explosives which is possessed by a business enterprise which is not in possession of a storage permit authorizes such permittee to purchase explosive materials for such blasting operations as may legitimately occur to that business enterprise; provided, however, that the explosives purchased and provided further, that upon any purchase of the explosives, the business enterprise have at least one employee possessing a valid use permit issued under this section.
005.03 A Permit to Use Explosive Materials. This permit is issued to those individuals who, by their training and special understanding in the use of explosives and the detonation thereof demonstrate to the Nebraska State Patrol that they are competent to handle such explosive materials, detonate them, and do, in fact, have a legitimate requirement to be engaged in such activities.
005.04 An applicant qualified for any Nebraska State Patrol issued explosive permits as provided in Section 28-1232 Neb. Rev. Statutes shall pay the following fees to the Nebraska State Patrol:
005.04A Storage of Explosives Materials. Fee - $50 each per year.
005.04B Use of Explosive Materials. Fee - $10 each per year.
005.04C Purchase of Explosive Materials by a Business Enterprise. Fee - $10 each per year.
005.04D Storage for Display Fireworks. No permit is required by the Nebraska State Patrol for the temporary storage for display fireworks. Display fireworks are classified as low explosive. Temporary storage is defined as storage for no more than 14 days prior to the scheduled display or use of these special fireworks. Display fireworks are such fireworks as defined in Nebraska Statute 28-1241.
005.04D1 Storage of display fireworks for longer than 14 days shall require explosive use and storage permits from the Nebraska State Patrol.
005.04E2 Display fireworks users shall comply with the rules and regulations of the federal Bureau of Alcohol Tobacco and Firearms (ATF), Nebraska State Fire Marshal or any local authority having jurisdiction.
005.04D3 The regulations for the storage of low explosives require that any such storage facility be fire resistant, weather resistant and theft resistant. Storage in a residence or dwelling is not allowed.
005.04D4 Acceptable for temporary storage of packaged display fireworks received prior to a scheduled display would be any facility approved by the ATF, provided that the facility contains no source of flame i.e., pilot lights or exposed heaters, and is kept locked, or any explosive magazine. Magazines must be located at least 75 feet from any inhabited building, passenger railway or public highway.
005.05 The correct fee must accompany the application for a permit to the Nebraska State Patrol, Lincoln, Nebraska. A check or money order for the fee shall be made payable to the Nebraska State Patrol.
005.06 Permits issued under these regulations shall be dated and numbered and will be valid for dates, calendar year, or period as provided in Section 28-1229 Neb. Rev. Stat., after date of issue, unless sooner revoked or suspended. Application for renewal of permits shall be made to the Nebraska State Patrol on or before November 1, prior to the renewal date of said permit to avoid possible lapse of said permit.
005.07 Where application for an explosives permit is made in the name of a corporation or company, the application shall also include the name of the person who will be responsible for compliance with the provisions of Sections 28-1213 to 28-1239 Neb. Rev. Stat., and any Regulations promulgated thereunder by the Nebraska State Patrol.
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.
007 Use of Explosives in Water . It shall be unlawful to explode or cause to be to exploded for any purpose any explosive or destructive device in any lake, river, stream, pond, bay, bayou, or other waters of this state without first obtaining from the Game and Parks Commission an order permitting it to be done, except that this shall not apply when, to safeguard public or private property from damage by ice gorges. Nebraska Rev Stat. 37-515.
008 Posting of, Carrying of, and Presentation of Permits .
008.01 Permits to Store. A permit, or copy of the permit, to store shall be posted at each storage site.
008.02 Permit to Use. A person possessing a permit to use explosives shall have that permit on his or her person at any time he or she is engaged in or directing any blasting operation.
008.03 Permit to Purchase by a Business Enterprise. A permit to purchase explosives by a business enterprise shall be kept under lock and key at the business headquarters of the permittee. The permit shall be presented to any dealer or any other person from whom explosives are to be purchased. The actual purchase shall be made by an officer or other person having control of the affairs of the business enterprise or by the licensed user employed by the business enterprise. After the purchase the permit shall be returned to the business enterprise files and kept under lock and key.
Legal Citation: Title 272, Ch. 5, Nebraska State Patrol.
History
- Effective 2000-09-17
Chapter 6 Manufacture: Blasting Agents
Neb. Admin. Code tit. 272, ch. 6 Manufacture: Blasting Agents {#sec-272-nac-6 omnilex-key=us-ne-regs-official--title-272--272 NAC 6}
001 Manufacture: Blasting Agents - No special permit is issued by the Nebraska State Patrol to manufacture blasting agents in the State of Nebraska. Persons manufacturing blasting agents in the State of Nebraska shall first obtain a manufacturing permit as required by the Federal Bureau of Alcohol Tobacco and Firearms.
001.01 Buildings or other facilities used for mixing blasting agents, including mobile equipment, shall be located, with respect to inhabited buildings, passenger railroads and public highways, in accordance with the American Table of Distances. (See Appendix V.)
001.01A Minimum intra-plant separation distances between mixing units and the ammonium nitrate storage areas and blasting agent storage areas shall be determined by the prevailing standards in the trade and shall be reported to the Nebraska State Patrol in writing for approval.
001.01B When any ammonium nitrate is stored at a closer distance to the blasting agent storage than as provided in Section 001.01. A one half the mass of the ammonium nitrate shall be added to the quantity of blasting agents to calculate the total quantity involved for application of the aforementioned Table.
001.02 Buildings used for the mixing of blasting agents shall conform to the requirements of these Rules and Regulations, unless otherwise specifically approved by the Nebraska State Patrol.
001.02A Buildings shall be of noncombustible construction or sheet metal on wood studs.
001.02B The layout of the mixing building shall be such as to provide physical separation between the finished product storage, and the mixing and packaging operations.
01.02C Floors in storage areas and in the processing plant shall be of concrete. Isolated fuel storage shall be provided to avoid contact between molten oxidizer and fuel in case of fire.
001.02D The building shall be well ventilated.
001.02E Heat shall be provided exclusively from a unit outside the building.
001.03 The design of the mixer shall minimize the possibility of frictional heating, compaction, and especially, confinement. Bearings and gears shall be protected against the accumulation of oxidizer dust. All surfaces shall be accessible for cleaning. Mixing and packaging equipment shall be constructed of materials compatible with the fuel-oxidizer composition.
001.04 The formulation of blasting agents shall conform to the following requirements:
001.04A No hydrocarbon liquid fuels with a flashpoint lower than that of No. 2 fuel oil, 125 degrees F (51.7C) minimum or legal minimum as approved by the Bureau of Alcohol, Tobacco, and Firearms (ATF) shall be used.
Exception: Diesel fuels with flash points no lower than 100 degrees F (37.80C) may be used at ambient air temperatures below 45 degrees F (7.2C).
001.04B Metal dusts (aluminum powder, etc.), peroxides, chlorates, or perchlorates shall not be used unless such operations are conducted in a manner approved by the Nebraska State Patrol.
001.04C If solid fuels are used, they shall be chosen so as to minimize dust explosion hazards.
001.04D Reclaimed crankcase oil shall be permitted to be used, provided each new supply of oil is checked for compliance with 001.04A.
001.04E Unusual compositions shall not be attempted except under the supervision of competent personnel equipped to determine the overall hazards of the resulting compositions.
001.04F The requirements of 001.04A through 001.04E do not apply to manufacturers who are licensed by the U.S. Bureau of Alcohol, Tobacco and Firearms, engaged in manufacturing blasting agents that have been tested, approved, and classified by the U.S. Department of Transportation in accordance with 49 Code of Federal Regulations.
001.05 All electrical switches, controls, motors, and lights, if located in the mixing room, shall conform to the requirements of Class II, Division 2 of the National Electrical Code, otherwise, they shall be located outside the mixing room. The frame of the mixer and all other equipment that may be used shall be electrically bonded and provided with a continuous path to the ground.
001.06 Wash down facilities shall be provided. Floors shall be constructed so as to eliminate open floor drains and piping into which molten materials could flow and be confined in case of fire. The floors and equipment of the mixing and packaging room shall be washed down frequently to prevent accumulation of oxidizers or fuels and other sensitizers. The entire mixing and packaging plant shall be washed down periodically to prevent excessive accumulation of dust.
001.07 Smoking or open flames shall not be permitted in or within 50 feet of any building or facility used for the mixing of blasting agents.
001.08 Empty oxidizer bags shall be disposed of daily in a safe manner. Not more than one day's production of blasting agents shall be permitted in or near the mixing and packaging plant or area. Larger quantities shall be stored in separate warehouses or magazines in accordance with provisions listed under Storage of Explosives.
Statutory Authority: Neb. Rev. Stat. §§28-1213 to 28-1239.
Legal Citation: Title 272, Chapter 6, Nebraska State Patrol.
History
- Effective 2000-09-17
Chapter 7 Handling of Explosives
Neb. Admin. Code tit. 272, ch. 7 Handling of Explosives {#sec-272-nac-7 omnilex-key=us-ne-regs-official--title-272--272 NAC 7}
Chapter 7 HANDLING OF EXPLOSIVES
001 Observance of Rules . Every employee and every person having supervision over employees where explosives are handled or used shall observe all rules which immediately concern or affect his or her conduct.
001.01 Locking Explosive Magazines. All magazines and all enclosures used for storage of explosives shall be kept locked by the owner or user thereof at all times except when opened by an authorized person while placing explosives therein or removing explosives therefrom, or for the inspection thereof.
001.02 Access to Explosives. No person unless duly authorized by the owner of the explosives shall have access to or enter magazines or explosives storage enclosures. Detonators or other explosives when removed from magazines shall not be left unguarded where children or other unauthorized persons may have access to them.
001.03 Smoking and Open Lights. No person shall smoke or carry open lights or other flame or spark-producing devices in or around any explosive magazine, or around any explosives. Exception: Suitable devices for lighting safety fuse are exempt from this requirement.
001.04 Marking Explosives. No person shall own, possess, store, sell or use, or authorize or permit the use of explosives, unless the original package or container is clearly marked so as to designate the class and type, the name and address of the manufacturer and the date of manufacture of said explosive. This requirement shall not apply to a purchaser of a broken lot on whose bill of sale such information shall appear. Every seller shall provide such bill of sale to every said purchaser. The date of manufacture may be in code, provided that the key to such code shall be furnished to the Nebraska State Patrol on request. All cases containing explosives for underground use shall be clearly marked with the fume classification of its contents. No explosives, other than those in fume classes 1. 2, or 3, shall be used in confined spaces.
001.05 Return of Explosives to Magazine. Every person using explosives and every employer whose employees are required to use explosives in the performance of their duties shall be responsible for the return of all unused explosives or ingredients thereof to the magazine, and shall prevent any explosives or ingredients thereof from being taken to any place not necessary to their use.
001.06 Opening Packages or Containers of Explosives. No person shall open nailed or sealed wooden or metal packages or containers of explosives within 50 feet (15.2 m ) of any magazine. In opening wooden containers of explosives only non-sparking wedges and either wooden, fiber or rubber mallets shall be used. Only approved tools shall be used for opening metal containers.
001.07 Blasting Operations. Blasting operations can be carried on only under the direct supervision of a person or persons in possession of valid user's permits issued by the Nebraska State Patrol.
001.08 Charging. Tamping shall be done with wooden or approved plastic poles. Approved metal connectors shall be used for jointed poles. Violent tamping shall be avoided. The primer shall never be tamped.
001.09 Fuse Requirements. Any fuse which varies more than 10 percent from an average speed, when burned unconfined in the open at sea level in three foot lengths, shall not be used. Any fuse that burns faster than 90 seconds per three foot length with more than an allowable variation of 10 percent, when burned unconfined in the open at sea level shall not be used. Any fuse length less than 36 inches shall not be used.
001.10 Notice of Blast. The blaster shall give timely notice of every blast to every person in danger thereof, and shall not explode any blast until all persons have been removed to a safe location.
001.11 The electric current used to fire a blast shall not exceed the current recommended by the manufacturer of the electric detonators being used and shall be made by a manufacturer approved blasting/initiating machine.
001.12 Blasting Operations During Electrical Storms. All blasting operations and any handling of explosives shall be stopped immediately upon the approach of an electrical storm, and all persons shall immediately retire to a place of safety.
001.13 Destruction of Explosives.
001.13A Any unserviceable or hazardous explosives or blasting agents which cannot be salvaged, or are unfit for their intended purpose, shall be destroyed by a qualified person in accordance with the manufacturer's instructions.
001.13B Explosives Explosives which are deviated from normal color or condition (texture, size, etc.) shall be considered deteriorated until their exact condition is determined by expert opinion. A complete report of the destruction of explosives shall be made listing the date of destruction, reason, amount and type of explosives destroyed, manner of destruction, and name of person destroying the explosives. This report shall be kept with the required explosive inventory records. (Chapter 8, para 001.02)
001.13C Explosives shall never be buried or covered by any materials as a means of disposal.
001.13D Frozen explosives shall not be placed or used in drill holes. No attempt shall be made to thaw frozen explosives, but rather the manufacturer shall be consulted.
001.13E No explosive shall be abandoned.
001.13F Destroying Explosives. Explosives which have deteriorated or have been damaged so as to be unfit for use shall be destroyed by a qualified person experienced in this work and designated by the owner of the explosives or by the Nebraska State Patrol. This provision shall not prohibit reprocessing of explosives by the manufacturer thereof. Additionally, the Nebraska Department of Environmental Quality (DEQ), Title 128, Rules and Regulations Governing Hazardous Waste Management in Nebraska, must be followed. For clarification on Title 128, contact the Lincoln, Nebraska office of the DEQ.
001.14 Detonators and other explosive materials shall be transported from storage magazines to the blasting site in containers and in a manner approved by the US DOT in 49 CFR
001.15 No person shall possess, keep, store, sell, or offer for sale, give away, use, transport, or dispose of in any manner any explosive or blasting agent except upon the holding of a valid permit or the approval of the Nebraska State Patrol.
001.16 No person shall sell, display, or expose for sale any explosive or blasting agent on any highway, street, sidewalk, public way or public place.
001.17 Any theft or loss of explosives or blasting agents, whether from a storage magazine or area, a vehicle in which they are being transported, or from a site where they are being used or from any other location, shall immediately be reported by the person having control of such explosives or blasting agents to the Nebraska State Patrol, the Bureau of Alcohol, Tobacco, & Firearms (ATF) of the U.S. Treasury, the local Sheriff and local police immediately after examination or inventory reveals a loss or theft of material.
001.18 Any person in possession or control of explosives or blasting agents required in the performance of his or her work or duties shall, when the need for such explosives or blasting agents no longer exists, either return the explosives or blasting agents to a magazine or shall destroy such explosives or blasting agents in a safe manner in accordance with manufacturer recommendations.
Statutory Authority: Neb. Rev. Stat. §§28-1213 to 28-1239.
Legal Citation: Title 272, Ch. 7, Nebraska State Patrol.
History
- Effective 2000-09-17
Chapter 8 Use of Explosives
Neb. Admin. Code tit. 272, ch. 8 Use of Explosives {#sec-272-nac-8 omnilex-key=us-ne-regs-official--title-272--272 NAC 8}
001 Use: General
001.01 The handling of explosives shall be performed under the direction of a person holding a valid and subsisting permit from the Nebraska State Patrol to use explosives.
001.02 It is the responsibility of the owner of explosives or the person in possession of a storage permit or a business enterprise permit or a user’ s permit to control the explosives and the use thereof. The owner of explosives or the one storing explosives under the authority of a storage permit or a person holding a user's permit or a business enterprise purchase permit must control his or her explosives by keeping an accurate and continuing inventory of all explosives. The record of this inventory must be kept on file a minimum of five years. It is the responsibility of all owners of explosives or employers of agents, employees, or subcontractors using explosives, or all who store explosives, to employ people only of good judgement, that know how to handle explosives safely. It is the responsibility of the person in the immediate control of explosives or the owner or user of explosives to take such steps as necessary to insure that such explosives are not finding their way into the hands of unauthorized persons. No person shall handle explosives while under the influence of intoxicating liquors, narcotics, or marijuana.
001.03 While explosives are being handled or used, smoking shall not be permitted and no one near the explosives shall possess open lights or other fire or flame, except devices for lighting safety fuse.
001.04 Any wood, paper, or other materials employed in packing explosives that contains or is contaminated with explosive material shall not be burned in a stove, fireplace, or other confined space, or be used for any purpose. Such materials shall be destroyed by burning at an isolated location out of doors, and no person shall be nearer than 100 feet after burning has started.
001.04A Such burning may necessitate separate burning permits under Title 129, Chapter 15, Nebraska Air Pollution Control, Rules and Regulations, from the Department of Environmental Control, Lincoln, Nebraska and/or...
001.04B ...an open burning permit from the fire chief of the local fire department having jurisdiction in the area of the burn. Nebraska Statute 81-520.01.
001.05 Only electric blasting caps, detonating cord systems, shock tube systems or gas initiating systems shall be used to initiate blasts in congested districts, on highways, or adjacent to highways open to traffic. In no such instance shall initiation by cap and fuse be permitted.
001.06 When blasting is done in congested areas or in close proximity to a structure, railway, or highway or any other installation that may be damaged, the blast shall be covered before firing with a mat so constructed that it is capable of preventing fragments from being thrown. When such blasting is being carried out near a highway, the operator may, in lieu of using a mat, and with the permission of local authorities, block the roads adjacent to the firing area while such firing is in progress.
001.07 The person in control of a blasting operation must keep an accurate blasting record for each blast. The blasting record shall record the job location, date, time of blast, weather conditions, type of blast, type of materials blasted, type and size cartridge of explosives used, number of holes, diameter of holes, hole depth, and total quantity of explosives fired instantaneously or by a delay interval. These records must be kept a minimum of five years.
001.08 Persons authorized to prepare explosives charges or conduct blasting operations shall use every reasonable precaution, including but not limited to warning signals, flags, barricades, or woven wire mats to insure the safety of the general public and workmen.
001.09 Blasting operations, except by special permission of the Nebraska State Patrol, shall be conducted only during the daylight hours.
001.10 Whenever blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph and steam utilities, the owner, "User", or employer shall notify the appropriate representatives of such utilities, at least 24 hours in advance of blasting, specifying the locations and intended time of such blasting. Verbal notice shall be confirmed with written notice. In an emergency, this time limit may be waived by the Nebraska State Patrol.
001.11 Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by radar, radio transmitters, lightning, adjacent power lines, dust storms, or other sources of extraneous electricity. These precautions shall include:
001.11A The suspension of all blasting operations and removal of persons from the blasting area during the approach and progress of an electrical storm.
001.11B The posting of signs warning against the use of mobile radio transmitters on all roads within 350 feet of the blasting operations.
001.11C User, owner, or employer shall follow the requirements Title 272, Appendix I, II and Table IV pertaining to blasting in the vicinity of radio transmitters or power lines.
001.12 Explosives or blasting equipment that are obviously deteriorated or damaged shall not be used.
001.13 No explosives shall be abandoned.
002 Use: Loading of Explosives in Blast Holes .
002.01 All drill holes shall be sufficiently large to admit freely the insertion of the cartridges of explosives.
002.02 Tamping shall be done only with an approved non-sparking rods without exposed metal parts. Nonsparking metal connectors may be used for jointed poles. Violent tamping shall be avoided.
002.03 No holes shall be loaded except those to be fired in the next round of blasting. Seismographic operations shall follow this procedure wherever possible for maximum safety, but where practicality will not permit, they are exempted from the provisions of this sub-section.
002.04 Drilling shall not be started until all remaining butts of old holes are examined with a wooden or approved non-sparking rod for unexploded charges, and if any are found they shall be refired or washed out by or under the direction of a competent and experienced person before work proceeds.
002.05 No person shall be allowed to deepen drill holes which have contained explosives.
002.06 After loading for a blast is completed, all excess blasting caps or electric blasting caps and other explosives shall immediately be returned to their separate storage magazines.
003 Use: Initiation of Explosive Charges
003.01 When fuse is used, the blasting cap shall be securely attached to the safety fuse, with a standard type cap crimper. All primers shall be assembled at least 50 feet from any magazine.
003.02 Primers shall be made up only as required for each round of blasting.
003.03 No blasting cap shall be inserted in the explosives without first making a hole in the cartridge for the cap with an approved punch of proper size or with a standard cap crimper.
003.04 Explosives shall not be extracted from a hole that has once been charged or has misfired unless it is impossible to detonate the unexploded charge by the insertion of a fresh additional primer. This work shall be done by or under the supervision of a competent and experienced person.
003.05 If there are any misfires while using the cap and fuse, all persons shall remain away from the charge for a least 30 minutes. If electric blasting caps are used and a misfire occurs, this waiting period may be reduced to 15 minutes. Misfires shall be handled under the direction of the person in charge of the blasting and all wires shall be carefully traced and a search made for unexploded charges. Shock tube and miniaturized detonating cord initiating systems shall wait 15 minutes for misfires.
003.06 Blasters, when testing circuits to charged holes, shall use only blasting galvanometers or other instruments specially designed for this purpose.
003.07 Only the person making leading wire connections in electrical firing shall fire the shot. All connections shall be made from bore hole back to the source of firing current, and the leading wires shall remain shorted and not be connected to the blasting machine or other source of current until the charge is to be fired. Only blasting machines or initiators that meet the explosive manufacturers recommendations and approval should be used as a source of electric current for initiating electrically fired charges of explosives.
003.08 Before a blast is fired, a loud warning signal shall be given by the person in charge who has made certain that all surplus explosives are in a safe place, all persons and vehicles are at a safe distance or under sufficient cover, and that an adequate warning has been given.
004 Every holder of any storage, purchase, or use permit required under §28-1213 to §28-1239 shall notify the fire protection district in which any explosive is being used or stored, and the holder shall keep a written record describing the time the notice was given, office in the district to which the notice was given and name of the person in the district notified. This notification shall be made for existing use or storage sites and newly established sites, including job sites.
004 Conflicts . Nothing contained in these Rules and Regulations shall be in conflict with provisions of the National Security Act of 1947, as amended, or the Espionage and Sabotage Act of 1954 as amended.
Statutory Authority: Neb. Rev. Stat. §§28-1213 to 28-1239 .
Legal Citation: Title 272, Ch. 8, Nebraska State Patrol.
History
- Effective 2000-09-17
Chapter 9 Storage of Explosives
Neb. Admin. Code tit. 272, ch. 9 Storage of Explosives {#sec-272-nac-9 omnilex-key=us-ne-regs-official--title-272--272 NAC 9}
001 General
001.01 The storage of explosive materials by any person must be in a manner conforming with the regulations contained herein. The storage regulations prescribed herein confer no rights or privileges to store explosive materials in a manner contrary to State or other law.
001.02 Notwithstanding the provisions of Section 001.01, the Nebraska State Patrol may authorize alternate storage facilities for the storage of explosive materials when it is shown that such alternate facilities are or will be constructed in a manner substantially equivalent to the standards of construction contained in this subpart. Such alternate storage facilities shall not be used for the storage of explosive materials until approval is received from the Nebraska State Patrol.
001.03 A permittee who intends to make additions to, modification of, or changes in his or her approved storage facilities shall follow the procedures and be subject to the requirements of Title 272, Chapter 9, para. 019.
001.04 Every holder of any storage required under §28-1213 to §28-1239 shall notify the fire protection district in which any explosive is being used or stored, and the holder shall keep a written record describing the time the notice was given, office in the district to which the notice was given and name of the person in the district notified. This notification shall be made for existing use or storage sites and newly established sites, including job sites.
001.05 Explosives shall not be stored within the incorporated limits of any city or village of the State of Nebraska. Explosives shall not be stored in areas zoned for residential use.
001.06 The premises upon which all outdoor magazines, except Type 3, are located shall be posted with signs reading "Explosives - Keep Off". These signs shall be in contrasting colors with a minimum letter size of 3-inch height and ½-inch line width. All signs shall be located so that a bullet passing through the sign will not strike a magazine."
001.07 The US DOT placards required by 49 CFR for transportation of blasting agents shall be displayed on all type 5 magazines in which blasting agents are being stored.
001.08 All normal access routes to explosive materials manufacturing and storage facilities shall be posted with the following warning sign:
DANGER NEVER FIGHT EXPLOSIVE FIRES EXPLOSIVES ARE STORED ON THIS SITE CALL ___________________________
The sign shall be weather-resistant with a reflective surface and lettering shall be at least 2 inches high."
002 Classes of Explosive Materials . For purposes of this part, there shall be three classes of explosive materials. These classes, together with the description of explosive materials comprising each class, are as follows:
002.01 High Explosives. Explosive materials which can be caused to detonate by means of a blasting cap when unconfined. (For example, dynamite.)
002.02 Low Explosives. Explosive materials which can be caused to deflagrate when confined. (For example, black powder.)
002.03 Blasting Agents. (For example, ammonium nitrate-fuel oil.)
003 Types of Storage Facilities . For purpose of these regulations, there shall be five types of storage facilities. These types, together with the classes of explosive materials which shall be stored therein, are as follows:
003.01 Type 1 Storage Facilities. Permanent storage facilities for the storage of high explosives which can be caused to detonate by means of a blasting cap when unconfined, (for example dynamite, flash powders, and bulk salutes). Other classes may also be stored therein.
003.02 Type 2 Storage Facilities. Portable indoor and outdoor storage facilities for the storage of high explosives which can be caused to detonate by means of a blasting cap when unconfined, (for example dynamite, flash powders, and bulk salutes). Other classes may also be stored therein.
003.03 Type 3 Storage Facilities. Portable outdoor facilities for the temporary storage of high explosives which can be caused to detonate by means of a blasting cap when unconfined, (for example dynamite, flash powders, and bulk salutes), while attended (for example, a "day-box"). Other classes may also be stored therein.
003.04 Type 4 Storage Facilities. Facilities for the storage of low explosive materials which can be caused to deflagrate when confined, (for example, black powder, safety fuse, igniters, ignitor cords, fuse lighters, and “special fireworks” as defined as Class B explosives by US Department of Transportation regulations in 49 CFR Part 173, except bulk salutes). Blasting agents (ammonium nitrate-fuel oil)may also be stored in a type 4 storage facility. Detonators that will not mass detonate may also be stored in a type 4 storage facility. No high explosives may be stored in a type 4 storage facility.
003.05 Type 5 Storage Facilities. Facilities for the storage of blasting agents. No high explosives may be stored in a type 5 storage facility.
004 Inspection of Storage Facilities . Any person storing explosive materials shall open and inspect his or her storage facilities at intervals not greater than seven (7) days to determine whether the explosives therein are intact and to determine whether there has been unauthorized entry or attempted entry into the storage facilities or the unauthorized removal of facilities or their contents. A written record shall be kept of this inspection.
005 Movement of Explosive Materials . All explosive materials must be kept in storage facilities meeting the standards prescribed by the Nebraska State Patrol unless they are:
005.01 In the process of manufacture; or
005.02 Being physically handled in the operating process of a person having a Nebraska State Patrol issued permit to use; or
005.03 Being used; or
005.04 Being transported or loaded into a place of storage or use by a permittee or by a person who has lawfully acquired explosive materials pursuant to the requirements of Chapter 9, para. 020.
006 Location of Storage Facilities .
006.01 Except as otherwise provided in these regulations, storage facilities in which any explosive materials are stored shall be located at minimum distances from inhabited buildings, passenger railways, public highways, and from other storage facilities in which explosive materials are stored as specified in the American Table of Distances, (see Appendix V), provided that this table shall not apply to any indoor storage facility. When a storage facility is not barricaded, the distances shown in the American Table of Distances shall be doubled. For purposes of this paragraph, a storage facility shall be deemed barricaded when it is effectually screened from inhabited buildings, passenger railways, public highways, and other storage facilities in which explosive materials are stored-either by a natural or artificial barricade of such height that a straight line from the top of any sidewall of the storage facility to the eave line of such other inhabited building or storage facility, or to a point 12 feet above the center of a passenger railway or public highway, will pass through such intervening barricade.
006.02 If any two or more storage facilities are separated from each other by less than the distances specified in the American Table of Distances, Appendix V, then such two or more storage facilities, as a group, shall be considered as one storage facility, and the total quantity of explosive material stored in such group shall be treated as if stored in a single facility and shall comply with the minimum of distances specified in the American Table of Distances, from other storage facilities, inhabited buildings, passenger railways, and public highways.
006.03 Storage facilities in which low explosives are stored shall be located at minimum distances from inhabited buildings, passenger railways, public highways, and from other storage facilities in which explosive materials are stored as specified in the American Table of Distances for Storage of Low Explosives, Appendix VI. Provided, that this table shall not apply to any indoor storage facility. The distances shown therein shall not be reduced by the presence of barricades.
006.04 Ammonium nitrate and storage facilities in which blasting agents are stored shall be located at minimum distances from storage facilities containing high explosives or blasting agents as specified in the Table of Recommended Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents, Appendix VII.
007 Construction of Type 1 Storage Facilities . A type 1 storage facility shall be a permanent structure: a building, an igloo or Army-type structure, a tunnel, or a dugout. It shall be bullet-resistant, fire-resistant, weather-resistant, theft-resistant., and well ventilated.
007.01 Buildings. All building type storage facilities shall be constructed of masonry, wood, metal, or a combination of these materials and shall have no openings except for entrances and ventilation. Ground around such storage facilities shall slope away for drainage.
007.01A Masonry Wall Construction. Masonry wall construction shall consist of brick, concrete, tile, cement block, or cinder block and shall be not less than 6 inches in thickness. Hollow masonry units used in construction shall have all hollow spaces filled with well-tamped coarse dry sand or weak concrete (a mixture of one part cement and eight parts of sand with enough water to dampen the mixture while tamping in place). Interior walls shall be covered with a non-sparking material.
007.01B Fabricated Metal Wall Construction. Metal wall construction shall consist of sectional sheets of steel or aluminum not less than number 14 gauge, securely fastened to a metal framework. Such metal wall construction shall be either lined inside with brick, solid cement blocks, hardwood not less than 4 inches in thickness, or shall have at least a 6-inch sand fill between interior and exterior walls. Interior walls shall be constructed of, or covered with, a non-sparking material.
007.01C Wood Frame Wall Construction. The exterior of outer wood walls shall be covered with iron or aluminum not less than number 26 gauge. An inner wall of non-sparking material shall be constructed so as to provide a space of not less than 6 inches between the outer and inner walls, which space shall be filled with coarse dry sand or weak concrete.
007.01D Floors. Floors shall be constructed of a non-sparking material and shall be strong enough to bear the weight of the maximum quantity to be stored.
007.01E Foundations. Foundations shall be constructed of brick, concrete, cement block,, stone or wood posts. If piers or posts are used, in lieu of a continuous foundation, the space under the buildings shall be enclosed with metal.
007.01F Roof. Except for buildings with fabricated metal roofs, the outer roof shall be covered with no less than number 26-gauge iron or aluminum fastened to 7/8 inch sheathing or 26 gauge aluminum, fastened to seven-eighths inch (.875") sheathing. Poured concrete roofs may be used on facilities on a case by case basis and must be of equal or greater strength and bullet resistance as other approved roffs.
007.01G Bullet-Resistant Ceilings or Roofs. Where it is possible for a bullet to be fired directly through the roof and into the storage facility at such an angle that the bullet would strike a point below the top of inner walls, storage facilities shall be protected by one of the following methods:
007.01G1 A sand-tray shall be located at the tops of inner walls covering the entire ceiling area, except that necessary for ventilation, lined with a layer of building paper, and filled with not less than 4 inches of course dry sand.
007.01G2 A fabricated metal roof shall be constructed of 3/16-inch plate steel lined with 4 inches of hardwood. (For each additional 1/16-inch of plate steel, the hardwood lining may be decreased 1 inch.)
007.01H Doors. All doors shall be constructed of 1/4 inch plate steel and lined with 2 inches of hardwood. Hinges and hasps shall be attached to the doors by welding, riveting or bolting (nuts on inside of door). They shall be installed in such a manner that the hinges and hasps cannot be removed when the doors are closed and locked.
007.01 I Locks. Each door shall be equipped with two mortise locks; or with two padlocks fastened in separate hasps and staples; or with a combination of mortise lock and padlock; or with a mortise lock that requires two keys to open; or a three-point lock. Locks shall be five-tumbler or five-blade. All padlocks shall be protected with 1/4 inch steel caps constructed so as to prevent sawing or lever action on the locks or hasps. Semitrailer, tank trucks, and other mobile storage facilities locked with one steel case hardened five-tumbler padlock, having at least 3/8-inch shackle diameter are determined to meet the necessary requirements of this section provided that hinges and hasps are securely fastened to the storage facility and that all locking hardware is secured rigidly and directly to the door frame. Accordingly, only one such Padlock will be required for each door or opening for semitrailer, tank trucks, and other mobile facilities; and such padlocks need not be protected by steel caps.
007.01J Ventilation. Except at doorways, a 2 inch air space shall be left around ceilings and the perimeter of floors. Foundation ventilators shall be not less than 4 by 6 inches. Vents in the foundation, roof or gables shall be screened and offset. A side wall and door Ventilator that are screened and bullet-resistant can be substituted for foundation ventilators.
007.01K Exposed Metal. No sparking metal construction shall be exposed below the top of walls in the interior of storage facilities, and all nails therein shall be blind-nailed or countersunk.
007.02 Igloos, Army-Type Structures, Tunnels, and Dugouts. Igloo, Army-type structures, tunnel, and dugout storage facilities shall be constructed of reinforced concrete, masonry, metal or combination of these materials. They shall have an earthmound covering of not less than 24 inches on the top, sides and rear. Interior walls and floors shall be covered with a non-sparking material. Storage facilities of this type shall also be constructed in conformity with the requirements of Chapter 9, para. 007.01D and 007.01H through 007.01K.
008 Construction of Type 2 Storage Facilities . A type 2 storage facility shall be a box, a trailer, a semi-trailer, or other mobile facility. It shall be bullet-resistant, weather-resistant, theft-resistant, fire-resistant, and well ventilated. Except as provided in Chapter 9, para. 008.03, hinges and hasps shall be attached to the covers or doors in the manner prescribed in Chapter 9, para. 007.01H and the locking system shall be that prescribed in Chapter 9, para. 007.01I.
008.01 Outdoor Storage Facilities. Outdoor storage facilities shall be at least 1 cubic yard in size and supported in such a manner so as to prevent direct contact with the ground. The sides, bottoms, tops and covers or doors shall be constructed of 1/4 inch steel and shall be lined with 2 inches of hardwood. Edges of metal covers shall overlap sides at least 1 inch. The ground around such storage facilities shall slope away for drainage. When unattended, vehicular storage facilities shall have wheels removed or shall be otherwise effectively immobilized by kingpin locking devices or other methods approved by the Nebraska State Patrol.
008.02 Indoor Storage Facilities. No indoor facility for the storage of high explosives shall be located in a residence or dwelling. When located in a warehouse, wholesale, or retail establishment, such storage facilities shall be provided with substantial wheels or casters to facilitate removal from the building. No more than two indoor storage facilities shall be kept in any one building. Two storage facilities may be kept in the same building only when one is used for the storage of blasting caps, squibs, or similar items and other facility is used for the storage of other high explosives. Each storage facility shall be located on the floor nearest the ground level and within 10 feet of an outside exit. Indoor storage facilities within one building shall be separated by a distance of not less than 10 feet. No indoor storage facility shall contain a quantity of high explosives in excess of 50 pounds or more than 5,000 blasting caps. Indoor facilities shall be of wood or metal construction as prescribed in Chapter 9, para. 008.02A or 008.02B.
008.02A Wood Construction. Wood indoor storage facilities shall have sides, bottoms, and covers or doors constructed of 2-inch hardwood and shall be well braced at corners. They shall be covered with sheet metal of not less than number 26 gauge. Nails exposed to the interior of such facilities shall be countersunk.
008.02B Metal Construction. Metal indoor storage facilities shall have sides, bottoms, and covers of doors constructed of number 12-gauge metal and shall be lined inside with a non-sparking material. Edges of metal covers shall overlap sides at least one inch.
008.03 Detonator (Cap) Boxes. Storage facilities for blasting caps in quantities of 100 or less shall have sides, bottoms, and covers constructed of number 12-gauge metal and lined with a non-sparking material. Hinges and hasps shall be attached by welding. One five-tumbler padlock, having at least 3/8-inch shackle diameter is determined to meet the necessary requirements.
009 Construction of Type 3 Storage Facilities . A Type 3 magazine is a "day box" or other portable magazine. It must be fire-resistant, weather-resistant, and theft-resistant (need not be bullet-resistant). A Type 3 magazine is to be constructed of not less than 12 gauge steel, lined with at least ½-inch plywood or ½-inch Masonite type hardboard. Lids must overlap sides by at least one inch. Hinges and hasps are to be attached by welding, riveting, or bolting (nuts on inside). One steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case hardened shackle of at least 3/8-inch diameter is sufficient for locking purposes. Explosive materials are not to be left unattended in a Type 3 magazine and must be removed to a Type 1, 2, 4, or 5 magazine (depending on class of explosive material involved) for overnight or unattended storage.
010 Construction of Type 4 Storage Facilities . A type 4 storage facility may be a building, an igloo, or Army-type structure, a tunnel, a dugout, a box, a trailer, or a semi-trailer or other mobile facility and shall be fire-resistant, weather-resistant, and theft-resistant. They shall be constructed of masonry, metal-covered wood, fabricated metal, or a combination of these materials. The walls and floors of such storage facilities shall be lined with a non-sparking material. The doors or covers shall be metal or solid wood covered with metal. The foundations, locks, lock protection, hinges, hasps, and interior shall be in conformity with the requirements of Chapter 9, para. 007.01E, 007.01H, 007.01I, and 007.01K.
010.01 Outdoor Storage Facilities. The ground around such storage facilities shall slope away for drainage. When unattended, vehicular storage facilities shall have wheels removed or shall be otherwise effectively immobilized by kingpin locking devices or other methods approved by the Nebraska State Patrol.
010.02 Indoor Storage Facilities. No indoor facility for the storage of low explosives shall be located in a residence or dwelling. When located in a warehouse, wholesale or retail establishment, such storage facilities shall be provided with substantial wheels or casters to facilitate removal therefrom. No more than one indoor storage facility shall be kept in any one building. It shall be located on the floor nearest the ground level and within 10 feet of an outside exit. No indoor storage facility shall contain a quantity of low explosives in excess of 50 pounds.
011 Construction of Type 5 Storage Facilities . A type 5 storage facility may be a building, an igloo or Army-type structure, a tunnel, a dugout, a bin, a box, a trailer, or a semi-trailer or other mobile facility and shall be theft-resistant. The door or covers thereof shall be solid wood or metal. The hinges, hasps, locks and lock protection shall be in conformity with the requirements of Chapter 9, para. 007.01H and 007.01I.
011.01 Outdoor Storage Facilities. The ground around such storage facilities shall slope away for drainage. When unattended, vehicular storage facilities shall have wheels removed or shall be otherwise effectively immobilized by kingpin locking devices or other methods approved by the Nebraska State Patrol. An outdoor storage facility shall be weather-resistant.
011.02 Indoor Storage Facilities. No indoor storage facility for the storage of blasting agents shall be located in a residence or dwelling.
012 Smoking and Open Flames . Smoking, matches, open flames, and spark-producing devices shall not be permitted in, or within 50 feet of, any outdoor storage facility or within any room containing an indoor magazine.
013 Quantity and Storage Restrictions . Explosive materials in excess of 300,000 pounds or blasting caps in excess of 20 million shall not be stored in one storage facility. Blasting caps shall not be stored with other explosive materials in type 1, 2, 3 or 5 storage facilities. A type 4 storage facility meets the requirements for storage of blasting caps that do not mass detonate. A “cap box”, that meets the requirements of Chapter 9, may be attached to the outside of a type 1, 2, or 3 storage magazine by welding, riveting, or bolting. Rivets or bolts must be on the inside of the box, not visible from the outside, and covered with non-sparking material. The total explosive material located within the magazine and cap box shall be used to determine the table of distances.
014 Storage Within Types 1, 2, 3 and 4 Facilities .
014.01 Explosive materials within a storage facility shall not be placed directly against interior walls. Any devices constructed or placed within a storage facility shall not interfere with ventilation.
014.02 Containers of explosive materials shall be stored by being laid flat with the top side up. Corresponding classes, grades, and brands shall be stored together within a storage facility in such a manner that class, grade, and brand marks are easily visible upon inspection. Stocks of explosive materials shall be stored so as to be easily counted and checked.
014.03 Except with respect to fiberboard containers, explosive materials shall not be unpacked or repacked inside a storage facility or within 50 feet thereof, and shall not be unpacked or repacked in close proximity to other explosive materials. Containers of explosive materials shall be securely closed while being stored.
014.04 Tools used for opening or closing containers of explosive materials shall be of non-sparking materials, except that metal slitters may be used for opening fiberboard containers. A wood wedge and a fiber, rubber, or wooden mallet shall be used for opening or closing wood containers of explosive materials. Metal tools other than non-sparking transfer conveyors shall not be stored in any storage facility containing high explosives.
015 Housekeeping . Storage facilities shall be kept clean, dry, and free of grit, paper, empty packages and containers, and rubbish. Floors shall be regularly swept. Brooms and other utensils used in the cleaning and maintenance of storage facilities shall have no spark-producing metal parts. Floors stained by leakage from explosive materials shall be cleaned according to instructions of the manufacturer. When any explosive material has deteriorated to the extent that it is in a dangerous condition, or if a liquid leaks therefrom, it shall be destroyed in accordance with the instructions of its manufacturer. The area surrounding storage facilities shall be kept clear of rubbish, brush, dry grass, or trees for not less than 25 feet in all directions. Any other combustible materials shall be kept a distance of not less than 50 feet from outdoor storage facilities. The Nebraska State Patrol shall permit trees to grow within 25 feet of a magazine for barricade protection purposes provided that such trees are living and at least 10-feet high.
015.01 Storage facilities shall not contain or house any amount of flammable or combustible material.
016 Repair of Storage Facilities . Prior to the interior repair of storage facilities, all explosive materials shall be removed and the interior shall be cleaned. Prior to the exterior repair of storage facilities, all explosive materials shall be removed if there exists a possibility that such repairs may produce sparks or flame. The explosive materials removed from storage facilities under repair shall either be placed in other storage facilities appropriate for the storage of such materials under Chapter 9 or placed a safe distance from the facilities under repair where they shall be properly guarded and protected until the repairs have been completed.
017 Lighting . The use of electrical lights when meeting appropriate local, state and federal building codes is approved. All electrical switches must be located outside the storage facility. Other than approved lighting, no lighting shall be placed or used in a storage facility of type 1, 2, 3, or 4 except battery-activated safety lights or battery-activated safety-lanterns, or spark proof flashlights.
018 Security of Magazines . The keys to any magazine doors and covers must be available only to trusted employees appointed in writing and must be a permittee. It is the storage permittee's responsibility to keep his or her magazines locked from all unauthorized persons. Publicly owned electric distribution, public utilities and privately owned electric distribution, public utilities and communications systems may, at their discretion, designate certain employees who will be responsible for the inspection and security of stored explosives. It is permissible for these persons to have keys to the storage permittee's magazine.
019 Change of Location; Change in Construction
019.01 Other than storage facilities. Except as provided in Chapter 9, para. 019.02, a permittee may during the term of his or her permit remove his or her business or operations to a new location at which he or she intends regularly to carry on such business or operations, without procuring a new permit. However, in every case, notification of the new location of the business or operations must be given not less than 10 days prior to such removal to the Nebraska State Patrol. In each instance, the permit and any copies thereof furnished with the permit must be submitted for endorsement to the Nebraska State Patrol. After endorsement of the permit and the copies thereof to show the new location and the new permit number, if any, the Nebraska State Patrol will return same to the permittee.
019.02 Storage Facilities. A permittee who intends to change the location of his or her approved storage facility described in his or her application (other than a change of location of a portable approved storage facility) during the term of his or her permit shall make written application, in duplicate, to the Nebraska State Patrol who issued the permit, describing the location, the type of construction, and the class of explosive materials as prescribed herein. The application may include a request for approval of specific successive changes in location of an approved storage facility. Storage of explosive materials may not be commenced at the new location prior to receipt of the copy of such application stamped "approved".
019.03 Additions to or Changes in Storage Facilities. A permittee who intends to make additions to or changes in construction of approved storage facilities described in his or her application, shall file an application with the Nebraska State Patrol for an amended permit, describing the proposed additions or changes. Additions to or changes in construction of approved storage facilities may not be made prior to issuance of the amended permit. Upon receipt of the amended permit, the permittee shall submit his or her superseded permit and any copies thereof to the Nebraska State Patrol.
020 Record Keeping and Permitted Transactions .
020.01 All transfers of explosives occurring within the State are illegal except the following:
020.01A Any holder of any permit required under Sections 28-1213 to 28-1239, Neb. Rev. Stat. (1989) or a federal permittee or licensee may transfer explosive materials to the holder of any permit issued by the Nebraska State Patrol or to a federal licensee or permittee or to a permittee or licensee holding a permit or license issued under the laws of contiguous state, provided, appropriate and accurate record keeping as further prescribed in these rules and regulations are followed. Any explosive material used or stored in the State of Nebraska, must be used or stored by a person in possession of a permit issued by the Nebraska State Patrol.
020.01B Under no conditions may any permit holder herein physically transfer to another person in the State of Nebraska any explosive materials unless the transferee physically shows the license or permit which is authorization to take possession of such explosive materials. Any resident of the State of Nebraska who holds a valid explosive permit issued by the Nebraska State Patrol and who uses explosive material in the conduct of a business or occupation may lawfully purchase explosives from a licensed seller located or residing in a state contiguous to the state of Nebraska and bring such explosive material into Nebraska. (Neb. Rev. Stat. §§28-1235.01)
020.01C All other transfers are illegal.
020.02 Every person in possession of a storage permit shall maintain an accurate inventory of all explosives in his possession. Each transfer of explosive materials to other persons must be recorded to include a statement of intended use by the transferee, his or her name, date and place of birth, social security number or taxpayer identification number, and place of residence, and permit number.
020.03 Where the storage permittee is transferring the explosive materials to his or-her own agent or servant for immediate detonation, a blasting record must be maintained describing the time, place, amount, and type of explosives used in the blasting operation.
020.04 Every storage permit holder shall use such accounting methods as are adequate to determine upon inventory whether or not any explosives are unaccounted for. Further inventories to determine whether explosives are unaccounted for must be made on the first day of each calendar quarter. Shortages of the inventory which ought to be on hand shall be reported within 24 hours of discovery, in writing to the Nebraska State Patrol.
020.05 Holders of business enterprise purchase permits or use permits must in all cases maintain a record showing explosive materials that come into it’s possession, stating amount and type of explosive materials. Disposition of such explosives must be shown and recorded. If such explosives are transferred to another, the information required in Chapter 9, para. 020.02 and the proof of transferee's authority required in Chapter 9, para. 020.01C must be obtained. Where such explosives are detonated, a blasting record must be maintained describing the time, place, amount and type of explosive materials used in the blasting operations. Where the same person possesses a storage permit, a business enterprise purchase permit, and a user’s permit or has employees possessing user's permits, compliance with the record keeping provisions of Chapter 9, para. 020.02 through 020.04 to that person's storage permit will be deemed compliance with this section pertaining to that person's purchase permit, use permit and employees' use permits, provided that accounting methods used are adequate to discover all shortages not accounted for by detonation or valid transfers.
Statutory Authority: Neb. Rev. Stat. §§28-1213 to 28-1239 (1989).
Legal Citation: Title 272, Ch. 9, Nebraska State Patrol.
History
- Effective 2000-09-17
Chapter 10 Transportation of Class 1, Division 1.1 Through Division 1.6 Explosives.
Neb. Admin. Code tit. 272, ch. 10 Transportation of Class 1, Division 1.1 Through Division 1.6 Explosives. {#sec-272-nac-10 omnilex-key=us-ne-regs-official--title-272--272 NAC 10}
001 Transportation: General
001.01 In addition to all other applicable requirements set forth in these Rules and Regulations, the transportation of division 1.1 through division 1.6 explosives over all highways shall be in accordance with the U.S. Department of Transportation 49 CFR Sections 100 through 179 and Sections 390 through 397.
001.02 No person shall smoke, carry matches or any other flame-producing device, or carry firearms or loaded cartridge while in or near a motor vehicle transporting explosives. Nothing in this sub-section shall be so construed as to prevent the presence of a duly authorized and legally constituted armed guard on such vehicles where security considerations dictate their necessity.
001.03 Explosives shall not be carried or transported in or upon a public conveyance or vehicle carrying passengers for hire.
001.04 Explosives may be loaded into and transported in the following: truck, truck with semitrailer, truck with full trailer, truck-tractor with semi-trailer, truck-tractor with semi-trailer and full trailer. Publicly owned electric distribution, public utilities and privately owned electric distribution public utilities and communications systems which shall have first obtained the express approval of the Nebraska State Patrol in respect to their particular methods of handling explosives in trailer-hauling trucks shall be exempt from the provisions of this paragraph.
001.05 Explosives shall not be transferred from one vehicle to another within the corporate limits of any city or town without informing the local fire and police departments thereof. In the event of breakdown or collision, the local fire and local and state police departments or sheriff shall be promptly notified to help safeguard such emergencies. Explosives shall be transferred from the disabled vehicle to another only when proper and qualified supervision is provided.
001.06 Detonators may be transported with other explosive materials in the same vehicle only in accordance with U.S. Department of Transportation 49 CFR Sections 100 through 179 and Sections 390 through 397.
002 Transportation; Vehicles; Safety Requirements
002.01 Vehicles used for transporting explosives shall be strong enough to carry the load without difficulty and be in good mechanical condition. The transportation of explosive materials in open-bodied motor vehicles which depend upon a fire-resistant tarpaulin for protection is not permitted. When explosive materials are transported by a vehicle with an open body, they shall be loaded into a portable magazine or closed container and such portable magazine or closed container shall be securely fastened to the truck bed. All vehicles used for the transportation of explosives shall have tight floors, and any exposed spark-producing metal on the inside of the body shall be covered with wood or other non-sparking materials to prevent contact with packages of explosives. Packages of explosives shall not be loaded above the sides of an open-body vehicle.
002.02 Motor vehicles, when used for transporting any quantity of explosive materials shall display placards and other markings required by regulations of U.S. Department of Transportation *CFR 49, Sections 100 through 179 and Sections 390 through 397.
002.03 Each motor vehicle used for transporting explosive materials shall be equipped with fire extinguishers as follows:
002.03A Trucks of less than 14,000 pounds GVW rating: Minimum of two extinguishers with total rating of at least 4-A:20-B:C. Trucks over 14,000 GVW rating and tractor semi-trailer units: Two or more extinguishers with a total rating of at least 4-A:70-B:C.
002.03B Only extinguishers listed or approved by Underwriters' Laboratories, Inc., Factory Mutual Laboratories, or by some other nationally recognized fire equipment testing laboratory, shall be deemed suitable for use on explosive-carrying vehicles.,
002.03C Extinguishers shall be filled and ready for immediate use and located near the driver's seat. Extinguisher shall be examined every 12 months as to condition by a competent person and after being used.
002.04 Motor vehicles used for transporting explosives shall be given the following inspection before each trip to determine that they are in the proper condition for safe transportation of explosives:
002.04A Fire extinguishers shall be filled and in working order.
002.04B All electrical wiring shall be completely protected and securely fastened to prevent short circuiting.
002.04C Chassis, motor, pan and underside of body shall be reasonably clean and free of excess oil and grease.
002.04D Fuel tank and feed line shall be secure and have no leaks.
002.04E Brakes, lights, horns, windshield wipers and steering apparatus shall function properly.
002.04F Tires shall be checked for proper inflation and defects.
002.04G The vehicle shall be in proper condition in every other respect and acceptable for hauling explosives.
003 Transportation: Operation of Vehicles in Commerce .
003.01 Vehicles transporting explosives shall only be driven by and be in charge of a driver who meets and has a Commercial Driver's License with proper endorsements and meets the requirements of U.S. Department of Transportation 49 CFR Sections 100 through 179 and Sections 390 through 397.
003.02 Unauthorized persons or passengers shall not ride on a motor vehicle transporting explosives.
003.03 Motor vehicles transporting explosive materials must come to a full stop before crossing any railroad track or main highway, and must not proceed until the driver determines that the way is clear.
003.04 Vehicles delivering explosive materials shall not be driven at speeds in excess of the posted speed limits.
003.05 The fuel tank of a motor vehicle transporting explosives shall not be filled except in an emergency or when necessary to complete a trip, and then only when the motor is stopped and brakes set.
003.06 A motor vehicle which contains a Division 1.1, 1.2, or 1.3 (explosive material must be attended at all times by the driver or other authorized person. Exception: If the vehicle is parked in a “safe haven” in accordance with the provisions of 49 CFR.
003.07 Except under emergency conditions, no vehicle transporting explosives shall be parked before reaching its destination., even though attended, on any public street adjacent to or in proximity to any bridge, tunnel, dwelling, building or place where people work, congregate or assemble.
003.08 No spark-producing metal, spark-producing metal tools, oils, matches, carbides, firearms, electric storage batteries, flammable substances, acids, oxidizing materials, or corrosive compounds shall be carried in the body of any motor truck and/or vehicle transporting explosives unless this material is carried/transported in accordance U.S. Department of Transportation *CFR 49, Sections 100 through 179 and Sections 390 through 397. Nothing in this sub-section shall be so construed as to prevent the presence of a duly authorized and legally constituted armed guard on such vehicles where security considerations dictate their necessity.
003.09 Vehicles transporting explosives shall avoid congested areas and heavy traffic. Where routes through congested areas have been designated by local authorities, such routes shall be followed.
003.10 Delivery of explosives shall be made only to authorized persons and into authorized magazines or approved temporary storage or handling areas.
004 Transportation (in Commerce) : Smokeless Propellants, Small Arms Ammunition Primers .
004.01 Quantities of smokeless propellants in shipping containers approved by the United States Department of Transportation not in excess of 25 pounds may be transported in a passenger vehicle.
004.02 Quantities of smokeless propellants in excess of 25 pounds but not exceeding 100 pounds in a passenger vehicle shall be transported in a portable box having wooden walls of at least one inch nominal thickness.
004.03 Transportation of smokeless propellants in quantities in excess of 100 pounds is prohibited in passenger vehicles.
004.04 Transportation of quantities of smokeless propellants in excess of 50 pounds in other than passenger vehicles shall be in accordance with U.S. Department of Transportation 49 CFR Sections 100 through 179 and Sections 390 through 397.
004.05 Small Arms Ammunition Primers.
004.05A Small arms ammunition primers shall not be transported or stored except in the original shipping container approved by the U.S. Department of Transportation 49 CFR Sections 100 through 179 and Sections 390 through 397.
004.05B Truck or rail transportation of small arms ammunition primers shall be in accordance with the regulations of the U.S. Department of Transportation 49 CFR Sections 170 through 179 and Sections 390 through 397.
004.05C Not more than 25,000 small arms ammunition primers hall be transported in a passenger vehicle when in commerce.
005 Transportation: Blasting Agents .
005.01 When blasting agents are transported in the same vehicle with other explosives, all of the requirements of Chapter 10 and U.S. Department of Transportation 49 CFR Sections 100 through 179 and Sections 390 through 397 shall be complied with.
005.02 Vehicles transporting blasting agents shall only be driven by and be in charge of a driver at least 18 years of age who is capable, careful, reliable and in possession of a valid Commercial (CDL) Driver’s license with proper endorsements.
005.03 No matches, firearms, acids or other-corrosive liquids shall be carried in the bed or body of any vehicle containing blasting agents.
005.04 No person shall be permitted to ride upon, drive, load or unload a vehicle containing blasting agents while smoking or under the influence of intoxicants or narcotics.
005.05 It is prohibited for any person to transport or carry any blasting agents upon any public vehicle carrying passengers for hire.
005.06 Vehicles transporting blasting agents shall be in safe operating condition at all times.
005.07 When offering blasting agents for transportation on public highways the packaging, marking, and labeling of containers of blasting agents shall comply with the requirements of the U.S. Department of Transportation 49 CFR Sections 100 through 179 and Sections 390 through 397.
005.08 Vehicles used for transporting blasting agents on public highways shall be marked and placarded in accordance with U.S. Department of Transportation 49 CFR Sections 100 through 179 and Sections 390 through 397.
CFR = Code of Federal Regulations
Statutory Authority: Neb. Rev. Stat. §§28-1213 to 28-1239 & 75-363.
Legal Citation: Title 272, Ch. 10, Nebraska State Patrol.
History
- Effective 2000-09-17
Chapter 11 General Safety Regulations
Neb. Admin. Code tit. 272, ch. 11 General Safety Regulations {#sec-272-nac-11 omnilex-key=us-ne-regs-official--title-272--272 NAC 11}
001 General Safety Regulations
001.01 No person shall smoke, carry matches, lighters or other flame producing devices, or allow others to do so, while near explosives. Exception: Blasters may possess a device for the specific purpose of lighting safety fuse.
001.02 No person shall handle explosives near open lights, fire, flame or sparks. If artificial light is needed, only a safety-type flashlight or electric lantern may be used.
001.03 Use oldest stock first.
001.04 No person shall store, handle or use explosives in or near a residence.
001.05 Do not allow explosives to become wet or exposed to the weather.
001.06 Do not throw or drop packages of explosives or handle them roughly.
001.07 Do not use metal bale hooks when handling; or sparking metal tools to open wooden or metal packages of explosives.
001.08 No person shall open, pack, or repack metal or wooden containers of explosive materials in a magazine.
001.09 Proper disposal shall be made of empty explosives containers as follows:
001.09A Explosives containers shall be entirely empty before discarding and those showing stains of any kind shall not be placed where uninformed persons or children might have access to them pending destruction.
001.09B Empty containers showing stains of any kind shall be destroyed by burning out of doors, at a safe distance from magazines or other structures. Empty explosive containers should be burned according to manufacturer and the recommendations of the Institute Makers of Explosives. Local burning ordinances, rules, or laws must be obeyed and appropriate burning permits must be obtained where required. Contact your local Sheriff’s Office for clarification on local burning permits. Additionally, the Nebraska Department of Environmental Quality (DEQ), Title 128, Rules and Regulations Governing Hazardous Waste Management in Nebraska, must be followed.
For clarification, contact the Lincoln, Nebraska office of the DEQ.
001.10 Do not carry blasting caps or electric blasting caps or explosives in your pockets, or leave them where children or others can have contact with them.
001.11 Do not allow shooting, or allow anyone to have cartridges or firearms in or around magazines or near explosives.
001.12 No unauthorized persons shall be allowed near explosives.
001.13 Be alert for broken, defective or leaky packages.
001.14 Every holder of any storage or business enterprise permit required under these regulations shall maintain a log describing the time, place, amount and type of explosive used in any blasting operations performed by him or her at his or her direction.
001.15 Smoking, open lights, or fire or sparks of any kind are prohibited within one hundred (100) feet from where explosives are being handled, used or temporarily placed. No source of ignition, except means necessary to light fuses or fire electric detonators is permitted in an area containing loaded holes.
001.16 Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by radar, radio transmitters, lightning, adjacent power lines, dust storms, snow storms, or other storms of extraneous electricity.
001.17 All use of explosives and any handling thereof, shall be stopped immediately upon the approach of a thunderstorm, and all persons in the area shall immediately seek a place of safety.
001.18 When electric detonators are used for blasting, radio transmission shall be suspended and mobile transmitters shall be kept away from the blasting area unless blasting operations are conducted in accordance with Institute of Makers of Explosives Safety Library Publication No. 20. The information in IME Publication No. 20 has been incorporated into Appendix I, II, III, and Table IV. Signs shall be posted within 1000 feet of the blasting site warning that two-way radios be turned off.
001.19 All accidents, fires, accidental explosions, theft, or property damage occurring in connection with the use of explosives shall be reported immediately to the Bureau of Alcohol, Tobacco and Firearms, the Nebraska State Patrol, local sheriff, and police by telephone, and be supplemented by a detailed written report.
001.20 The employer shall be responsible for making the contents of these regulations known to his employees.
001.21 Every employee handling or using explosives shall observe all requirements of these regulations which directly concern or affect his or her conduct.
Statutory Authority: Neb. Rev. Stat. §§28-1236.
Legal Citation: Title 272, Ch. 11, Nebraska State Patrol.
History
- Effective 2000-09-17
Chapter 12 Compliance, Penalties for Non-Compliance
Neb. Admin. Code tit. 272, ch. 12 Compliance, Penalties for Non-Compliance {#sec-272-nac-12 omnilex-key=us-ne-regs-official--title-272--272 NAC 12}
001 Compliance, Penalties for Non-compliance
001.01 Nebraska State Patrol will revoke the permit of any person who:
001.01A Is found to be under 21 years of age;
001.01B Has been convicted in any court of a felony;
001.01D Is a fugitive from justice;
001.01E Is an unlawful user of any depressant, stimulant, or narcotic drug;
001.01F 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;
007.05G 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.
007.05H 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.
007.05I 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.
007.05J Is an alien illegally in the United States.
001.01K 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;
001.01L Has not complied with an order by the Nebraska State Patrol within the time specified in such order.
002 An order of revocation shall automatically become final in ten business days after service of the order unless the permit holder presents a petition for hearing within ten business days after service of the order. Service may be by certified mail, personal service, or by leaving at the address of record as indicated on the permit holder application. Revocation proceedings shall be in accordance with the procedure required for contested cases set forth in Title 272, Rules and Regulations Concerning the Use of Explosives in the State of Nebraska, Chapter 1.
003 The Nebraska State Patrol may, in the interest of safety, order the immediate suspension of any Patrol issued Explosive Permit pending revocation proceedings. This suspension order may be made verbally and must be followed with a written order of suspension. In the event of an appeal of an immediate suspension, an expedited hearing will be allowed.
004 Explosive use, storage and purchase permits may be issued provisionally based upon the application and a criminal name check on the applicant. These permits will be revoked immediately if further investigation reveals any conflict or violation of Title 272, Chapter 12 or Nebraska Statute 28-1219, Obtaining a Permit Through False Representation.
004 Failure to comply with the requirements of these regulations may be grounds for administrative enforcement proceedings or penalties in criminal proceedings brought by the County Attorney or Attorney General pursuant to Neb. Rev. Stat. §§28-1213 to 28-1239.
Statutory Authority: Neb. Rev. Stat. §§28-1213 to 28-1239.
Legal Citation: Title 272, Ch. 12, Nebraska State Patrol.
History
- Effective 2000-09-17
Chapter 16 Procedures for Negotiated Rulemaking
Neb. Admin. Code tit. 272, ch. 16 Procedures for Negotiated Rulemaking {#sec-272-nac-16 omnilex-key=us-ne-regs-official--title-272--272 NAC 16}
001. General .
001.01. The Nebraska State Patrol adopts the Model Rules for Negotiated Rulemaking in Title 53, Nebraska Administrative Code, Chapter 1.
History
- Effective 2021-07-04
Chapter 17 Petitioning for Rulemaking
Neb. Admin. Code tit. 272, ch. 17 Petitioning for Rulemaking {#sec-272-nac-17 omnilex-key=us-ne-regs-official--title-272--272 NAC 17}
001. General .
001.01. The Nebraska State Patrol adopts the Model Rules for Petitioning for Rulemaking in Title 53, Nebraska Administrative Code, Chapter 2.
History
- Effective 2021-07-04
Chapter 18 Regulations and Procedures Governing Agency Declaratory Orders
Neb. Admin. Code tit. 272, ch. 18 Regulations and Procedures Governing Agency Declaratory Orders {#sec-272-nac-18 omnilex-key=us-ne-regs-official--title-272--272 NAC 18}
001. General .
001.01. The Nebraska State Patrol adopts the Model Rules and Procedures Governing Agency Declaratory Orders in Title 53, Nebraska Administrative Code, Chapter 3.
History
- Effective 2021-07-04
Chapter 19 Sex Offender Registration
Neb. Admin. Code tit. 272, ch. 19 Sex Offender Registration {#sec-272-nac-19 omnilex-key=us-ne-regs-official--title-272--272 NAC 19}
001 SCOPE AND PURPOSE
001.01 These regulations are to implement the Sex Offender Registration Act pursuant to Neb. Rev. Stat. §29-4013 as amended by LB 204 passed in 1998, LB 564 passed in 2002, LB 943 passed in 2004, LB 713 passed in 2005, LB 1199 passed in 2006, LB 285 passed in 2009, LB 292 and 605 passed in 2015, and LB 934 passed in 2016. The Nebraska Sex Offender Registration Act was passed to protect the public, in particular children, from violent sex offenders via a more comprehensive system for registration of convicted sex offenders by implementing standards as outlined in the Adam Walsh Child Protection and Safety Act of 2006. The general objective of this act is to protect people from convicted sex offenders through registration requirements and community notification.
002 DEFINITIONS
002.01 “Aggravated offense” is defined by Neb. Rev. Stat. §29-4001.01(1).
002.02 “Attends school” means enrollment in any educational institution in the state on a full-time or a part-time basis regardless of the number of hours or credits involved. This includes vocational as well as academic institutions and both credit and non-credit courses.
002.03 “DNA Sample” is defined by Neb. Rev. Stat. § 29-4103.
002.04 “Employed or carries on a vocation” means any full-time or part-time employment, with or without compensation, which lasts for a duration of more than fourteen (14) days or for an aggregate period exceeding thirty (30) days in a calendar year. This includes working “at” a postsecondary educational campus in any capacity either for the educational institution or for any other entity which requires a presence on campus.
002.05 “Governmental agency” means a unit or subdivision of government established by statute which has employees paid by the state or local subdivision or government. It does not include quasi-governmental organizations or private enterprises having a contractual relationship with a governmental unit.
002.06 “ Habitual living location” is defined by Neb. Rev. Stat. §29-4001.01(3).
002.07 “Incarcerated” means the physical holding or supervisory control over a person by a jail, penal or correctional facility or by a public or private institution at the direction of a jail, penal or correctional facility or a court. A person shall be considered incarcerated during short periods of supervised release such as work- release.
002.08 “Law enforcement agency” means a recognized police department, Sheriff’s office, probation or parole officer, or the Nebraska State Patrol having an assigned originating agency identifier (ORI) issued by the Federal Bureau of Investigation.
002.09 "Listed offense" means the offenses listed in section 003.01 of these regulations which are the same as those listed in Neb. Rev. Stat. §29-4003.
002.10 "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of a criminal sexual act to a degree that makes the person a menace to the health and safety of other persons.
002.11 "Minor" means a person below the age of eighteen (18).
002.12 "Nebraska State Patrol" means the Sex Offender Registration and Community Notification Division of the Nebraska State Patrol, P.O. Box 94907, Lincoln, Nebraska 68509.
002.13 "Other jurisdiction of the United States" means any federal court, tribal court, or any military court of the United States.
002.14 "Person" means an individual subject to the registration requirements and does not include corporations or other entities.
002.15 “Personnel” as used herein means personnel assigned to the Nebraska State Patrol and other employees within the Nebraska State Patrol who are necessary for handling registrations, notifications, or appeal hearings.
002.16 “Postsecondary educational institution” means any institution with a formal instructional program whose curriculum is designed primarily for students who have completed the requirements of a high school diploma or its equivalent. This includes programs whose purpose is academic, vocational, and continuing professional education, and includes a vocational and adult basic education programs.
002.17 “Prior sex offense conviction” means a conviction for one of the listed offenses (or an offense substantially equivalent) which precedes the commission of another registrable offense. The earlier or “prior” conviction can be from any time before the later conviction and can be from any state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, or by a court-martial or other military tribunal, notwithstanding a set-aside or similar procedure to nullify the conviction other than a pardon.
002.18 “Sex Offender” means an individual who has been convicted of a crime listed in Neb. Rev. Stat. §29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act.
002.19 “Sexual predator” means an individual who is required to register under the Sex Offender Registration act, who has committed an AGGRAVATED offense, as defined in section 2.01 of this section, and who has victimized a person eighteen years of age or younger.
002.20 "Sexually violent predator" means a person determined by a court to be a sexually violent predator at the time of sentencing for one of the listed offenses. A judge will determine whether this is a person "who suffers from a mental abnormality or personality disorder that makes the person likely to engage in sexually violent offenses directed at a stranger or at a person with whom a relationship has been established or promoted, for the primary purpose of victimization." A person determined to be a sexually violent predator or a sexually violent offender in a federal jurisdiction or in another state will be classified as a sexually violent predator in Nebraska.
002.21 “State DNA database” means the database established pursuant to Neb. Rev. Stat. § 29-4104.
002.22 "Substantially equivalent offense" means a criminal offense from another state, territory, commonwealth or federal jurisdiction which has largely the same basic elements as one of the Nebraska listed offenses.
002.23 “Supervised release” means any release from confinement which is conducted under supervision and exceeds three (3) days in duration. It shall include probation, parole, a work release program, furlough and any other type of release except for an unconditional discharge.
002.24 "Temporary domicile" is defined by Neb. Rev. Stat. §29-4001.01(6).
002.25 "The Act" means the Sex Offender Registration Act found in Neb. Rev. Stat. §29-4001 through §29-4013.
002.26 “Victim” means the subject of a sexual assault or other offense listed in section 003.01 of these regulations whether the offense is the one requiring registration, is a prior or subsequent offense, or is an offense which was charged but dismissed through plea negotiations. Victim also includes the parents or guardians of minors or vulnerable adults.
002.27 "Working days" means Monday through Friday but does not include any day which is a state holiday. State Holidays are: New Years Day, Martin Luther King, Jr. Day, President's Day, Arbor Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day.
003 APPLICABILITY
003.01 The registration requirement applies to any person who on or after January 1,1997 has ever pleaded guilty or nolo contendere to, or been found guilty of any of the following offenses (referred to elsewhere as “listed offenses”) or has ever pleaded guilty or nolo contendere to, or been found guilty of any offense that is substantially equivalent to any of the listed offenses by any village, town, city, state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, by court-martial or other military tribunal, or by a foreign jurisdiction, notwithstanding a procedure comparable in effect to that described under Neb Rev Stat §29-2264 or any other substantially equivalent procedure to nullify a conviction other than by pardon :
003.01A Kidnapping pursuant to Neb. Rev. Stat. §28-313 when the victim is a minor, except when the person is the parent of the minor and was not convicted of any of the below listed offenses;
003.01B False imprisonment pursuant to Neb. Rev. Stat. §28-314 or Neb. Rev. Stat. §28-315 when the victim is a minor;
003.01C Sexual assault in the first, second or third degree pursuant to Neb. Rev. Stat. §28-319 or Neb. Rev. Stat. §28-320;
003.01D Sexual assault of a child in the first, second or third degree pursuant to Neb. Rev. Stat. §28-319.01 or Neb. Rev. Stat §28-320.01;
003.01E Sexual abuse of a vulnerable adult pursuant to Neb. Rev. Stat. §28-386(1)(c);
003.01F Incest of a minor pursuant to Neb. Rev. Stat. §28-703;
003.01G Pandering pursuant to Neb. Rev. Stat. §28-802 when the victim is a minor.
003.01H Visual depiction of sexually explicit conduct of a child pursuant to Neb. Rev. Stat. §28-1463.03 or Neb. Rev. Stat. §28-1463.05;
003.01I Knowingly possessing any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers pursuant to Neb. Rev. Stat. §28-813.01;
003.01J Criminal child enticement pursuant to Neb. Rev. Stat. §28-311
003.01K Child enticement by means of an electronic communication device pursuant to Neb. Rev. Stat. § 28-320.02;
003.01L Debauching a Minor pursuant to Neb. Rev. Stat. §28-805;
003.01M Attempt, solicitation, aiding or abetting, being an accessory or conspiracy to commit an offense listed in subdivisions 003.01(A)- (L) of this section.
003.01.1 In addition to the registrable offenses listed in 3.01 (A)-(M) of this section, the sex offender registration act applies to any person who on or after January 1, 2010 pleads guilty to, pleads nolo contendere to, or has been found guilty of any of the following crimes (003.01(N)-(Z)) or has ever pled guilty to, pled nolo contendere to, or been found guilty of any offense that is substantially equivalent to the listed offenses.
003.01.2 Sections 003.01 (N)-(S) require that a court will have found evidence of sexual penetration or sexual contact, as those terms are defined in Neb. Rev. Stat. §28-318, based upon information present in the record, which will include consideration of the factual basis for a plea-based conviction and information contained in the presentence report;
003.01N Murder in the first degree or second degree pursuant to Neb. Rev. Stat. § 28-303 or Neb. Rev. Stat. § 28-304;
003.01O Manslaughter pursuant to Neb. Rev. Stat. 28-305;
003.01P Assault in the first, second or third degree pursuant to Neb. Rev. Stat. § 28-308, or Neb. Rev. Stat. § 28-309, or Neb. Rev. Stat. § 28-310;
003.01Q Stalking pursuant to Neb. Rev. Stat. § 28-311.03;
003.01R Kidnapping pursuant to Neb. Rev. Stat. § 28-313;
003.01S False imprisonment pursuant to Neb. Rev. Stat. § 28-314 or Neb. Rev. § Stat 28-315;
003.01T Violation of Neb. Rev. Stat. § 28-311.08, Unlawful Intrusion, requiring registration under the act pursuant to subsection (6);
003.01U Sexual abuse of an inmate or parolee in the first degree or second degree pursuant to Neb. Rev. Stat. § 28-322.02 or Neb. Rev. Stat. § 28-322.03;
003.01V Sexual abuse of a protected individual pursuant to Neb. Rev. Stat. § 28-322.04;
003.01W Incest pursuant to Neb. Rev. Stat. § 28-703;
003.01X Child abuse pursuant to Neb. Rev. Stat. § 28-707 (1) (d) or (1)(e);
003.01Y Enticement by electronic communication device pursuant to Neb. Rev. Stat. § 28-833;
003.01Z Attempt, solicitation, aiding or abetting, being an accessory or conspiracy to commit an offense listed in subdivisions 003.01(N) through 003.01(Y) of this section.
003.02 The registration requirement applies to any person who lives in the State of Nebraska or who is employed, carries on a vocation, or attends school in the State of Nebraska and who:
003.02A Pleads guilty to or nolo contendere or is found guilty of one of the listed offenses in Section 3.01 on or after January 1, 1997 for section 003.01(A)-(M). Pleads guilty to or nolo contendere or is found guilty of one of the listed offenses in Section 3.01 on or after January 1, 2010 for section 003.01(N)-(Z);
003.02B Was incarcerated in a jail or other penal facility on or after January 1, 1997 as a result of pleading guilty, nolo contendere or being found guilty of one of the listed offenses in section 003.01(A)-(M);
003.02C Was incarcerated in a public or private institution on or after January 1, 1997 as a result of pleading guilty to, nolo contendere or being found guilty of one of the listed offenses in section 003.01(A)-(M) prior to January 1, 1997;
003.02D Was on probation or parole on or after January 1, 1997 as a result of pleading guilty to, nolo contendere or being found guilty of one of the listed offenses in section 003.01(A)-(M) prior to January 1, 1997;
003.02E Enters the state of Nebraska having, on or after January 1, 1997, pleaded guilty, nolo contendere or been found guilty of any offense in any village, town, city, state, territory, commonwealth or other jurisdiction of the United States, by the United States Government, or by court-martial or other military tribunal, or by a foreign jurisdiction that is substantially equivalent to the listed offenses in section 003.01(A)-(M), or on or after January 1, 2010 for the listed offenses in section 003.01 (N)-(Z), notwithstanding a set-aside or procedure substantially similar in effect to that described in Neb. Rev. Stat. §29-2264 or any other procedure to nullify a conviction other than by pardon;
003.02F Enters the state and is required to register as a sex offender for any reason and at any age, under the laws of another state, territory, commonwealth or other jurisdiction of the United States or Foreign Country; or
003.02G Enters the state of Nebraska having been registered at any time as a "sexually violent offender" or "sexually violent predator" or the substantial equivalent in another state, territory, commonwealth or other jurisdiction of the United States or Foreign Country.
003.03 A person will be considered incarcerated on or after January 1, 1997 even though he or she may not be physically present in the incarcerating facility due to a temporary furlough, community furlough, house arrest or administrative leave.
003.04 A juvenile who was adjudicated of a sex crime, is not required to register unless he or she enters this state and is required to register as a sex offender by the sentencing state, territory, commonwealth or other jurisdiction of the United States or Foreign Country or, is tried as an adult in this state and either pleaded guilty or nolo contendere or is found guilty of a registerable offense in this state. An adjudication of delinquency is not the same as a conviction in adult court even though the conduct on which the adjudication is based would have required registration if the person was tried as an adult in Nebraska.
003.05 The registration requirement does not apply to a person who:
003.05A Is convicted of any offense other than those listed above or the substantial equivalent.
003.05B Is convicted in Nebraska before January 1, 1997 but is not in any penal facility or jail, public or private institution, or on probation or parole for such offense on January 1, 1997 for the crimes listed in 003.01 (A)-(M); or is convicted in Nebraska before January 1, 2010 for the crimes listed in 003.01 (N)-(Z).
003.05C Is a juvenile adjudicated "delinquent" or "in need of special supervision" by the juvenile courts in the state of Nebraska;
003.05D Is found Not Guilty by Reason of Insanity, is acquitted, or is placed in pre-trial diversion (without a guilty plea or finding of guilt) for any of the listed offenses.
003.05E Has received a full pardon for the offense(s) which would otherwise require registration. A person receiving a set-aside for a conviction requiring registration is still required to register.
003.06 A person appealing a conviction requiring registration is required to register and comply with all provisions of the law during the appeals process.
003.07 Any person to whom the Sex Offender Registration Act applies will be required to register during any period of incarceration, supervised release, probation or parole and then continue to register for the full registration period as stated below following discharge from incarceration, supervised release, probation or parole, whichever date is most recent. The registration period is;
003.07A 15 YEARS, for a person who was convicted of a registrable offense under Neb. Rev. Stat § 29-4003 not punishable by imprisonment for more than one (1) year. One (1) year of imprisonment does not refer to the actual sentence received but instead the sentence that may be imposed by statute.
003.07B 25 YEARS, for a person who was convicted of a registrable offense under Neb. Rev. Stat § 29-4003, punishable by imprisonment for more than one (1) year. More than one (1) year of imprisonment does not refer to the actual sentence but instead the sentence that may be imposed by statute.
003.07C LIFE, for a person who was convicted of a registrable offense under Neb. Rev. Stat § 29-4003, punishable by imprisonment for more than one (1) year. More than one (1) year of imprisonment does not refer to the actual sentence but instead the sentence that may be imposed by statute) and was convicted of an aggravated offense or has had a prior sex offense conviction or has been determined to be a lifetime registrant in another state, territory, commonwealth, or other jurisdiction of the United States Government, by court-martial, or other military tribunal, or by a foreign jurisdiction. The agency will follow a judicial finding of “aggravated offense.”
003.08 A sex offender who is required to register for fifteen (15) years may request a reduction in the registration period to ten (10) years upon completion of ten (10) years of compliance with the registration requirements after the date of discharge from probation, parole, supervised release, or incarceration, whichever date occurred most recently. Any time a person who is required to register under the act knowingly or willfully fails to comply with such registration requirement shall not be counted as completed registration time and shall be used to recalculate the ten year registration period.
003.09 Procedures for requests of reduction of registration duration and requests for hearings are outlined in Section 005 and 006.
003.10 A person entering the state of Nebraska having previously been registered under a lifetime registration in another state, territory, commonwealth, or other jurisdiction of the United States or meeting the criteria for lifetime registration in this state by having two (2) or more convictions for a registerable offense or the substantial equivalent of a registerable offense or, having been convicted of an aggravated offense or the substantial equivalent of an aggravated offense, will be required to register for the remainder of their life.
003.11 A person required to register only because they are employed, carrying on a vocation, or attending school in the state of Nebraska will be required to register with the Sheriff of the county in which they work or attend school and will likely be required to register in the out-of-state location in which they reside depending on the laws of the state of residence. This requirement for nonresident workers and nonresident students applies to all types of employment and all schools and should not be confused with the similar but distinct requirements applying to postsecondary educational institutions which are set forth in section 011 of these regulations. The requirements for reporting changes of information found in section 010 of these regulations apply to all changes of information and not just changes of information for postsecondary educational institutions.
003.12 Any time period where a person is required to register under the Act and knowingly or willfully fails to comply with such registration requirement, SHALL NOT have the period of noncompliance counted as completed registration time and such period of noncompliance will be tolled resulting in recalculation of the registration period. The recalculation will be completed by the Nebraska State Patrol.
004 REQUEST FOR DETERMINATION OF APPLICABILITY
004.01 A person required to register may request an administrative determination of applicability of the Nebraska State Patrol Sex Offender Registration to their conviction. A written request must be addressed to the Nebraska State Patrol, Sex Offender Registration, P.O. Box 94907, Lincoln, Nebraska 68509. The request for determination of applicability will include:
004.01A Name, date of birth, address and phone number of the requestor;
004.01B Description of the criminal act(s) which are the subject of the request. This will be specific as to the elements of the crime for which the individual was convicted, conviction date and state of conviction;
004.01C Court action on the offense(s) to include: name of the court, location of the court, date of the action and nature of disposition of the case.
004.02 An administrative determination will be made and the requesting individual advised of this decision in writing within thirty (30) days of the request. An individual not satisfied with the administrative determination of applicability of the program can file an appeal to the Superintendent of Law Enforcement and Public Safety and request a formal determination under the Administrative Procedures Act. Appeals from Administrative Procedures Act determinations can be filed in the District Court.
004.03 Requesting a determination of the applicability of the Act does not extend the time limits for registering and does not relieve the individual of the duty to register. If an individual has registered and a determination is made that registration is not required, the information will be removed from the registry and the individual so notified.
005 REQUEST FOR REDUCTION OF THE FIFTEEN YEAR REGISTRATION PERIOD .
005.01 Only persons required to register for fifteen (15) years may request a reduction in the registration period to ten (10) years. This request can only be made after completion of ten (10) years of the registration period following discharge from probation, parole, supervised release, or incarceration, whichever date is most recent. A written request will be on a form prescribed by the Nebraska State Patrol and must be addressed to the Nebraska State Patrol, Sex Offender Registration Program, P.O. Box 94907, Lincoln, Nebraska 68509. The request must include name, date of birth, address and phone number of the requestor and proof that during the ten (10) years of registration, he or she:
005.01A Was not convicted of any offense for which imprisonment for more than one year could have been imposed;
005.01B Was not convicted of any sex offense;
005.01C Successfully completed any period of probation, parole, supervised release or incarceration;
005.01D Successfully completed an appropriate sex offender treatment program.
005.02 An appropriate sex offender treatment program is a program which provides sex offender specific treatment and must include pre-treatment assessment of static and dynamic risk factors, empirically validated or informed treatment interventions that target an individual’s dynamic risk factors and a plan for on- going services and support beyond the active phase of treatment. Programs that may be approved as “appropriate” include but are not limited to, the Nebraska Department of Corrections sex offender treatment programs and the Nebraska Health and Human Services sex offender treatment programs as well as other programs that meet the criteria stated above.
005.03 An administrative determination will be made and the requesting individual advised of this decision in writing within thirty (30) days of the request. An individual not satisfied with the administrative determination denying reduction of the registration period may file a hearing request to the Superintendent of Law Enforcement and Public Safety and request a formal determination of the issue under the Administrative Procedures Act. Appeals from Administrative Procedures Act hearings may be filed in the District Court.
006 REQUEST FOR HEARING ON APPLICIBILITY OR REQUEST FOR HEARING ON REDUCTION OF THE FIFTEEN YEAR REGISTRATION REQUIREMENT .
006.01 If a hearing is requested, it will be held pursuant to the Nebraska Administrative Procedures Act and the Nebraska State Patrol Title 272, Chapter 1, Rules and Regulations. The offender will specify through pleadings or at a prehearing conference what aspect of the registration requirements are being challenged.
006.01A Due to the sensitive nature of the evidence which may be presented, the hearings shall be closed.
006.01B Evidence presented by either party in the form of written exhibits shall have the name(s) of the victim(s) redacted to ensure confidentiality. Exhibits will display the first and last initials of the victim(s) in any location where the name has been redacted. During testimony, the victim(s) will be referred to by first and last initials only.
006.01C The scope of the hearing for applicability will include a review of the information used in making the determination. The scope of the hearing for reduction of the fifteen (15) year registration period will include a review of the registrant’s criminal history, periods of supervised release, probation, parole and information concerning appropriate sex offender treatment.
006.01D Persons required to register for fifteen (15) years who request a hearing for reduction of the registration duration can only make such request once a year following the completion of ten (10) years of the registration period.
006.01E The State has the burden of going forward with evidence.
006.01F A decision will be made by the Superintendent within fifteen (15) working days of the hearing.
006.01G Appeals from the Superintendent’s decision shall be filed in the District Court of Lancaster County, in accordance with the procedures set forth in the Nebraska Administrative Procedures Act.
006.02 The Superintendent of the Nebraska State Patrol may delegate to a hearing officer the functions of conducting prehearing conferences and hearings, and submitting a recommended decision. The Hearing Officer has the duty to conduct full, fair and impartial hearings, to take appropriate action to avoid unnecessary delay in the disposition of the proceeding, and to maintain order. Hearing Officers will have the following powers:
006.02A To administer oaths and affirmations;
006.02B To issue subpoenas as authorized;
006.02C To compel discovery and to impose appropriate sanctions pursuant to the Nebraska Supreme Court Rules for failure to make discovery;
006.02D To rule upon offers of proof and receive relevant, competent and probative evidence;
006.02E To regulate the course of the proceedings in the conduct of the parties and their representatives;
006.02F To hold prehearing conferences for simplification of the issues, settlement of the proceedings, or any other proper purposes;
006.02G To consider and rule orally or in writing, upon all motions appropriate in adjudicative proceedings;
006.02H To fix the time for holding the record open for additional evidence or for submission of briefs;
006.02I To exclude people from the hearing;
006.02J To issue recommended decisions, rulings, and orders, as appropriate;
006.02K To receive exhibits and testimony so as to ensure a complete and accurate record in all hearings, including those where the agency is not represented by counsel;
006.02L To consider any relevant and probative evidence offered;
006.02M To take any other action consistent with the purpose of the law.
006.03 The hearing officer may, in his or her discretion, grant extensions of time or continuances of hearings upon the hearing officer's own motion or at the timely request of any party for good cause shown. A party will file a written motion for continuance within five (5) working days of the scheduled hearing or pre-hearing conference, which states in detail the reasons why a continuance is necessary and serve a copy of the motion on all other parties.
006.03A Good cause may include, but is not limited to, the following:
006.03A1 Illness of the party, legal counsel or witness;
006.03A2 A change in legal representation; or
006.03A3 Pending written stipulations by either party in preparation for resolution without hearing.
006.04 In the event the Petitioner fails to appear for a pre-hearing conference or hearing, a default disposition will be entered into the record in conformance with the Administrative Procedure Act. A default disposition will result in the Nebraska State Patrol’s Administrative determination of the issue becoming the basis for the final order.
007 NOTIFICATION OF REGISTRATION REQUIREMENTS
007.01 Neb. Rev. Stat §29-4007 requires sentencing courts to provide written NOTIFICATION OF REGISTRATION RESPONSIBILITIES at the time of sentencing to persons having pleaded guilty or been found guilty of one of the listed offenses. All written notification as provided in this sub-section will be on a form approved by the Attorney General. It will include information about the reporting requirements imposed by statute should the defendant move within the same county, to another county, to another state, or cease to have a residence or temporary domicile or habitual living location. It will also include notification about the reporting requirements should the defendant work at or attend a postsecondary educational institution or go to another state to work or attend school. The notice will inform the defendant that fingerprints, palm prints, a DNA sample if not previously collected, and photograph will be obtained by any registering entity. It will inform the defendant of registry and verification locations as well as requirements necessary to apply for a reduction of registration time, if eligible. The notification will be signed by the person and a copy of the signed notification, the judgment and sentence, the information or amended information and the journal entry of the court will be provided to the County Attorney, the Nebraska State Patrol, the Sheriff in the county listed as the offender’s future domicile, and the defendant. The court will retain a copy of the signed notification form and the supporting information, if any, pertaining to a determination that the offender is a sexually violent predator.
007.02 The Department of Correctional Services or a city or county correctional or jail facility will provide written NOTIFICATION OF REGISTRATION RESPONSIBILITIES to any person committed to its custody for a listed offense. The notification form will contain the same information as that used by the courts as specified in section 007.01 of these regulations above and § 29-4006. All written notification as provided in this sub-section will be on a form approved by the Attorney General. The notification will be read and signed by the person prior to his or her release. A signed copy of the notification will be retained by the facility and another provided to the Nebraska State Patrol and to the person provided the notification. A copy will also be provided to the Sheriff in the county listed as the offender’s future domicile unless it is outside of the state of Nebraska.
007.03 The Department of Motor Vehicles will place a notice on all motor vehicle operator license applications starting January 1, 1997 which will inform applicants of the duty to register. Such notice will be in a form approved by the Attorney General.
007.04 The Nebraska State Patrol Sex Offender Registry division will provide and mail notification of the duty to register to persons who must register in Nebraska based on a requirement to register in another state, territory, commonwealth, or other jurisdiction of the United States or who must register in Nebraska due to conviction for a substantially equivalent offense. The form must be signed, dated and returned to the Nebraska State Patrol. The ultimate responsibility for registration lies with the Sex Offender to register within three (3) days of their arrival in the State.
007.05 Refusal to sign the notification form by a person required to register under the Act is a violation of the Act. Violations of the Act and of these regulations may subject the person to criminal prosecution as specified in Sections 014.03 and 014.04 of these regulations. If a person receiving a notification form refuses to sign the form that fact will be noted on the form by the individual providing the notification. Copies will be made available as specified above.
007.06 Personnel for the Nebraska State Patrol will have access to all documents that are generated by any governmental agency that may have a bearing on the determination of the appropriate registration period for the defendant. This may include but, is not limited to, law enforcement reports, presentence reports, criminal histories, birth certificate or death certificates. The Nebraska State Patrol will not be charged for access to such documents.
008 REGISTRATION PROCEDURE
008.01 Any person subject to the Sex Offender Registration Act, after receiving the Notification of Registration Responsibilities from the court, corrections, or the Sex Offender Registry, will register within three (3) working days after becoming subject to the Act at a location designated by the Nebraska State Patrol for purposes of accepting such registration.
008.02 Upon receipt of the registration and after confirmation of the registry requirement, the Sex Offender Registration and Community Notification Division of the Nebraska State Patrol will notify the person by certified mail of his or her registration duration and verification schedule.
008.03 Any person required to register under the Act who is residing, has a temporary domicile, or is habitually living in another state, and is employed, carries on a vocation, or attends school in this state, will report and register, in person, with the Sheriff of the county in which he or she is employed, carries on a vocation, or attends school in this state and complete a form as prescribed by the Nebraska State Patrol for such purpose, within three (3) working days after becoming employed, carrying on a vocation or attending school. In certain circumstances persons may be required to register in more than one (1) county and more than one (1) state at the same time.
008.04 Each registering entity will forward all written information, photographs, palm prints and fingerprints obtained pursuant to the Act to the Nebraska State Patrol on the day it is received and in a manner prescribed by the Nebraska State Patrol for such purpose. The information will be forwarded on forms furnished by the Nebraska State Patrol. The Nebraska State Patrol will maintain a central registry of sex offenders required to register under the Act. Any collected DNA samples shall be forwarded to the State DNA Database.
008.05 A person placed on supervised release, probation or parole is required to register prior to release by the court or confinement facility and must remain registered during the period of supervised release, probation or parole and for a period of time as provided by statute, after discharge from supervised release, probation or parole unless he or she is required to register for life as set forth in section 003.07C of these regulations.
008.06 Registration will be on a form approved by the Nebraska State Patrol. The form shall include the following information:
008.06A Full legal name and all aliases the person has ever used or by which he or she has been known;
008.06B The person’s date of birth and any alias dates of birth;
008.06C The person’s social security number;
008.06D The address of each residence at which the person resides, has a temporary domicile, has a habitual living location, or will reside;
008.06E The name and address of any place where the person is an employee or will be an employee, including work locations with multiple worksites;
008.06F The name and address of any place where the person is a student or will be a student;
008.06G The license plate number and a description of any vehicle owned or operated by the person and its regular storage location;
008.06H The person’s motor vehicle operator’s license number, including the person’s valid motor vehicle operator’s license or state identification card submitted for photocopying;
008.06I The person’s original travel and immigration documents submitted for photocopying;
008.06J The person’s original professional licenses or certificates submitted for photocopying;
008.06K The person’s telephone numbers;
008.06L A physical description of the person;
008.06M A digital link to the text of the provision of law defining the criminal offense or offenses for which the person is registered under the Act;
008.06N Access to the criminal history of the person, including the date of all arrests and convictions, the status of parole, probation, or supervised release, registration status, and the existence of any outstanding arrest warrants for the person;
008.06O A current photograph of the person;
008.06P A set of fingerprints and palm prints of the person;
008.06Q A DNA sample of the person.
008.07 Prior registrations. If the person has been registered as a Sex Offender in another state, the dates and jurisdiction as well as nature of the registration (such as Violent Sexual Predator or prior lifetime registration) must be shown.
008.08 A copy of the parole or probation orders issued to the registering offender, if any, are to be included with the form.
008.09 All forms must be signed and dated by the offender who is registering or providing a change in information as well as signed and dated by the agent completing the registration. Offenders should produce photo identification or some positive form of identification to help ensure that the individual is providing accurate information.
008.10 Each registering agent will forward the following information pertaining to sex offender registrations to the Nebraska State Patrol on the day it is received and in a manner prescribed by the Nebraska State Patrol:
008.10A All written information including the registration form, a copy of the Notification of Registration Responsibilities form signed by the registrant, a copy of any parole or probation orders issued to the offender.
008.10B Photographs. A new photograph of the person is to be taken for submission with the original registration or verification. Old file photos will not suffice but may be included with a current color photograph. Photos may be submitted electronically.
008.10C Prints. Two (2) new sets of fingerprints will be obtained from the individual registering on an FBI fingerprint card, also known as a 10 Print Card. Palm prints will also be obtained.
008.10D A DNA sample will be taken if it has not previously been taken for the registry.
008.11 The Nebraska State Patrol will maintain a central registry of sex offenders required to register pursuant to statute. The State Patrol shall enter Sex Offender Registry data into the National Sex Offender Registry File in NCIC within three (3) days.
009 REGISTRATION FEES
009.01 Persons registering under this Act may not be charged a fee for registering or for the fingerprints and photographs required for registering.
009.02 Each governmental entity having responsibilities under the Act or these regulations will be responsible for the costs incurred in performing their required duties.
010 CHANGE OF INFORMATION
010.01 Any person required to register under the Act will inform the Sheriff of the county in which he or she resides, in person, and complete a form as prescribed by the Nebraska State Patrol for such purpose if they have a new address, temporary domicile, or habitual living location within the same county, within three (3) working days before the change. The Sheriff will submit such information to the Nebraska State Patrol on the day it is received and in a manner prescribed by the Nebraska State Patrol for such purpose.
010.02 Any person required to register under the Act will inform the Sheriff of the county in which they reside, in person, and complete a form as prescribed by the Nebraska State Patrol for such purpose, if they have a new address, temporary domicile, or habitual living location in a different county in this state, within three (3) working days before the address change. The Sheriff will submit such information to the Sex Offender Registration and Community Notification Division of the Nebraska State Patrol on the day it is received and in a manner as prescribed by the Nebraska State Patrol for such purpose. If the change in address, temporary domicile, or habitual living location is to a location within the State of Nebraska, the division will notify the Sheriff of each affected county of the new address, temporary domicile, or habitual living location, within three (3) working days. The person will report to the county Sheriff of his or her new county of residence and register with such county Sheriff within three (3) working days after the address change.
010.03 Any person required to register under the Act will inform the Sheriff of the county in which they reside, in person, and complete a form as prescribed by the Nebraska State Patrol for such purpose, if he or she moves to a new out-of-state address, within three (3) working days before the address change. The Sheriff will submit such information to the Nebraska State Patrol on the day it is received and in a manner as prescribed by the Nebraska State Patrol for such purpose. If the change in address, temporary domicile, or habitual living location is to a location outside of the State of Nebraska, the division shall notify the Sheriff of each affected county in Nebraska and the other states, countries, or territory’s central repository for sex offender registration of the new out-of-state address, temporary domicile, or habitual living location, within three (3) working days.
010.04 Any person required to register under the Act will notify the Sheriff of the county where they are employed, carries on a vocation or attends school, in person, of any changes in employment, vocation, or school of attendance, and complete a form as prescribed by the Nebraska State Patrol for such purpose, within three (3) working days after the change. The Sheriff will submit such information to the Nebraska State Patrol on the day it is received and in a manner as prescribed by the Nebraska State Patrol for such purpose.
010.05 Any person required to register or who is registered under the Act, but is incarcerated for more than three (3) working days, will inform the Sheriff of the county in which they are incarcerated, in writing, within three (3) working days after incarceration, of their incarceration and their expected release date, if any such date is available. The Sheriff shall forward the information regarding incarceration to the Nebraska State Patrol immediately on the day on which it was received and in a manner prescribed by the Nebraska State Patrol for such purpose.
010.06 Any person required to register, or who is registered under the Act, who no longer has a residence, temporary domicile, or habitual living location will report such change in person to the Sheriff of the county in which they are located and complete a form as prescribed by the Nebraska State Patrol for such purpose, within three (3) working days after such change in residence, temporary domicile, or habitual living location. Such person shall update their registration, in person, to the Sheriff of the county in which he or she is located, on a form approved by the Nebraska State Patrol at least once every thirty (30) calendar days during the time he or she remains without residence, temporary domicile, or habitual living location.
010.07 Any person required to register under the Act will, in person, inform the Sheriff of any legal change in name, within three (3) working days after such change and provide a copy of the legal documentation supporting the change in name and complete a form as prescribed by the Nebraska State Patrol for such purpose. The Sheriff will submit the information to the Sex Offender Registration and Community Notification Division of the Nebraska State Patrol, in writing, immediately after receipt of the information and in a manner prescribed by the Nebraska State Patrol for such purpose.
010.08 A complete new registration is not required if the Sheriff already has information on the registrant but the registrant must review the information already on file and update any information that is not current. A new photograph should be taken if the photograph on file is over one (1) year old or if the person’s appearance has changed.
010.09 The change of information form and re-registration requirements apply to permanent changes of address, change of temporary domicile, change of habitual living location, or transient status. The change of information will include notice to all places registered if the person is registered in more than one location because of working or attending school in a location different from one in which he or she resides.
010.10 Any person required to register who enters an inpatient treatment facility will sign a release of information form with the facility to allow law enforcement to verify their residency at the treatment facility.
011 POSTSECONDARY EDUCATIONAL INSTITUTION CONTACTS
011.01 A person who is required to register must notify the Sheriff of the county in which they reside in writing of each postsecondary educational institution at which they work, carry on a vocation, or attend school within three (3) working days of beginning the employment or attendance. A person residing outside of Nebraska who is required to register and works, carries on a vocation, or attends a postsecondary educational institution will notify the Sheriff of the county in which the educational institution is located and register within three (3) working days of beginning the employment or attendance. This requirement is to comply with the provisions of the Campus Sex Crimes Prevention Act and applies to all sex offenders attending postsecondary educational institutions as well as all persons working at a campus. The focus is on the offender’s presence at the campus for more than fourteen (14) consecutive days or for an aggregate period exceeding thirty (30) days in a calendar year rather than on any relationship with the institution. A sex offender who is gainfully employed by a private catering company but works on campus or even an unpaid volunteer for a charitable organization doing research at a campus library is included in this definition. This provision also requires a person who is incarcerated to register if he or she is attending classes on the campus of a postsecondary educational institution.
011.02 The registrant will notify the Sheriff or Sheriffs in writing of any change in this employment or attendance status within three (3) working days of the change.
011.03 Notice to the Sheriff of this contact with postsecondary educational institutions should be made on a form approved by the Nebraska State Patrol. This requirement is independent of and in addition to registration requirements. Having previously registered does not satisfy this requirement. The initial information can, however, be provided at the time of registration.
011.04 A Sheriff receiving a postsecondary educational institution contact notice or change of information form will forward the information to the Nebraska State Patrol on the day it is received and in a manner proscribed by the Nebraska State Patrol.
011.05 Within three (3) working days of receipt of any information or a change of status pertaining to a postsecondary educational institution, the Nebraska State Patrol will inform the law enforcement agency having responsibility for the campus where the institution is located. This notification shall go to the affected campus police, if any, or to the local law enforcement agency having jurisdiction where the institution is located.
012 VERIFICATION PROCEDURE
012.01 The person required to register shall appear in person for such verification at the office of the Sheriff of the county in which they reside, have a temporary domicile, or are habitually living for purposes of accepting verifications and shall have his or her photograph and fingerprints taken upon request of verification personnel. The verification schedule is as follows;
15 YEAR REGISTRANTS; A person required to register under the Act for fifteen (15) years will report every twelve (12) months in the month of his or her birth, in person, to the office of the Sheriff of the county in which they reside for purposes of accepting verifications, regardless of the original registration month. The Sheriff will submit such verification information to the Nebraska State Patrol on the day it is received and in a manner prescribed by the Nebraska State Patrol for such purpose.
25 YEAR REGISTRANTS; A person required to register under the Act for twenty-five (25) years will report, in person, every six (6) months to the office of the Sheriff of the county in which they reside for purposes of accepting verification. The person will report, in person, in the month of his or her birth and in the sixth (6th) month following the month of his or her birth, regardless of the original registration month. The Sheriff will submit such verification information to the Nebraska State Patrol on the day it is received and in a manner prescribed by the Nebraska State Patrol for such purpose.
LIFE; A person required to register under the Act for life will report, in person, every three (3) months to the office of the Sheriff of the county in which they reside for purposes of accepting verification. The person will report, in person, in the month of his or her birth and every three (3) months following the month of his or her birth, regardless of the original registration month. The Sheriff will submit such verification information to the Nebraska State Patrol on the day it is received and in a manner prescribed by the Nebraska State Patrol for such purpose.
012.01A The verification form will be signed by the person required to register under the Act and state whether the address last reported to the division is still correct.
012.01B If the person required to register under the Act fails to report in person as required in subsection 12.01 of this section, falsifies the registration or verification information or fails to provide timely updates to law enforcement of any of the information required to be provided by the Sex Offender Registration Act, the person will be in violation of this section of the Act.
012.01C Verification requirements of a person required to register under the Act will not apply during periods of such person’s incarceration or inpatient civil commitment. Verification will be resumed as soon as such person is placed on any type of supervised release, parole, probation, or outpatient civil commitment or is released from incarceration or civil commitment. Prior to any type of release from incarceration or inpatient civil commitment, the person will report a change of address, in writing, to the Sheriff of the county in which they are incarcerated and the Sheriff of the county in which they reside, have a temporary domicile, or have a habitual living location. The Sheriff will submit the change of address to the Nebraska State Patrol on the day it is received and in a manner prescribed by the Nebraska State Patrol for such purpose.
012.01D The requirement to verify addresses will not apply during periods in which the registrant is incarcerated but will resume as soon as the incarcerated person is placed on any type of supervised release, parole, or probation or is released from incarceration. Prior to release from incarceration the registrant will report a change of address to both the Sheriff in the county where they are incarcerated and the Sheriff in the county in which they reside or are temporarily domiciled. Each Sheriff will forward the change of address to the Nebraska State Patrol.
012.02 Any changes in registration information obtained by the Nebraska State Patrol through the verification procedure will be provided to the Sheriff in the affected county or counties.
013 ACCESS TO REGISTRY INFORMATION
013.01 Information will be disclosed to law enforcement agencies for law enforcement purposes. Registration information disclosed for law enforcement purposes will be treated as confidential by law enforcement agencies and will not be considered public record information.
013.02 Information on persons subject to Neb. Rev. Stat. §83-174.03 will be disclosed to the Office of Parole Administration.
013.03 Information concerning the address or whereabouts of the person required to register may be disclosed to the victim or victims of such person and parents or guardians of such victims upon the victim’s request for this information to the extent that such information is contained in the sex offender registry files. The status of a person as a victim will be documented by law enforcement before the release of such information.
013.04 The Nebraska State Patrol, any law enforcement agency, and any probation or parole officer may release relevant information that is necessary to protect the public concerning a specific person required to register, except that the identity of a victim will not be released.
013.05 Information concerning sex offenders will be released to law enforcement and the community using electronic systems.
013.06 Information obtained under the Sex Offender Registration Act that is confidential and will only be released upon written request to law enforcement agencies, including federal or state probation or parole agencies, if appropriate, are a sex offender’s social security number, references to arrests of a sex offender not resulting in a conviction, travel or immigration document information, telephone numbers, motor vehicle operator’s license information or state identification card number, the name of any employer.
013.07 Certain groups and agencies approved by the Nebraska Sex Offender Registry, will have access to additional public notification information (not provided on the web site) about registered sex offenders, upon written request to the Sex Offender Registry. Such information excludes confidential information as provided in section 013.06. Any agency that is responsible for conducting employment related background checks under section 3 of the National Child Protection Act of 1993, 42 U.S.C. 5119a, any social service entity responsible for protecting minors in the child welfare system, any volunteer organization in which contact with minors or other vulnerable individuals might occur, any public housing agency in each area in which a registered sex offender resides or is an employee or a student, any governmental agency conducting confidential background checks for employment, volunteer, licensure, or certification purposes and any health care provider who serves children or vulnerable adults for the purpose of conducting confidential background checks for employment.
014 ENFORCEMENT OF VIOLATIONS OF THE ACT
014.01 Violations of the Act include: failure to register as required; failure to make proper notification of changes to any information provided to the Sex Offender Registry; failure to sign the notification form provided by the Nebraska Sex Offender Registry, the court, the County Treasurer, the Department of Correctional Services, or the Department of Motor Vehicles; failure to appear for verification within the prescribed time limits; and providing false information on the registration or verification forms. Only persons required to register under the Act can be prosecuted for violation of the Act.
014.02 Any period during which a person knowingly or willfully fails to comply with registration requirements as set out in Neb. Rev. Stat. §29-4005 will extend the registration end date. The Nebraska State Patrol will calculate this time, day for day from the first day the person is verified to be out of compliance until they become compliant with registry requirements. This amount of time will be added to the date on which registration requirements are satisfied if the registration is for a period less than lifetime.
014.03 Any person required to register under the Sex Offender Registration Act who violates the Act can receive penalties as prescribed in Neb. Rev. Stat. §29-4011.
014.04 A violation of these regulations is an infraction as set forth in Neb. Rev. Stat. §29-431. The penalty set out in Neb. Rev. Stat. §29-436 is a fine of $100 for the first offense and up to a fine of $500 for subsequent offenses. Persons who are required to register under the Act can be prosecuted for violation of the regulations.
014.05 Any law enforcement agency with jurisdiction in the area in which a person resides, has a temporary domicile, maintains a habitual living location, is employed, carries on a vocation, or attends school will investigate and enforce violations of the Sex Offender Registration Act.
014.06 At any time that a person required to register under the Act violates the registry requirements and cannot be located, the registry information will reflect that the person has absconded, a warrant shall be sought for the person’s arrest, and the United States Marshal’s Service shall be notified.
History
- Effective 2021-07-04
Chapter 20 Procedures for the Collection, Transportation, Storage, and Analysis of Samples for the Purpose of the Dna Database
Neb. Admin. Code tit. 272, ch. 20 Procedures for the Collection, Transportation, Storage, and Analysis of Samples for the Purpose of the Dna Database {#sec-272-nac-20 omnilex-key=us-ne-regs-official--title-272--272 NAC 20}
000 Definitions and abbreviations
000.01 "NSP" as used in this chapter means Nebraska State Patrol
000.02 "NSPCL" as used in this chapter means Nebraska State Patrol Crime Lab
001 Availability of DNA Collection Kits
001.01 Authorized collection agencies may contact the NSPCL to obtain DNA collection kits free of charge.
002 Person Subject to DNA Sample Collection; Payment of Costs
002.01 Persons who are subject to DNA sample collection for the State DNA Sample Bank are defined in Neb. Rev. Stat. §29-4106.
002.02 The cost associated with the collection of a DNA sample is set by the NSP.
002.03 Costs collected will be remitted to the NSP Accounting Division for credit to the State DNA Sample and Data Base Fund.
003 Collection of Database DNA Samples
003.01 DNA samples will be accepted by the NSPCL for inclusion in the DNA Database. The samples will be collected pursuant to Neb. Rev. Stat. §29-4106.01 and §29-4107.
003.02 To ensure the integrity of the DNA samples collected, the following collection procedures will be followed:
003.02A Only one offender will be permitted into the collection area at any one time.
003.02B Open the collection kit and follow the instructions provided for proper DNA sample collection.
003.02C Blood samples should be refrigerated until they are transported to the NSPCL. If the blood samples are not hand delivered to the NSPCL, it is recommended that an overnight mail service be used. Buccal cell samples may be stored at room temperature. Because the NSPCL is not staffed on weekends or state holidays, careful planning on when DNA samples are collected is necessary to ensure timely deliveries pursuant to Neb. Rev. Stat. §29-4107(2).
004 DNA Database Sample Handling
004.01 The NSPCL is responsible for receiving, logging, handling, and tracking all DNA samples and related records intended for the DNA Database.
004.01A Information from the DNA Database collection card will be logged into the Laboratory Information Management System (LIMS) and each sample will be given a unique identifier.
004.01B Buccal cell samples will be stored at room temperature in a secure location. Blood samples will be stored in the refrigerator until they are spotted on FT A paper. Once the blood samples have been spotted, the FTA paper will be stored at room temperature in a secure location and the liquid blood sample destroyed.
004.01C In the event of a Combined DNA Index System (COD IS) hit, the fingerprint provided with the DNA sample will be verified.
004.01D If it is necessary to request a re-collection of either a blood or buccal cell sample, this information will be documented. It is not the responsibility of the NSPCL to ensure that recollection is accomplished.
005 Sample Analysis by the NSPCL
005.01 The NSPCL will analyze the samples in accordance with the Federal DNA Identification Act of 1994, the FBI Quality Assurance Standards for DNA Databasing Laboratories, the NDIS Operational Procedures, and current NSPCL policies and procedures.
006 Sample Analysis by a Contract Laboratory
006.01 DNA samples may be analyzed by a Contract Laboratory in accordance with the DNA Identification Act of 1994, the FBI Quality Assurance Standards for DNA Databasing Laboratories, NDIS Operational Procedures, and current NSPCL policies and procedures.
007 Confidentiality of DNA Samples and DNA Records
007.01 DNA samples and/or records contained in the Nebraska State DNA Database will be confidential except as otherwise specified in the DNA Identification Act of 1994, the NDIS Operational Procedures, and current NSPCL policies and procedures.
007.02 The identity of the requestor will be verified prior to the release of database samples, records, and/or information.
007.03 Recipients of DNA samples and/or records will enter into a written agreement with the NSPCL averring to comply with the procedures governing the expungement of DNA records and samples.
008 Expungement of DNA Records from the Combined DNA Index System
008.01 Upon receipt of a written request for expungement pursuant to Neb. Rev. Stat. §29-4109 and a certified copy of the final court order reversing and dismissing the conviction, or other documentation from individuals authorized to direct such expungement, the NSPCL will purge all DNA records in CODIS pertaining to the person and destroy all DNA samples from the person.
008.02 The State CODIS Administrator or their designee, will perform the expungement process and submit the proper notifications pursuant to Neb. Rev. Stat. §29-4109, the NDIS Operational Procedures, and current NSPCL policies and procedures.
008.03 Upon receipt of NSPCL notification of expungement:
008.03(A) Recipients of DNA records and samples will comply with the expungement provisions with 10 calendar days of receipt of such notice that expungement has been granted. Recipients will certify in writing to NSPCL that such compliance has been effectuated.
History
- Effective 2022-07-10
Chapter 21 Concealed Handgun Permits
Neb. Admin. Code tit. 272, ch. 21 Concealed Handgun Permits {#sec-272-nac-21 omnilex-key=us-ne-regs-official--title-272--272 NAC 21}
001 SCOPE AND PURPOSE
001.01 These regulations are to implement the Concealed Handgun Permit Act pursuant to Neb. Rev. Stat. §§ 69-2432 and 69-2446. The purpose of this act is to provide for Concealed Handgun Permits for those applicants who meet the requirements of the Act.
002 DEFINITIONS
002.01 "Calendar days" mean the total number of days counted from a calendar including weekends and holidays.
002.02 "CID" means the Criminal Identification Division of the NSP.
002.03 "Concealed handgun" is defined by Neb. Rev. Stat. § 69-2429(1).
002.04 "Firing Range" means a location operated and maintained for public or private shooting sports and designed to keep fired rounds within the range by use of a berm or backstop.
002.05 "Handgun" is defined by Neb. Rev. Stat. § 69-2429(3).
002.06 "Misdemeanor crime of violence" means any misdemeanor conviction under the laws of this state that has as an element, the use or attempted use of physical force against another person, or the threatened use of a deadly weapon or deadly force. A "misdemeanor crime of violence" includes but is not limited to:
(1) A misdemeanor conviction for an attempted felony offense that is a crime of violence or for being an accessory to a felony that is a crime of violence; or
(2) A conviction under any of the following Neb. Rev. Stat.: assault in the third degree under § 28-310; stalking under subsection (1) of § 28-311.04; third degree sexual assault under subsection 28-320 (3); first offense domestic assault in the third degree under subsection (1) of section 28-323; false imprisonment in the second degree under § 28-315; or any attempt or conspiracy to commit one of these offenses; or
(3) any conviction from another jurisdiction that is equivalent to one of the above offenses or meets the definition of a misdemeanor crime of violence.
002.07 "Nebraska State Patrol" or "Patrol" means the Nebraska State Patrol Concealed Handgun Permit Program when used in these regulations. The address for this program is P.O. Box 94907, Lincoln, Nebraska 68509. Any mail or documents sent to this address should be clearly marked for the Concealed Handgun Permit Program.
002.08 "Permit" means a Concealed Handgun Permit. The Permit is the property of the Patrol.
002.09 "Property damage" means a loss or harm to either real or personal property having some value to the owner. It does not include minor incidental damage caused by a firearm discharge.
002.10 "Peace officer" is defined by Neb. Rev. Stat.§ 49-801 (15).
002.11 "Posted conspicuous notice" means a clearly visible sign posted at each public entrance to a place or premises open to the public which indicates that concealed handguns are not allowed in the place or on the premises. A recommended format for the sign can be found in these regulations.
002.12 "Readily discernible physical infirmity" means a visible physical impairment which interferes with the safe handling of a handgun. A person with an apparent impairment will be given the opportunity to demonstrate competency for safe handling during the training program and will not be disqualified if the apparent impairment does not result in unsafe handling of the firearm.
002.13 "Renewed permit" means a five year extension of a permit issued to a permit holder who applies for the extension of the permit within the four (4) months preceding the expiration of the initial permit.
002.14 "Resident" means a person who has been a resident of this state for at least one hundred eighty days. This does not include an applicant who maintains a residence in another state and claims that residence for voting or tax purposes;
002.15 "United States Armed Forces member" means personnel of the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, and members of the National Guard on active duty assignment with one of the active services. It does not include members of inactive or reserve units.
002.16 "Weapon" means any revolver, pistol, bowie knife, dirk or knife, brass or iron knuckles, and all other deadly weapons.
002.17 "Working days" mean days in which state offices are open for business, excluding weekends and holidays recognized by the State of Nebraska.
003 NON-RESIDENTS
003.01 Non-residents of the State of Nebraska are not eligible to hold or apply for a Nebraska permit.
004 RECIPROCITY WITH OTHER STATES
004.01 Permits issued by other states or the District of Columbia to persons who are not residents of Nebraska will be recognized as valid in Nebraska if they are on the list maintained and published by the Nebraska Attorney General as jurisdictions using standards which are equal to or greater than those in effect in Nebraska.
004.02 Nebraska issued permits will not automatically be recognized in all states on the list of permits honored in Nebraska.
005 PERMIT ELIGIBILITY
005.01 An applicant will meet and maintain the following requirements:
005.01A Be at least twenty-one (21) years of age;
005.01B Not be prohibited from purchasing or possessing a handgun by federal law under 18 U.S.C. 922. Verification of this requirement requires clearance from the National Instant Criminal Background Check System (NICS);
005.01C Not be prohibited from purchasing or possessing a handgun under state, tribal, or local laws.
005.01D Possess the eyesight necessary for a Class "O" operator's license as evidenced by a valid driver's license issued by the State of Nebraska or a driver's license issued by any other U.S. state or territory that includes a vision test, or a comparable vision exam;
005.01E Not have been convicted of a felony in any jurisdiction;
005.01F Not have been convicted of a misdemeanor crime of violence in any jurisdiction within the ten (10) years preceding the application.
005.01G Not currently be adjudged mentally incompetent or have been found to be mentally ill and dangerous in the previous ten (10) years. This prohibitor does not include a person in a mental institution for observation or evaluation such as emergency protective custody (EPC) nor a voluntary admission to a mental institution. (Federal law has no time restrictions for this disqualification, see 18 U.S.C. 922);
005.01H Be a current resident of the State of Nebraska and comply with one of the following:
(1) Have been a resident of the State of Nebraska for at least the past one hundred eighty (180) days, or
(2) Be a member, the spouse of a member, or someone receiving the benefits of a spouse of a member of the United States Armed Forces stationed at a military installation in Nebraska pursuant to permanent duty station orders, even though he or she has not resided in the State of Nebraska for one hundred and eighty (180) days and he or she maintains a residence in another state, or
(3) Moved to Nebraska from another state and possess a valid permit to carry a concealed handgun issued by his or her previous state of residence that is recognized by the State of Nebraska pursuant to Neb. Rev. § 69-2448, even though he or she has not resided in the State of Nebraska for one hundred and eighty (180) days.
005.01I Not have been convicted of violating any law of this state relating to firearms or unlawful use of a weapon, or of any similar law of another jurisdiction within the ten (I 0) years preceding the date of application. This subdivision does not apply to any conviction under Neb. Rev. Stat. Chapter 37 or under any similar law of another jurisdiction, except convictions for: Hunting from Aircraft (Neb. Rev. Stat. § 37-509), Shooting at Wildlife from a Highway or Roadway (Neb. Rev. Stat. § 37-513), or Shotgun on Highway (Neb. Rev. Stat. § 37-522), or under any similar law of another jurisdiction;
005.01J Not have been convicted of violating any laws of this state relating to controlled substances or of any similar law of another jurisdiction within the ten (10) years preceding the date of application;
005.01K Not currently be on parole, probation, house arrest, or work release for any type of offense of any degree. This disqualification does not include pre-trial diversion unless it is from a jurisdiction which requires the offender to enter a guilty plea before diversion;
005.01L Be a citizen or a lawful permanent resident of the United States; and
005.01M Provide proof of training.
006 APPLICATION PROCESS
006.01 Any person wishing to apply for a permit to carry a concealed handgun will apply to the Patrol at the CID office in Lincoln or at any Troop Area Headquarters outside of Lincoln. Locations will be posted on the Patrol website at http://www.statepatrol.nebraska.gov/.
006.02 Applicants will present a completed application form in person at the Patrol office designated for taking permit applications. Applicants will submit the following at the time of application:
006.02A the application form;
006.02B proof of training;
006.02C proof of vision;
006.02D proof of identification;
006.02E proof of citizenship;
006.02F proof of address;
006.02G a signature;
006.02H the applicable fee; and
006.02I proof of a legal name change, if the name on the application does not match the applicant's name on his or her birth certificate.
006.03 At the time of application, applicants will:
006.03A submit to a fingerprint scan or two sets of legible fingerprints;
006.03B submit to a photograph; and
006.03C provide an electronic signature, if applying online.
006.04 Completed applications will be transmitted to the Patrol CID in Lincoln for processing and permit issuance.
006.05 An application form which is not complete or legible will not be processed. A notice of deficiency will be mailed to the applicant who will have five (5) calendar days to submit information or documents to correct the deficiency. If the deficiency is not corrected within this time period, the application will be returned to the applicant who may reapply.
007 REQUIRED DOCUMENTATION
007.01 Identification - The applicant will be required to provide a current Nebraska motor vehicle operator's license, a Nebraska identification card issued by the Nebraska Department of Motor Vehicles, or a current military identification card.
007.02 Vision - The applicant may show compliance with the vision requirements by presenting a current Nebraska motor vehicle operator's license or a current driver's license issued by any other U.S. state or territory that includes a vision test, or a current statement by a Nebraska licensed ophthalmologist or optometrist certifying that the applicant has been tested and meets the vision requirements prescribed for a Class "O" operator's license (Neb. Rev. Stat. § 60-4,118).
007.03 Citizenship - Applicants are required to be a citizen or a lawful permanent resident of the United States. Proof of citizenship can be an original or certified copy of a birth certificate showing birth in the United States, a copy of naturalization papers, a Certificate of Citizenship issued by the United States Immigration authorities, permanent resident card, Consular Report of Birth Abroad, or a current or expired United States passport.
007.04 Photograph - A color photograph required for the permit will be taken by the Patrol and will meet the same standard as the Nebraska Department of Motor Vehicles. The photograph will display the full, front head and facial features of the applicant who will not wear sunglasses or attire that obscures a feature of the applicant's face.
007.05 Fingerprints - Fingerprints of the applicant will be obtained at the time of application by utilizing the LiveScan equipment of the Patrol Automated Fingerprint Identification System (AFIS) if that equipment is available at the application site. If LiveScan equipment is not available, the applicant will be fingerprinted on two legible fingerprint cards.
007.06 Training - The applicant may show compliance with the training requirement by providing either the original or a certified copy of a certificate of completion of a Handgun Training and Safety Course approved by the Patrol or a qualifying military training course. An applicant for a permit who is a Handgun Training and Safety Course certified instructor and who has taught the course, may sign their own certificate of completion of training without attending a class taught by another instructor.
007.07 Military Orders - Members of the United States Armed Forces who need to establish residency as specified in § 005.01H of these regulations will provide a copy of their permanent duty station orders.
008 PERMIT ISSUANCE PROCESS
008.01 Once the application for a permit is complete and all accompanying documentation is submitted, a permit will be issued to the applicant by the Patrol within forty-five (45) calendar days, so long as the record check reveals no disqualifying information and the applicant meets all of the requirements of the Act and these regulations.
008.02 If the applicant does not meet the qualifications, they will be notified by mail indicating the reason for the denial. Applicants who are charged with or under indictment for a crime that would be a disqualification under the Act, if convicted, will have their applications held pending resolution of the criminal charges, at which time the application will be granted or denied.
009 FEES FOR PERMITS
009.01 The fees for permit issuance are as follows:
Permit - $100
Permit renewal - $50
009.02 All fees will be paid with the application in cash or check made payable to the Nebraska State Patrol, or by e-check, debit or credit cards, or any other payment method approved by the Patrol.
009.03 If a permit is not issued to the applicant, the permit application fee will be refunded to the applicant less the current charge for the required state and federal criminal history record check. State of Nebraska rules require a social security number to issue a refund.
009.04 Any fees charged by a person or entity conducting instruction in the required Handgun Training and Safety Course are the responsibility of the applicant and are not included in the fees listed above.
010 RENEWAL OF PERMITS
010.01 Permit holders may renew a permit to carry a concealed handgun within the four (4) months prior to expiration of the initial permit. This may be done online or at any Patrol Troop Headquarters or office listed by the Patrol as accepting permit applications.
010.02 An application for renewal will be completed by the permit holder affirming that they still meet all current requirements for obtaining a permit. The application will be accompanied by the appropriate fee. All applications for renewal will be cleared through the National Instant Criminal Background Check System (NICS) to confirm continuing compliance with statutory requirements.
010.03 A permit holder whose permit becomes ineligible to renew is required to apply for another initial permit and meet all the requirements for an initial permit.
010.04 A permit holder's application for renewal will not be denied based on their first conviction for carrying concealed in a prohibited location (in violation of Neb. Rev. Stat. § 69-2441) that did not occur on property owned by the State of Nebraska or any political subdivision of the State of Nebraska, but their application for renewal may be denied for any second or subsequent such offense.
010.05 An online renewal will cost $50 plus a service fee and will require a credit card, debit card, or e-check. When renewing online, the Patrol may substitute on the renewal permit, a photograph of the applicant obtained from the Nebraska Department of Motor Vehicles. The Patrol may require an applicant to apply for a renewal in person at one of its offices if their most recent photograph is ten (10) years old or older, if there is an issue regarding their identity or criminal history, or if there is an issue regarding the information provided in or with the application.
011 REVOCATION OF PERMITS
011.01 Refer to Neb. Rev. Stat. § 69-2439.
011.02 A permit will not be revoked based on the permit holder's first conviction for carrying concealed in a prohibited location (in violation of Neb. Rev. Stat. § 69-2441) that did not occur on property owned by the State of Nebraska or any political subdivision of the State of Nebraska, but a permit may be revoked for any second or subsequent such offense.
012 RIGHTS OF PERSONS DENIED PERMITS
012.01 Persons denied a permit by the Patrol may file a request for an administrative due process hearing to review the denial. A request will be considered timely filed if placed in the United States mail with sufficient postage, properly addressed to the Nebraska State Patrol, Concealed Handgun Permit Program, P.O. Box 94907, Lincoln, Nebraska 68509 within fourteen (14) working days of the mailing of the denial letter to the applicant. No administrative hearing will be afforded applicants who fail to timely file an appeal of the Patrol's denial of a permit.
012.02 If a hearing is held, it will be conducted in accordance with the Nebraska Administrative Procedures Act and the Patrol Rules and Regulations under Title 272 NAC Chapter 1. The petitioner (applicant) will specify through pleadings or at a prehearing conference the basis for the appeal.
012.03 The scope of the hearing will include a review of the application information.
012.04 The Patrol has the burden of proceeding with evidence to show why the application was denied.
012.05 A decision will be made by the Superintendent within fifteen (15) working days of the hearing.
012.06 Appeals from the Superintendent's decision may be filed pursuant to Neb. Rev. Stat. § 69-2430.
012.07 No hearing will be afforded applicants who failed to successfully complete an approved training program.
012.08 Any person initially denied a permit because of failure to submit proper documentation may contact the CID to see if the deficiencies can be corrected.
012.09 Any person denied a permit based on the applicant's Nebraska criminal history information which they believe to be erroneous may contact the CID to challenge the criminal history information per Neb. Rev. Stat. § 29-3525.
012.10 The Superintendent of the Patrol may assign a hearing officer to conduct prehearing conferences and hearings and submit a recommended decision. The hearing officer will follow the rules of procedure as found in 272 NAC 1.
012.11 ln the event the Petitioner fails to appear for a hearing, a default disposition will be entered into the record upholding the decision of the Patrol.
013 CHANGE OF NAME OR ADDRESS OF PERMIT HOLDER
013.01 Permit holders who change their name or address are required to notify the Patrol Concealed Handgun Permit Program in writing within thirty (30) days of the change in name or address using the form prescribed by the Patrol.
013.02 A permit holder may obtain a replacement permit by returning the current permit to the Patrol Concealed Handgun Permit Program and submitting an application for a replacement permit. If the applicant still meets the requirements for a permit, the Patrol will issue a replacement permit with the same expiration date as the initial or renewed permit.
013.03 A permit holder may request to pick up the replacement permit in person or have it mailed.
013.04 A permit holder moving to another state will return the permit to the Patrol Concealed Handgun Permit Program for cancellation. The permit is not valid if the permit holder is no longer a resident of Nebraska.
013.05 A permit holder may apply online for a replacement permit. The Patrol may substitute a photograph of the applicant obtained from the Nebraska Department of Motor Vehicles. The Patrol may require an applicant for a replacement permit to apply in person at one of its offices.
014 LOST, STOLEN OR DAMAGED PERMITS
014.01 A permit holder whose permit is lost, stolen, or damaged will notify the Patrol in writing within ten (10) days of determining that the permit is lost, stolen, or damaged. When notified of a lost, stolen, or damaged permit, the Patrol will cancel the permit. The permit holder will not carry a concealed handgun until the Patrol issues a replacement permit.
014.02 A permit holder may obtain a replacement permit by submitting application for replacement using the form prescribed by the Patrol. The replacement form will require a statement about the facts and circumstances surrounding the "lost, stolen or damaged" permit. If the applicant still meets the requirements for a permit, the Patrol will issue a replacement permit that will have the same expiration date as the initial or renewed permit.
014.03 A permit holder whose permit is damaged may return the damaged permit to the Patrol with an application for a replacement permit.
014.04 If a peace officer seizes a pe1mit as evidence of a violation for a criminal case or a revocation proceeding, the officer will notify the Patrol immediately so that the permit will not be replaced as lost or stolen. A form for this purpose will be available on the Patrol website.
014.05 A permit holder whose permit has been lost, stolen or damaged may apply online for a replacement permit. The Patrol may substitute a photograph of the applicant obtained from the Nebraska Department of Motor Vehicles. The Patrol may require an applicant who has had their permit lost, stolen or damaged to apply in person at one of its offices.
015 REAPPLICATION AFTER DENIAL OR REVOCATION
015.01 A new application for a permit to carry a concealed handgun will automatically be denied if received from an individual who has previously been denied a permit or whose permit has been revoked, unless the disqualification has been remedied. The applicant has the responsibility to document that the disqualification has been removed.
016 PROHIBITED PLACES AND PREMISES
016.01 A permit holder may carry a concealed handgun anywhere except;
016.01A Police, sheriff, or Patrol station or office;
016.01B Detention facility, prison, or jail;
016.01C Courtroom or building containing a courtroom;
016.01D Polling place during a bona fide election;
016.01E Meeting of the governing body of a county, public school district, municipality, or other political subdivision;
016.01F Meeting of the Legislature or a committee of the Legislature;
016.01G Financial institutions as defined by Neb. Rev. Stat.§ 8-101(12);
016.01H Professional or semi-professional athletic events;
016.01l School buildings, school grounds, school-owned vehicles, orschool-sponsored activity or athletic events of any public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in Neb. Rev. Stat. § 85-1603, a community college, or a public or private college, junior college, or university (see Neb. Rev. Stat. § 28-1204.04);
016.01J Place of worship;
016.01K Hospital, emergency room, or trauma center;
016.01L Political rally or fundraiser;
016.01M Establishment having a liquor license which derives over one-half of its income from the sale of alcoholic liquor;
016.01N Any other place or premises where the carrying or possession of a firearm is prohibited by state or federal law; or
016.01O Any place or premises or employer owned vehicle where those in control of the place, premises or vehicle have prohibited permit holders from carrying concealed handguns.
016.02 A financial institution, notwithstanding § 016.010 above, may authorize its security personnel to carry a concealed handgun while on duty so long as the security personnel have a concealed handgun permit and are in compliance with the law.
016.03 A place of worship, notwithstanding § 016.01J above, may authorize its security personnel to carry a concealed handgun on its property so long as the security personnel have a concealed handgun permit and are in compliance with the law. If security personnel are so authorized, written notice of such authorization will be given to the congregation and, if the property is leased, it may not be in violation of the terms of the property lease agreement between the place of worship and the lessor.
016.04 A person, entity, or employer in control of a place described in § 016.010 above, which is open to the public, may prohibit permit holders from carrying concealed handguns in the place by posting a conspicuous notice that carrying a concealed handgun is prohibited in or on the place or by making a request, directly or through an authorized representative or management personnel, that the permit holder remove the concealed handgun from the place.
016.05 State law does not mandate a specific requirement for a sign other than that it be conspicuously posted, however, the Patrol suggests that a standardized format be utilized. The standardized form should contain a four (4) inch circle with a slash covering a handgun and text giving notice that carrying a concealed handgun anywhere on the premises is prohibited. A form will be available on the Patrol's website which can be downloaded for printing. The Patrol also recommends that a place or premises wishing to prohibit concealed handguns post the sign at normal eye level at each public entrance to the place or premises. Normal eye level is considered to be between 54" and 66" from the floor.
016.06 Except as prohibited by federal law, a permit holder may carry a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area which is open to the public and used by any of the places or premises listed above if the handgun is not removed from the vehicle and the handgun is properly secured in the vehicle before the permit holder exits the vehicle. To be properly secured in the vehicle, the handgun will be locked inside the glove box, trunk or other compartment of the vehicle, in a storage box attached to the vehicle, or in a securely attached hardened compartment if the vehicle is a motorcycle.
016.07 Employers may prohibit employees or other persons who are permit holders from carrying concealed handguns in vehicles owned by the employer.
016.08 While state law does not mandate, the Patrol recommends that any establishment having a liquor license which derives over one-half of its income from the sale of alcoholic liquor post conspicuous notice of no concealed carry on the premises with the standardized sign.
017 OBLIGATIONS OF A PERMIT HOLDER
017.01 At all times while carrying a concealed handgun, a permit holder will carry the following documentation and display it to any peace officer or emergency service personnel upon request:
017.01A The concealed handgun permit; and
017.01B Nebraska driver's license, Nebraska-issued state identification card, or military identification card.
017.02 A permit holder carrying a concealed handgun who is officially contacted by any peace officer or emergency services personnel will immediately inform the peace officer or emergency service personnel of the concealed handgun unless physically unable to do so.
017.03 A peace officer or emergency service personnel making contact with the permit holder may dete1mine that securing the handgun is necessary for the safety of any person present. If requested, the permit holder will immediately surrender or secure the handgun for safekeeping as ordered by the peace officer or emergency service personnel until a determination has been made that there is no concern for safety and that the permit holder will not be detained for law violations or medical treatment. If the permit holder is transported for treatment by emergency service personnel, the handgun is to be turned over to a peace officer as soon as it is feasible to do so. The peace officer will provide the permit holder with a receipt for the handgun which will include make, model, caliber, and serial number.
017.04 A permit holder will not carry a concealed handgun while consuming alcohol or while there is any previously consumed alcohol or controlled substance as defined by Neb. Rev. Stat. § 28-401 in his or her blood, urine, or breath unless the controlled substance was lawfully obtained and taken in therapeutically prescribed amounts.
017.05 A permit holder will continue to meet all of the requirements for issuance of a permit during the time he or she holds a permit. A permit holder no longer meeting the requirements for a permit is required to return the permit to the Patrol for cancellation. A permit holder who fails to return the permit is subject to the formal revocation process described in these regulations. If a permit holder dies or becomes disabled, relatives or other responsible parties are requested to return the permit to the Patrol for cancellation. Permits cannot be transferred to another person. No fees will be refunded for permits which are cancelled or revoked.
017.06 A permit holder who has a handgun or other firearm lost or stolen should notify his or her county sheriff or local police department of that fact. The Patrol will so inform each permit holder at the time of issuance or renewal of a permit.
018 REPORTING INJURIES AND DAMAGE CAUSED BY FIREARM OF PERMIT HOLDER
018.01 Any injury to a person or damage to property resulting from the discharge of a handgun carried by a permit holder will be reported by the permit holder to the Patrol within ten (10) days of the incident. The form for making such a report will be available on the Patrol website. The report is not required for minor property damage. A report is required for malicious damage inflicted with a handgun.
019 TRAINING AND SAFETY COURSE REQUIREMENTS
019.01 When applying for a permit, an applicant for a concealed handgun permit will submit proof of successful completion of an approved Handgun Training and Safety Course or military documentation evidencing handgun training within the past three (3) years by a member of the active or reserve armed forces or the National Guard.
019.02 To be approved, the training course will have been conducted:
019.02A by an instructor certified by the Patrol;
019.02B utilizing a lesson plan approved by the Patrol;
019.02C after the instructor has been certified by the Patrol. Any courses taught by an instructor prior to being certified will not meet the training requirement for a permit; and
019.02D within the three (3) years immediately preceding the date of application.
020 INSTRUCTOR QUALIFICATIONS
020.01 Before instructors will be certified to teach, they will meet and maintain the following qualifications for certification to instruct the Handgun Training and Safety Course approved curriculum:
020.01A Be at least 21 years of age;
020.01B Not be prohibited from purchasing or possessing a handgun by federal law under 18 U.S.C. 922.
020.01C Not be prohibited from purchasing or possessing a handgun by state, tribal, or local law.
020.01D Possess the eyesight necessary for a Class "O" operator's license;
020.01E Not have pled guilty or nolo contendere or been convicted of a felony or crime of violence in any jurisdiction;
020.01F Not currently be adjudged mentally incompetent or have been found to be mentally ill and dangerous in the past ten (10) years;
020.01G Have had no violations of any law relating to firearms, unlawful use of a weapon, or controlled substances in Nebraska or any other jurisdiction in the past ten (10) years;
020.01H Not be on parole, probation, house arrest, or work release for any type of offense of any degree;
020.01I Be a citizen or a lawful permanent resident of the United States; and
020.01J Possess a valid and current firearms instructor certification to teach handgun courses. This can be certification either as a State of Nebraska Certified Firearms Instructor (law enforcement only), a Military Pistol Instructor, a National Rifle Association Certified Pistol Instructor, or instructor in some other program meeting the same standards for instructor certification. It is the applicant's responsibility to demonstrate their program meets the minimum standards for instructor certification.
021 INSTRUCTOR CERTIFICATION PROCESS
021.01 Persons wishing to become certified instructors for the required Handgun Training and Safety Course will submit an application form to the Nebraska State Patrol, together with a copy of a current Firearms Purchase Certificate under Neb. Rev. Stat. §§ 69-2401 to 69-2409, or a current permit issued under the Concealed Handgun Permit Act, or a current Federal Firearms License issued by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
021.02 Instructor applicants will be required to present proof of identification, be fingerprinted and photographed, and pay the current fee for processing of a state criminal history record information check.
021.03 Upon completion of the background check, instructor applicants who meet all of the requirements will be certified by the Patrol.
021.04 The instructor certification is valid for a period of three (3) years unless sooner revoked. An instructor wishing to renew the instructor certification will:
021.04A submit a new application for instructor certification; and
021.04B submit to fingerprinting and pay the fee for a new criminal history information check.
021.05 Upon verification that the firearm safety instructor meets the qualifications for an instructor, the Patrol will renew the registration of the instructor and notify the instructor.
021.06 Failure to maintain the requirements set out in these regulations or failure to abide by the rules and regulations is cause for revocation of the firearms safety instructor's certification by the Patrol.
021.07 Upon remedy of the reason(s) for revocation of the instruction certification, a new application may be submitted to the Patrol. An instructor whose certificate is revoked will not teach the Handgun Training and Safety Course nor advertise that an approved program is taught.
022 HANDGUN TRAINING AND SAFETY COURSE INSTRUCTOR OBLIGATIONS
022.01 An instructor will notify the Patrol in writing within ten (10) days of any change of their name, business name, address, or telephone number.
022.02 For each individual who receives instruction in the Handgun Training and Safety Course, the instructor will complete a class information form containing the following minimum information and submit it to the Patrol within fifteen (15) days of completion of the training:
022.02A Full name, gender, age, and date of birth of the individual taking the course at the time training commenced;
022.02B Student's complete address, phone number, and driver's license or Nebraska identification card number;
022.02C Student's written test scores and shooting qualification scores;
022.02D Dates and number of hours of each training session;
022.02E Physical location of each training session;
022.02F Name of each instructor and any assistant or co-instructor conducting the training sessions;
022.02G Whether the individual passed, failed, or withdrew from the program; and
022.02H A copy of all training materials, practical exercises, tests and class records. It is not necessary to repeatedly submit identical copies of training materials. If part of the materials are identical to those previously submitted, the instructor will so note when submitting class records.
022.03 The Patrol prefers that the required class records be submitted electronically. If instructors are not able to submit electronically, paper copies will be accepted.
023 TRAINING COURSE ADMINISTRATION
023.01 The instructor or entity providing training will provide the Patrol a schedule of planned courses, to include the date, time and location of each course, a minimum of ten (10) days prior to the start of the course. Exceptions may be made at the discretion of the Patrol.
023.02 The Handgun Training and Safety Course will be of sufficient length to cover all course materials as approved by the Patrol.
023.03 All training will be conducted in person by an instructor certified by the Patrol. Videotapes of the instructor instructing, and distance learning are not acceptable. This does not preclude the use of multi-media to enhance learning.
023.04 Range training will be live fire exercises and will be conducted at a firing range.
023.05 A maximum of25 students per class will be allowed.
023.06 Instructor to student ratios:
Classroom - 1 instructor to 25 students
Range/practical exercises - 1 instructor to 5 students
Instructors are encouraged, to have a secondary Range Safety Officer present with the instructor during the live fire exercises.
023.07 The instructor will provide each student with the following:
023.07A Outline of the material instructed;
023.07B Current copy of the Concealed Handgun Permit Act;
023.07C Current copy of the Concealed Handgun Permit Act Rules and Regulations; and
023.07D Printed information on how and where to apply for the concealed handgun permit.
023.08 The Patrol may attend any Handgun Training and Safety Course presented for the purposes of auditing the content of the instruction. In order to enhance knowledge of the content of this training course, instructors are encouraged to invite local law enforcement officers and emergency service personnel to monitor courses they teach.
023.09 Upon completion of the Handgun Training and Safety Course, the instructor will issue a certificate of completion to each student who passes the course. The certificate of completion will be on the form provided by the Patrol and will contain the following information:
-
Instructor's printed name;
-
Instructor's signature;
-
Course location;
-
Course date;
-
Student's name;
-
Student's driver's license or Nebraska identification card number;
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Student's fingerprint from his or her right index finger;
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Statement concluding the student has met the course requirements; and
-
Statement concluding the student does not suffer from a readily discernible physical infirmity that prevents the person from safely handling a handgun.
024 TRAINING COURSE CONTENT
024.01 The instructor of a Handgun Training and Safety Course is required to provide a Handgun Training and Safety Course Lesson Plan to the Patrol. Before it can be used, the Lesson Plan will meet the minimum standards for the course and be approved by the Patrol. Significant deviation from a lesson plan is unacceptable and may result in the revocation of the instructor's certification. Additionally, deviations may result in rejection of student's permit application.
024.02 The following will be the minimum info1mation instructed to the participants of any Handgun Training and Safety Course. An instructor may supplement the Lesson Plan but may not teach material which is inconsistent with the plan.
024.03 The minimum safety and training requirements for a Handgun Training and Safety Course include, but are not limited to:
024.03A Knowledge of ways to avoid a criminal attack and to defuse or control a violent confrontation;
024.03B Knowledge of operation and safe handling of a handgun;
024.03C Knowledge of and safe handling of handgun ammunition;
024.03D Knowledge of proper storage practices for handguns and ammunition, including storage practices which would reduce the possibility of accidental injury to a child;
024.03E Safe handgun shooting fundamentals;
024.03F Knowledge of federal, state, and local laws pertaining to the purchase, ownership, transportation, and possession of handguns; and
024.03G Knowledge of federal, state, and local laws pertaining to the use of a handgun including, but not limited to, use of a handgun for self-defense and laws relating to justifiable homicide and the various degrees of assault.
024.04 Applicants will demonstrate competency in handling and shooting a handgun with respect to the minimum safety and training requirements:
024.04A Students will complete practical exercises which include practice shooting on the range. These exercises will include but are not limited to the following: drawing and firing drills, precision shooting drills, and decision making (shoot/don't shoot) drills. The number of rounds to be fired in practice by each student will be determined by the instructor.
024.04B The Patrol will set the qualification course for the demonstration of competency. The course will be 30 rounds with varying distances. The target used will be the FBI "Q" target. A score of 70 percent is the minimum to demonstrate competency. Participants in the Handgun Training and Safety Course will be allowed three attempts to demonstrate competency.
024.04C Qualification Course
| Distance | Number of Rounds | Time Limit |
|---|---|---|
| 3 feet | Six (6) | N/A |
| ** Two rounds per command to fire. One (1) repetition will be from a concealed draw** | ||
| 9 feet | Twelve (12) | N/A |
| ** Two rounds per command to fire. Three (3) repetitions will be from a concealed draw** | ||
| 15 feet | Six (6) | N/A |
| ** Two rounds per command to fire. One (1) repetition will be from a concealed draw** | ||
| 21 feet | Six (6) | N/A |
| ** Two rounds per command to fire. One (1) repetition will be from a concealed draw** | ||
024.05 Applicants will take a written test consisting of a minimum of 30 questions. The Patrol will provide the test questions. A score of 70 percent is the minimum passing score.
025 PENALTIES
025.01 Under Neb. Rev. Stat. § 69-2430(2) an applicant for a concealed handgun permit who provides false information or offers false evidence of his or her identity is guilty of a Class IV felony and is subject to revocation of the permit in a civil prosecution.
025.02 Under Neb. Rev. Stat. § 69-2443 a permit holder who fails to carry the required documents when carrying a handgun or who fails to inform of the presence of a handgun when officially contacted by a peace officer or by emergency services personnel is guilty of a Class III misdemeanor for the first offense and a Class I misdemeanor for any second or subsequent offense and is subject to a revocation of the permit in a formal civil prosecution.
025.03 The following offenses are classified as Class III Misdemeanors for the first offense and as Class I Misdemeanors for the second or subsequent offense:
- Permit holder carrying a concealed handgun into a prohibited place or premises.
- Permit holder carrying a concealed handgun while consuming alcohol.
- Permit holder carrying a concealed handgun while having alcohol or any controlled substance ( except therapeutically prescribed amounts of legal substances) remaining in their blood, urine, or breath.
- Permit holder failing to file a report with the Patrol following an injury to a person or damage to property caused by the discharge of a concealed handgun carried by the permit holder.
025.04 The following offense is classified as a Class I Misdemeanor:
- Permit holder not submitting to an order to secure a handgun during a contact with a peace officer or emergency services personnel.
History
- Effective 2022-07-19
Chapter 22 Nebraska Handgun Purchase Certificate Act
Neb. Admin. Code tit. 272, ch. 22 Nebraska Handgun Purchase Certificate Act {#sec-272-nac-22 omnilex-key=us-ne-regs-official--title-272--272 NAC 22}
001 SCOPE AND PURPOSE
001.01 These regulations are to implement the Nebraska Handgun Purchase Certificate Act. The purpose of the Act is to regulate the purchase, lease, rent, or transfer of handguns.
001.02 Statutory authority for these regulations can be found at Neb. Rev. Stat. §69-2401 through 69-2425.
002 DEFINITIONS
002.01 “The Act” means Neb. Rev. Stat. §§ 69-2401 to 69-2425.
002.02 “Antique handgun or pistol” is defined in Neb. Rev. Stat. § 69-2402(1).
002.03 “Certificate” means a Nebraska Handgun Purchase Certificate.
002.04 “Criminal history record check” is defined by Neb. Rev. Stat. § 69-2402(2) and includes a check of the National Instant Criminal Background Check System.
002.05 “Handgun” is defined by Neb. Rev. Stat. § 69-2402(4)
003 APPLICATIONS
003.01 Any person desiring to purchase, lease, rent, or receive transfer of a handgun will apply with the chief of police or sheriff of the applicant’s place of residence for a certificate. The certificate will not be required under the circumstances listed in Neb. Rev. Stat. §69-2403(2).
003.02 The application may be made in person or by mail.
003.02A If the application is made in person, the applicant will also present a Nebraska driver’s license, or state identification card reflecting the current address, or military identification card.
003.02B If the application is made by mail, the application will describe the license or card used for identification, including the license or card number, and be notarized by a notary public.
003.03 A fee as specified in Neb. Rev. Stat. § 69-2404 will be charged for each
application for a certificate.
003.04 Only the official Nebraska State Patrol application form will be accepted.
The application form will be designed by NSP and include the following
requirements:
003.04A Full name and any previous name(s) used by applicant;
003.04B Complete address;
003.04C Date of birth;
003.04D Proof of citizenship by birth certificate, or passport, or in alternative for aliens qualified by federal law to purchase or possesses firearms, their US alien or admission number;
003.04E Current driver’s license number, state identification card number, or military identification card number, if application is made in person;
003.04F Signature of the applicant.
003.05 The vendor selected to print the forms will provide application and certificate forms to issuing agencies only. Issuing agencies may provide blank application forms to dealers. The issuing agency will ensure application forms are accounted for to allow a proper audit of all funds received under the Act.
003.06 Application and certificate forms may be made available electronically in a secure manner to issuing agencies.
003.07 All applications and certificate records will be maintained in a secure fashion by law enforcement agencies for audits.
003.08 To receive a certificate, applicants must:
003.08A Be at least twenty-one (21) years of age;
003.08B Complete the application and submit it along with all necessary documentation to the appropriate issuing agency;
003.08C Pay the required fee;
003.08D Not be prohibited from purchasing or possessing a handgun by federal, state or local law. Verification of this requires a criminal history record check, including a National Instant Criminal Background Check System (NICS) check.
003.08E Be a U.S. citizen, or an alien qualified under federal law to purchase or possess a handgun. If the applicant is not a U.S. citizen, they will include their place of birth or their U.S. alien or admission number.
004 INVESTIGATIONS
004.01 The sheriff or chief of police may require the applicant to obtain and provide additional information as needed, to investigate and make a firearms eligibility decision. The three-days to issue the certificate does not begin until the application is completed, all necessary documentation is received by the issuing agency, and the required fee is paid.
004.02 The sheriff or chief of police to whom the application as submitted will conduct a background check to determine whether the applicant has a firearm disability that precludes him or her from purchasing or possessing a handgun.
004.03 The background check may include, but is not limited to, a criminal background check, a check of court and government records including notations or warrants and commitment orders issued by courts or mental health boards, and interviews of individuals with reliable and pertinent information about the applicant.
005 CERTIFICATE ISSUANCE PROCESS
005.01 A permit will be issued to the applicant by the chief of police or by the sheriff within three days so long as the record check reveals no disqualifying information and applicant meets all of the requirements of the Act and these regulations.
005.02 Neb. Rev. Stat. § 69-2405 will be followed when calculating the three-day period to issue or deny the certificate.
006 DENIAL AND REVOCATION OF CERTIFICATE
006.01 If an applicant does not meet the certificate qualifications, they will be notified in writing indicating the reason(s) for the denial, along with notification of the appeal process as set out in Neb. Rev. Stat. § 69-2406.
006.02 If the chief of police or sheriff who issued the certificate determines that the applicant has become disqualified for the certificate under federal, state or local law and the certificate’s three-year term has not expired, he or she may immediately revoke the certificate and require the holder to surrender the certificate immediately.
006.03 The agency to which an application was made will preserve evidence of the reason(s) for denial or revocation for at least 30 days, should the applicant appeal the denial or revocation.
006.04 Any person who is denied a certificate, whose certificate is revoked, or who has not been issued a certificate upon expiration of the three-day period may appeal as set out in Neb. Rev. Stat. § 69-2406.
007 PERSONS WITH FIREARM DISABILITIES
007.01 A certificate application will be denied if federal, state, or local laws prohibits the applicant from purchasing or possessing a handgun. The following subsections of Section 07 are a nonexclusive list of firearm disabilities that prevent persons from purchasing or possessing handguns.
007.01A Persons convicted of a crime classified as a felony or a crime punishable by imprisonment for a term exceeding one year, whether or not imposed, per 18 U.S.C. § 922(g)(1).
007.01B Persons convicted of a misdemeanor punishable by imprisonment for a term exceeding two years, whether or not imposed, per 18 U.S.C. § 922(g)(1).
007.01C Persons who are fugitives from justice, pursuant to 18 U.S.C. §922(g)(2), as defined by 18 U.S.C. § 921(15), or Neb. Rev. Stat. §28-1206, as defined by Neb. Rev. Stat. § 28-1201.
007.01D Persons who are unlawful users of or addicted to any controlled substance pursuant to 18 U.S.C. §922(g)(3). “Unlawful user of or addicted to any controlled substance” is defined in 27 C.F.R. §478.11. A copy of this federal regulation can be found at NSP State Headquarters, and online at https://www.ecfr.gov/current/title-27/chapter-II/subchapter-B/part-478.
007.01E Persons who have been adjudicated as mental defectives or have been committed to any mental institution, as described in 18 U.S.C. § 922(g)(4). “Adjudicated as a mental defective”, “committed to a mental institution”, and “mental institution” are defined by 27 C.F.R. § 478.11.
007.01F Persons who are aliens and are illegally or unlawfully in the United States, as defined by 18 U.S.C. § 922(g)(5). “Alien” and “alien illegally or unlawfully in the United States” are defined in 27 C.F.R. § 478.11.
007.01G Persons who have been discharged from the U.S. Armed Forces under a dishonorable discharge conditions, pursuant to 18 U.S.C. § 922(g)(6). This does not include a “bad conduct” discharge or “other than honorable” discharge from the U.S. Armed Forces.
007.01H Persons who, having been citizens of the United States, have renounced their U.S. Citizenship, as set out in 18 U.S.C. §922(g)(7). All renounced citizenship information is provided by the Department of State and is found in the NICS Indices.
007.01I Persons convicted in any federal, state, or tribal court of a misdemeanor crime of domestic violence as set out in 18 U.S.C. § 922(g)(9). A misdemeanor crime of domestic violence means a conviction pursuant to 18 U.S.C. § 921(a)(33).
007.01J Persons subject to a court order that restrains them from harassing, stalking, or threatening an intimate partner, as defined by 18 U.S.C. § 921(a)(32), or a child of such intimate partner, or from engaging in other conduct that would place the partner or child in reasonable fear of bodily injury pursuant to18 U.S.C. § 922(g)(8). This firearm disability only applies to a court order that:
(1) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(2) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(3) by its terms explicitly prohibits the use, attempted use or threatened us of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
007.01K Persons who are under indictment or information in any court of a crime punishable by imprisonment for a term exceeding one year, as prohibited by 18 U.S.C. § 922(n), or any state offense classified by the laws of the state as misdemeanor and punishable by imprisonment for a term exceeding two years. “Indictment” is defined by 27 C.F.R. § 478.11.
007.01L Persons who are prohibited by Neb. Rev. Stat. § 28-1206 or Neb. Rev. Stat. § 28-1204.05 from possessing a firearm.
007.01M Persons prohibited from purchasing or possessing a handgun by city or village ordinance.
007.02 A certificate will not be denied to a person who has been granted lawful relief from a firearm disability.
008 ISSUING AGENCIES
008.01 Any activity required or authorized to be performed by the chief of police or sheriff under the Act may be performed by his or her authorized designee.
008.02 Chiefs of police and sheriffs acting pursuant to the Act will establish accounting practices to assure proper disposition of all funds received and to provide an effective audit trail.
History
- Effective 2022-03-21
Chapter 23 Missing Persons Information Clearinghouse
Neb. Admin. Code tit. 272, ch. 23 Missing Persons Information Clearinghouse {#sec-272-nac-23 omnilex-key=us-ne-regs-official--title-272--272 NAC 23}
001 SCOPE AND PURPOSE
001.01 These regulations are to implement the Missing Persons Information Clearinghouse pursuant to Neb. Rev. Stat. §§ 29-212 to 29-214. The purpose of the Missing Persons Information Clearinghouse is to provide a program for compiling, coordinating, and disseminating information, in order to locate missing persons through public awareness and cooperation, and to educate law enforcement officers and the general public about the issues related to missing persons.
001.02 These regulations are also to implement the Missing Children Identification Act pursuant to Neb. Rev. Stat. §§ 43-2001 to 43-2012. The purpose of the Missing Children Identification Act is to locate missing children through school records and birth certificates filed with the schools and the Department of Health and Human Services.
002 DEFINITIONS
002.01 "Law enforcement agency" means a recognized police department, sheriff’s office, or the Nebraska State Patrol, having an assigned originating agency identifier (ORI) issued by the Federal Bureau of Investigation.
002.02 "Minor" means for purposes of these regulations a person under the age of eighteen.
002.03 "Missing Person" means a person who has been reported as missing to a law enforcement agency.
002.04 "Missing Child" means a person sixteen years of age or younger reported to any law enforcement agency or abducted or lost.
002.05 "Missing Persons Information Clearinghouse" means the repository established within the Nebraska State Patrol pursuant to Neb. Rev. Stat. § 29-214.01.
002.06 "Nebraska State Patrol" means the Criminal Investigation Division of the Nebraska State Patrol, P.O. Box 94907, Lincoln, Nebraska 68509.
002.07 "Prevention and education materials" means those materials that are designed to aid in the prevention of kidnapping and that are used in conjunction with a prevention and education program.
002.08 "Prevention and education programs" mean those programs which have as their primary purpose the prevention of kidnapping.
002.09 "Unemancipated Minor" means a child under the age of nineteen (19) who has not been granted the status of adulthood by a court order or other formal legal arrangement. Emancipated minor status is not automatically bestowed on those who have simply moved away from their parents' home.
003 ADMINISTRATION OF MISSING PERSON INFORMATION CLEARINGHOUSE
003.01 The Criminal Investigation Division administers the missing person information Clearinghouse, and all questions, comments, or requests for, or submission of information should be directed to the Clearinghouse at the Criminal Investigation Division. Inquiries by mail should be addressed to: Missing Person Information Clearinghouse, Criminal Investigation Division, Nebraska State Patrol, P.O. Box 94907, Lincoln,NE 68509.
004 REPORTING A MISSING PERSON
004.01 When a report of a missing person has been received by a law enforcement agency having jurisdiction, the agency will notify:
004.01A On duty personnel of the jurisdictional agency as soon as practicable through internal means and over the appropriate police communication network;
004.01B All law enforcement agencies considered to be involved by the law enforcement agency having jurisdiction;
004.01C All law enforcement agencies requesting the information;
004.01D All other law enforcement agencies deemed appropriate by the jurisdictional agency;
004.01E The Missing Persons Clearinghouse.
004.02 If a report of a missing person involves an unemancipated minor, the law enforcement agency, having original jurisdiction, will immediately transmit the proper information for inclusion in the National Crime Information Center computer and the Missing Persons Information Center Clearinghouse.
004.03 If a report of a missing person involves a missing child, the law enforcement agency having original jurisdiction, will immediately notify the Nebraska State Patrol, which will notify the school district office in which such missing child is enrolled and the Nebraska Department of Health and Human Services. In the case of a missing child attending school exempted from state accreditation and approval requirements under Neb. Rev. Stat. §§ 79-1601(3) to 79-1601(6), the local law enforcement agency will notify the Nebraska Department of Education and the Nebraska Department of Health and Human Services.
004.04 Any local law enforcement agency notified pursuant to the Missing Children Identification Act of the request for the birth certificate, school record or other information concerning a missing child will immediately notify the Nebraska State Patrol of such request and will investigate such matter.
005 INFORMATION TO BE CONTAINED IN THE MISSING PERSON REPORT
005.01 When reporting a missing person to the Nebraska State Patrol Missing Person Information Clearinghouse, a law enforcement agency having jurisdiction of the case will provide the following information on a uniform form prescribed by the Nebraska State Patrol (Exhibit 1). The form will contain, at a minimum, the following information:
005.01A Reporting Agency name and ORI number;
005.01B Name and phone number or email of the Case Officer or Person of Contact from the reporting agency;
005.01C Date of the Report;
005.01D Full legal name of the Missing Person as well as any aliases;
005.01E Sex;
005.01F Race;
005.01G Physical Description, to include Height, Weight, Eye-color and Hair Color;
005.01H Category of Missing status;
005.01I Date the person went missing;
005.01J Last known location;
005.01K Date of last contact;
005.01L Location of last contact.
005.02 When reporting a missing minor child to the Nebraska State Patrol Missing Person Information Clearinghouse, the following information is also required:
005.02A Date of Birth.
005.03 When reporting a missing person other than a minor child to the Nebraska State Patrol Missing Person Information Clearinghouse, at least one of the following is required and all of the following will be submitted if known:
005.03A Date of Birth;
005.03B FBI Number (from a criminal history inquiry);
005.03C Miscellaneous Number (for example: passport number, alien registration number, armed forces serial number);
005.03D Social Security Number;
005.03E Operator's License Number (to include issuing state and year of expiration);
005.03F License Plate Number (to include issuing state, year of expiration and type of license plate);
005.03G Vehicle Identification Number (include vehicle year, vehicle make, and vehicle style/model).
005.04 When reporting a missing person to the Nebraska State Patrol Missing Person Information Clearinghouse, it is strongly recommended that the following information be submitted:
005.04A City and State of Birth;
005.04B Last Known Address;
005.04C Last known phone number;
005.04C(1) If the phone number is a cell phone, pursuant to Neb. Rev. Stat. §§ 86-801to 86-807, the Kelsey Smith Act, the required list of Wireless Communication Carriers and their Emergency Law Enforcement Contact information will be made available by way of several different locations to all Law Enforcement and are as follows:
005.04C(1)(a) The Nebraska NeLEIS Website; In the Users Email Account; Public Folders; Resources; Titled NE Wireless Carrier Contact Info.pdf;
005.04C(1)(b) The NCJIS Website; in the Documents Section; NE Wireless Carrier Contact Info.pdf;
005.04C(1)(c) Through the Nebraska State Patrol, by contacting the Nebraska Information Analysis Center (NIAC) during normal Business hours at (402) 479-4049 or any of the Troop Area Communication Centers.
005.04D Birth Certificate;
005.04E Mother's Maiden Name;
005.04F A photograph.
006 NOTIFICATION FOLLOWING LOCATION OF MISSING PERSON
006.01 The Missing Persons Clearinghouse will be notified by the reporting agency when the missing person has been located and the information is confirmed.
006.02 After the location of a missing person has been determined and confirmed, the Clearinghouse will only release the same information contained in the monthly missing person bulletin concerning the located person.
007 DISSEMINATION OF INFORMATION ABOUT MISSINGPERSONS
007.01 The Nebraska State Patrol will maintain a statewide toll-free telephone line 24 hours a day, to receive and disseminate information related to missing persons.
007.02 The Clearinghouse will distribute missing person information that contains the names, photographs, descriptions, and information related to surrounding the disappearance of missing persons through publication of the Missing Person Information Clearinghouse website. The law enforcement agency or person to contact if a missing person is located and the names of all located missing persons will be included in the information shown on the website. The website address is http://www.statepatrol.nebraska.gov/MissPerClearing.aspx.
007.03 Each week, the Clearinghouse will produce, update, and publish public service announcements on the Clearinghouse Web site.
008 PREVENTION AND EDUCATIONPROGRAMS
008.01 The Nebraska State Patrol will develop training programs for law enforcement agencies concerning the appropriate procedures to report missing persons to the Clearinghouse.
008.02 The Clearinghouse will maintain a repository of approved prevention and education programs and materials regarding prevention of kidnapping.
008.03 Any person or group wishing to submit prevention and education programs and materials for approval and inclusion in the repository may contact the Clearinghouse in order to request information on submitting prevention and education programs and materials for approval.
008.04 The Clearinghouse will consider prevention and education programs and materials submitted for approval only upon receipt by the Clearinghouse of all specified materials. The person or group submitting prevention and education programs or materials to the Clearinghouse will be notified of approval or rejection of the programs or materials on the repository. No prevention and education programs or materials will be represented as having been approved by the Clearinghouse or the Nebraska State Patrol unless they have been approved and placed on the repository.
008.05 Prevention and education programs and materials which have been approved by the National Center for Missing and Exploited Children are deemed to be approved by the Department.
009 RETENTION OF INFORMATION IN THECLEARINGHOUSE
009.01 After the location of a missing person has been determined and confirmed, information concerning the history of the missing person case will be disclosed only to law enforcement agencies of this state and other jurisdictions when necessary for the discharge of official duties, and to the juvenile court in the county of residence of a formerly missing person who is a minor.
009.02 All information in the Clearinghouse relating to a missing person who is an adult will be purged when the person's location has been determined and confirmed. All information in the Clearinghouse relating to a missing person who is a minor shall be purged when the person reaches eighteen years of age and the person's location has been determined and confirmed.
History
- Effective 2021-06-27
Chapter 24 Nebraska State Patrol Drug Control and Education Cash Funds
Neb. Admin. Code tit. 272, ch. 24 Nebraska State Patrol Drug Control and Education Cash Funds {#sec-272-nac-24 omnilex-key=us-ne-regs-official--title-272--272 NAC 24}
001 DEFINITIONS
001.01 "Agent" is defined in § 28-401(2);
001.02 "Controlled substance" is defined in § 28-401(4);
001.03 "Department" is defined in § 28-401(6);
001.04 "Drug" is defined in § 28-401(11);
001.05 "Deliver" or "delivery" is defined in § 28-401 (12);
001.06 "Narcotic Drug" is defined in § 28-401(16);
001.07 "Cooperating Individual" is defined in § 28-401(27).
002 COOPERATION
002.01 The Nebraska State Patrol will cooperate with federal agencies, the Department, other state agencies, elementary and secondary schools and Law Enforcement and Education Fund Boards concerning traffic in controlled substances and in conducting drug education activities. The Nebraska State Patrol is authorized to:
002.01A Arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances;
002.01B Coordinate and cooperate in training programs on controlled substance law enforcement and education at the local and state levels;
002.01C Establish a centralized unit which will accept, catalog, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make such information available for federal, state, and local law enforcement purposes on request;
002.01D Cooperate in locating, eradicating, and destroying wild or illicit growth of plant species from which controlled substances may be extracted, and for these purposes a peace officer is hereby authorized to enter onto property upon which there are no buildings or upon which there are only uninhabited buildings without first obtaining a search warrant or consent;
002.01E Develop a priority program to focus on the reduction and elimination of the most damaging drugs including narcotic drugs, depressant and stimulant drugs, and hallucinogenic drugs; and
002.01F Develop and conduct drug education activities in cooperation with elementary and secondary schools in Nebraska and with County Drug Law Enforcement and Education Fund Boards.
003 INVESTIGATIVE CASH FUNDS
003.01 A permissible use of the fund is for obtaining evidence for enforcement of any state law relating to control of drug abuse.
003.02 Investigative Expenses will be maintained with a record of withdrawals and deposits from the Investigative Cash funds for auditing purposes.
004 EDUCATION CASH FUND
004.01 A permissible use of the Nebraska State Patrol Drug Control and Education Cash Fund is for drug education activities.
004.01A Drug education activities should be developed with the County Drug Law Enforcement and Education Fund Boards.
005 LEGISLATIVE OVERSIGHT
005.01 The Nebraska State Patrol will prepare and deliver to the Clerk of the Legislature at the commencement of each succeeding session a detailed report which will contain, but not be limited to:
005.01A Current total in the cash fund;
005.01B Total amount of expenditures;
005.01C Purpose of the expenditures, to include
005.01C(1) Salaries and expenses of all agents and informants;
005.01C(2) Front money for drug purposes;
005.01C(3) Names of drugs & quantity of purchases;
005.01C(4) Amount of front money recovered; and
005.01C(5) Drug education activities.
005.01D Total number of informants on the payroll who have received funds in the previous year;
005.01E Amounts delivered to patrol supervisors for distribution to agents and informants and the method for accounting such transactions and the results procured through such transactions; and
005.01F A description of the drug education activities conducted since the date of the previous report.
005.02 Each member of the Legislature will receive a copy of such report upon making a request to the superintendent.
History
- Effective 2022-07-10
Chapter 25 Rules and Regulations Governing Security at State Capitol Building Lincoln, Nebraska
Neb. Admin. Code tit. 272, ch. 25 Rules and Regulations Governing Security at State Capitol Building Lincoln, Nebraska {#sec-272-nac-25 omnilex-key=us-ne-regs-official--title-272--272 NAC 25}
001 AUTHORITY
The authority of the Nebraska State Patrol to promulgate and enforce these rules may be found in Neb. Rev. Stat. §81-1108.15(6) and § 81-2003.
002 DEFINITIONS
002.01 CAPITOL BUILDING means the Nebraska State Capitol.
002.02 CAPITOL COMMISSION means the Nebraska Capitol Commission.
002.03 CAPITOL PROPERTY includes all property within the street curb circumscribing the State Capitol, K Street south curb-line, 16th Street west curb-line, H Street north curb-line and 14th Street east curb-line, except perimeter public sidewalks.
002.04 PUBLIC SPACE includes areas of the Capitol Property which are generally open to the public. Public spaces include, but are not limited to, restrooms, corridors, stairways, tower elevators, the Capitol Dining Room, Rotundas, second floor Vestibule, Foyer, East and West Chambers and Lounges, Supreme Court and Court of Appeals Courtrooms, Law Library, Third Floor at the Rotunda, Fourteenth Floor Memorial Hall and exterior gallery observation decks, exterior face of the building, exterior promenade deck, all entrances, walks, and plazas, and the Capitol Grounds and Courtyards. There are spaces within the Capitol Property which are not considered public spaces, (i.e., private offices, controlled access corridors and floors, and other controlled access spaces.)
002.05 PUBLIC HOURS The Nebraska State Capitol is open to the public Monday through Friday from 8:00 a.m. to 5:00 p.m., Saturdays and Holidays falling on weekdays from 10:00 a.m. to 5:00 p.m., and on Sundays from 1:00 p.m. to 5 p.m. The Capitol is closed Thanksgiving Day and the Friday after, Christmas Day, and New Year’s Day. The Capitol Grounds and Promenade Deck are open from Sunrise to Sunset (unless closed). Events with prior approval are allowed on the North Plaza and West Plaza from 6:30 a.m. to 10:30 p.m.
003 PROHIBITIONS AND ORDERS ON CAPITOL PROPERTY
003.01 – ANIMALS - No pets, livestock, or animals of any kind shall be allowed in the Capitol Building except for service animals, as defined by the Americans with Disabilities Act (ADA) and accompanying guidance, and animals used by law enforcement personnel or emergency responders in their official capacities.
003.02 - ALCOHOL - Drinking of alcoholic beverages on Capitol Property is prohibited, unless specifically authorized by the Capitol Commission and the Nebraska Liquor Control Commission.
003.03 – SLEEPING – No overnight camping or sleeping in public areas on Capitol Property.
003.04 – LAWN AND SHRUBBERY - Any damage to the lawn area or shrubbery or other plantings is prohibited.
003.05 - SIGNS - Carrying, transporting, or using signs, posters, placards or banners exceeding eleven inches (11”) by seventeen inches (17”) in size inside the Capitol Building is prohibited.
a. All signs shall only be handheld on Capitol Property. No handles, sticks, supports, poles, posts, or other items used to hold up signs will be allowed on Capitol Property.
b. Except as otherwise allowed by the Capitol Commission, signs, posters, placards or banners shall not obstruct the freedom of passage on or through Capitol Property.
c. Signs shall not be driven or staked into the ground nor attached to nor supported by any tree, monument, statue, etc. on Capitol Property.
d. All signs left unaccompanied or not in actual physical control shall be considered abandoned property and may be disposed.
Nothing in these rules is meant to prohibit the use of signs as approved by the Office of the Capitol Commission or signs posted by state employees on or around the doors of their respective offices when necessary for official business.
Signs are not permitted in the Courtrooms, including the Nebraska Supreme Court and the Nebraska Court of Appeals, the East and West Legislative Chambers, and the Governor’s Suite.
003.06 - PROHIBITED BEHAVIORS - The following acts in or on Capitol Property are prohibited:
a. Improper disposal of trash, spitting, creation of any hazard to persons or things, throwing of articles of any kind from the Capitol Building, climbing upon any part of the Capitol Building, and the destruction, damage, or removal of property or any part thereof;
b. Conduct prohibited by any other applicable law or ordinance, policy or rule of the Legislature, policy or order of the Executive Board of the Legislative Council, Nebraska Supreme Court rule or order, or policy or order of the Nebraska Capitol Commission;
c. Conduct that creates loud and unusual noise, or that obstructs the usual use of entrances, foyers, corridors, offices, elevators, stairways, and parking lots, or that otherwise tends to impede or disturb public employees in the performance of their duties, or that otherwise impedes or disturbs the public in its access and use to designated property;
d. Bullhorns or other noise amplification devices shall not be used inside the Capitol;
e. Climbing or stepping upon statues, monuments, fences, barriers, lighting fixtures, trees or parts of the Capitol not intended for such purpose.
003.07 – VIOLATIONS OF REGULATIONS - If an individual is in violation of these regulations, the Nebraska State Patrol will first attempt to notify such individual that he or she is not compliant with the regulations and allow such individual to correct their behavior. Failure to comply with this request could result in a citation and/or order to leave.
003.08- ORDER TO LEAVE - No person shall remain on Capitol Property after having been ordered or directed by a member of the Nebraska State Patrol or other law enforcement personnel to leave Capitol Property. Failure to comply may result in a citation for trespassing.
003.09 - SUBJECT TO SEARCH - All backpacks, bags, packages, briefcases or other containers in the immediate possession of visitors, employees, or other persons arriving on, working at, visiting, or departing from Capitol Property are subject to search. The Nebraska State Patrol may inspect any equipment or apparatus brought in and may limit or prohibit the use of any items which might affect safety or the normal operation of the building. Unattended items on Capitol Property may be confiscated.
003.10 – WHEELED VIOLATIONS - The operation of bicycles, roller skates (including inline), skateboards, scooters, hoverboard, wheelie shoes, Segways, or any other form of wheeled personal transportation, with the exception of wheeled law enforcement transportation, wheeled transportation for children, such as a stroller, and medical mobile equipment, such as wheelchairs and scooters, in the Capitol Building is prohibited.
History
- Effective 2021-07-11
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