36 C.F.R. § 2.38

Explosives

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(a) Using, possessing, storing, or transporting explosives, blasting agents or explosive materials is prohibited, except pursuant to the terms and conditions of a permit. When permitted, the use, possession, storage and transportation shall be in accordance with applicable Federal and State laws.

(b) Using or possessing fireworks and firecrackers is prohibited, except pursuant to the terms and conditions of a permit or in designated areas under such conditions as the superintendent may establish, and in accordance with applicable State law.

(c) Violation of the conditions established by the superintendent or of the terms and conditions of a permit issued in accordance with this section is prohibited and may result in the suspension or revocation of the permit.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1986–2022 · leading case: Gueke v. Bd. of Cnty. Commissioners, 728 P.2d 167 (Wyo. 1986).

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Gueke v. Bd. of Cnty. Commissioners, 728 P.2d 167 (Wyo. 1986). · cites it 2× “36 CFR 2.38(b); 36 CFR 261.52(f). Furthermore, all fireworks are banned in the National Elk Refuge.”

Kristi Noem v. Deb Haaland, 41 F.4th 1013 (8th Cir. 2022). “See 36 C.F.R. § 2.38 (b). With no substitute, doing away -6- with this process will only make it harder, not easier, for South Dakota to remedy its claimed injury.”

— 36 C.F.R. § 2.38(b) — 1 case

Gueke v. Bd. of Cnty. Commissioners, 728 P.2d 167 (Wyo. 1986). “36 CFR 2.38(b); 36 CFR 261.52(f). Furthermore, all fireworks are banned in the National Elk Refuge.”

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