For purposes of
sections 28-1213 to 28-1239, unless the context otherwise requires:
(1) Person means any individual, corporation, company, association,
firm, partnership, limited liability company, society, or joint-stock company;
(2) Business enterprise means any corporation, partnership,
limited liability company, company, or joint-stock company;
(3) Explosive materials means explosives, blasting agents,
and detonators;
(4) Explosives means 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, ignited cord, igniters, display fireworks as defined in section 28-1241,
and firecrackers or devices containing more than one hundred thirty milligrams
of explosive composition, but does not include consumer fireworks
as defined in such section, gasoline, kerosene, naphtha, turpentine, benzine,
acetone, ethyl ether, benzol, fixed ammunition and primers for small arms,
safety fuses, or matches;
(5) Blasting agent means any material or mixture intended for blasting which
meets the requirements of 49 C.F.R. part 173, subpart C, Definitions, Classification and Packaging for Class I, as
such subpart existed on January
1, 2010;
(6) Detonator means any device containing an initiating or
primary explosive that is used for initiating detonation. Excluding ignition
or delay charges, a detonator shall not contain more than ten grams of explosive
material per unit. Detonator includes an electric detonator of instantaneous
or delay type, a detonator for use with safety fuses, a detonating cord delay
connector, and a nonelectric detonator of instantaneous or delay type which
consists of detonating cord, shock tube, or any other replacement for electric
leg wires;
(7)(a) Destructive devices means:
(i) Any explosive, incendiary, chemical or biological poison,
or poison gas (A) bomb, (B) grenade, (C) rocket having a propellant charge
of more than four ounces, (D) missile having an explosive or incendiary charge
of more than one-quarter ounce, (E) mine, (F) booby trap, (G) Molotov cocktail,
(H) bottle bomb, (I) vessel or container intentionally caused to rupture or
mechanically explode by expanding pressure from any gas, acid, dry ice, or
other chemical mixture, or (J) 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
(ii) Any combination of parts either designed or intended
for use in converting any device into a destructive device as defined in subdivision
(7)(a)(i) of this section from which a destructive device may be readily assembled.
(b) The term destructive device does not include (i) any device
which is neither designed nor redesigned for use as a weapon to be used against
person or property, (ii) any device, although originally designed for use
as a weapon, which is redesigned for use as a signaling, pyrotechnic, line-throwing,
safety, or similar device, (iii) surplus ordnance sold, loaned, or given by
the Secretary of the Army pursuant to 10 U.S.C. 4684(2), 4685, or 4686, as
such sections existed on March 7, 2006, (iv) any other device which the Nebraska
State Patrol finds is not likely to be used as a weapon or is an antique,
or (v) any other device possessed under circumstances negating an intent that
the device be used as a weapon against any person or property;
(8) Federal permittee means any lawful user of explosive materials
who has obtained a federal user permit under 18 U.S.C. chapter 40, as such
chapter existed on January 1,
2010;
(9) Federal licensee means any importer, manufacturer, or
dealer in explosive materials who has obtained a federal importers', manufacturers',
or dealers' license under 18 U.S.C. chapter 40, as such chapter existed on January 1, 2010; and
(10) Smokeless propellants means solid propellants commonly
called smokeless powders in the trade and used in small arms ammunition.
Notes of Decisions
Cited in
16
cases, 1938–2020 · leading case:
State v. Joseph S., 698 N.W.2d 212 (Neb. Ct. App. 2005).
State v. Joseph S., 698 N.W.2d 212 (Neb. Ct. App. 2005).
· cites it 20× “ile court of Lancaster County, Nebraska, on February 12, 2004, alleging that Joseph was a juvenile as defined by § 43-247(2) for the reason that on or about January 23, 2004, Joseph intentionally engaged in conduct which constituted a substantial step in a course of conduct…”
State v. Costello, 256 N.W.2d 97 (Neb. 1977).
· cites it 5× “§ 28-1213, R. R. S. 1943; State v. Martin, 177 Neb.”
State v. Spurgin, 623 N.W.2d 644 (Neb. 2001).
· cites it 5× “” Neb. Rev. Stat. § 28-1213 (Reissue 1995) provides in relevant part: (7) Destructive devices shall mean: (a) Any explosive, incendiary, or poison gas (i) bomb, (ii) grenade .”
State v. Anthony P., 698 N.W.2d 457 (Neb. Ct. App. 2005).
· cites it 8× “had in his possession a destructive device as defined in Neb. Rev. Stat. § 28-1213 (7) (Cum. Supp.”
Haines v. State, 281 N.W. 860 (Neb. 1938).
· cites it 6× “Section 28-1213, Comp. St. 1929, relates to rules of evidence and presumptions that are pertinent to the offense, as stated in the preceding section, and reads in part: “In any prosecution under this act as against the maker or drawer thereof, the making, drawing, uttering or…”
Taylor v. State, 66 N.W.2d 514 (Neb. 1954).
· cites it 4× “1943, under which defendant was prosecuted, relates to those cases wherein a defendant "has no account or deposit in such bank," and gives the court a commensurate latitude or discretion within certain prescribed limits in the matter of sentence for violation thereof, dependent…”
State v. Martin, 128 N.W.2d 583 (Neb. 1964).
· cites it 5× “The statute involved, section 28-1213, R. R. S. 1943, provides as follows: “Any person who, with intent to defraud, shall * * * draw * * * any *210 check * * * upon any bank * * * knowing, at the time of such * * * drawing * * * that the maker * * * has not sufficient funds in *…”
White v. State, 280 N.W. 433 (Neb. 1938).
· cites it 10× “upon said bank or depository without intent to defraud the party receiving the same;” and the opinion adds: “The question then becomes, is the penalty provided by section 2 inflicted for issuing the bad check or for failure to make satisfaction as provided under section 3?” The…”
State v. Walton, 523 N.W.2d 699 (Neb. 1994).
· cites it 4× “Walton has appealed on the following grounds: (1) Neb. Rev. Stat. § 28-1213 (Reissue 1989), which defines the term “destructive device,” is unconstitutional due to vagueness and improper delegation of legislative authority; (2) no evidence was adduced that showed that the jars…”
State v. Edmonds, 153 N.W.2d 364 (Neb. 1967).
· cites it 2× “Edmonds, was prosecuted and convicted for violation of section 28-1213, R. R. S. 1943, prohibiting the making and uttering of a bank check with knowledge that he did not have an account, deposit, or credit in the bank on which it was drawn.”
State v. Kincaid, 279 N.W.2d 152 (Neb. 1979).
· cites it 2× “There is no merit to defendant’s claim of excessive sentence in light of his record and the maximum sentence of 10 years provided for by section 28-1213, R. R. S. 1943. “A sentence imposed within statutory limits will not be disturbed on appeal unless there is an abuse of…”
State v. Trew, No. A-19-922, A-19-926 (Neb. Ct. App. Aug. 11, 2020).
· cites it 2× “Neb. Rev. Stat. § 28-1213 (4) (Reissue 2016) defines “explosive” as follows: Explosives means 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…”
Neb. Rev. Stat. § 28-1213(7): 3 cases
State v. Anthony P., 698 N.W.2d 457 (Neb. Ct. App. 2005).
“had in his possession a destructive device as defined in Neb. Rev. Stat. § 28-1213 (7) (Cum. Supp.”
State v. Joseph S., 698 N.W.2d 212 (Neb. Ct. App. 2005).
“ile court of Lancaster County, Nebraska, on February 12, 2004, alleging that Joseph was a juvenile as defined by § 43-247(2) for the reason that on or about January 23, 2004, Joseph intentionally engaged in conduct which constituted a substantial step in a course of conduct…”
State v. Spurgin, 623 N.W.2d 644 (Neb. 2001).
“” Neb. Rev. Stat. § 28-1213 (Reissue 1995) provides in relevant part: (7) Destructive devices shall mean: (a) Any explosive, incendiary, or poison gas (i) bomb, (ii) grenade .”
Neb. Rev. Stat. § 28-1213(7)(a): 1 case
State v. Joseph S., 698 N.W.2d 212 (Neb. Ct. App. 2005).
“ile court of Lancaster County, Nebraska, on February 12, 2004, alleging that Joseph was a juvenile as defined by § 43-247(2) for the reason that on or about January 23, 2004, Joseph intentionally engaged in conduct which constituted a substantial step in a course of conduct…”
Neb. Rev. Stat. § 28-1213(7)(a)(i): 2 cases
State v. Anthony P., 698 N.W.2d 457 (Neb. Ct. App. 2005).
“had in his possession a destructive device as defined in Neb. Rev. Stat. § 28-1213 (7) (Cum. Supp.”
State v. Joseph S., 698 N.W.2d 212 (Neb. Ct. App. 2005).
“ile court of Lancaster County, Nebraska, on February 12, 2004, alleging that Joseph was a juvenile as defined by § 43-247(2) for the reason that on or about January 23, 2004, Joseph intentionally engaged in conduct which constituted a substantial step in a course of conduct…”
Neb. Rev. Stat. § 28-1213(7)(a)(i)(I): 1 case
State v. Joseph S., 698 N.W.2d 212 (Neb. Ct. App. 2005).
“ile court of Lancaster County, Nebraska, on February 12, 2004, alleging that Joseph was a juvenile as defined by § 43-247(2) for the reason that on or about January 23, 2004, Joseph intentionally engaged in conduct which constituted a substantial step in a course of conduct…”
Neb. Rev. Stat. § 28-1213(7)(b): 2 cases
State v. Joseph S., 698 N.W.2d 212 (Neb. Ct. App. 2005).
“ile court of Lancaster County, Nebraska, on February 12, 2004, alleging that Joseph was a juvenile as defined by § 43-247(2) for the reason that on or about January 23, 2004, Joseph intentionally engaged in conduct which constituted a substantial step in a course of conduct…”
State v. Anthony P., 698 N.W.2d 457 (Neb. Ct. App. 2005).
“had in his possession a destructive device as defined in Neb. Rev. Stat. § 28-1213 (7) (Cum. Supp.”
Neb. Rev. Stat. § 28-1213(7)(b)(i): 1 case
State v. Joseph S., 698 N.W.2d 212 (Neb. Ct. App. 2005).
“ile court of Lancaster County, Nebraska, on February 12, 2004, alleging that Joseph was a juvenile as defined by § 43-247(2) for the reason that on or about January 23, 2004, Joseph intentionally engaged in conduct which constituted a substantial step in a course of conduct…”
Neb. Rev. Stat. § 28-1213(7)(b)(v): 1 case
State v. Joseph S., 698 N.W.2d 212 (Neb. Ct. App. 2005).
“ile court of Lancaster County, Nebraska, on February 12, 2004, alleging that Joseph was a juvenile as defined by § 43-247(2) for the reason that on or about January 23, 2004, Joseph intentionally engaged in conduct which constituted a substantial step in a course of conduct…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.