Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1215 (2026)

Unlawful possession of explosive materials, first degree; exception; penalty

✓ current as of July 2026

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(1) Except as provided in subsection (2) of this section, any person who is ineligible to obtain a permit from the Nebraska State Patrol and who possesses or stores explosive materials commits the offense of unlawful possession of explosive materials in the first degree.

(2) Subsection (1) of this section shall not be applicable to any person transporting explosive materials in accordance with section 28-1235 or to any person who has obtained a permit from the Nebraska State Patrol to store or use such explosive materials or, in the case of a business enterprise, a permit to purchase such explosive materials.

(3) Unlawful possession of explosive materials in the first degree is a Class IV felony.

Notes of Decisions

Cited in 2 cases, 1987–2016 · leading case: State v. Vrtiska, 406 N.W.2d 114 (Neb. 1987).

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State v. Vrtiska, 406 N.W.2d 114 (Neb. 1987). · cites it 2× “” The second complaint charged Vrtiska with possession of explosive materials in violation of Neb. Rev. Stat. § 28-1215 (Reissue 1985), while the third charged that Vrtiska had received stolen property in violation of Neb.”

State v. Kirchhoff (Neb. Ct. App. 2016). · cites it 2× “BACKGROUND The State originally charged Kirchhoff by information on August 8, 2014, with possession with intent to deliver a controlled substance, a Class II felony, pursuant to § 28-416(1) and (2)(a) (count I); possession of a controlled substance (count II); and first degree…”

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