Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 754
Introduced by Wordekemper, 15.
Read first time January 07, 2026
Committee: Government, Military and Veterans Affairs
A BILL FOR AN ACT relating to explosives; to amend section 28-1229,1
Reissue Revised Statutes of Nebraska, and section 28-1239.01,2
Revised Statutes Supplement, 2025; to change provisions relating to3
permits issued by the Nebraska State Patrol for the storage, use, or4
purchase of explosives; to change provisions relating to application5
requirements to obtain a display permit for display fireworks from6
the State Fire Marshal; and to repeal the original sections.7
Be it enacted by the people of the State of Nebraska,8
LB754
2026
LB754
2026
-1-
Section 1. Section 28-1229, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
28-1229 (1) The Nebraska State Patrol shall have the authority to3
issue permits for: 4
(a) The storage of explosive materials; 5
(b) The use of explosive materials; and 6
(c) The purchase of explosive materials by business enterprises.7
(2) The Nebraska State Patrol shall not issue a permit to store or8
use explosive materials to any person who: 9
(a) Is under twenty-one years of age; 10
(b) Has been convicted in any court of a felony;11
(c) Is charged with a felony; 12
(d) Is a fugitive from justice; 13
(e) Is an unlawful user of any depressant, stimulant, or narcotic14
drug; 15
(f) Has been admitted as a patient or inmate in a public or private16
institution for the treatment of a mental or emotional disease or17
disorder within five years preceding the date of application;18
(g) Has no reasonable educational, industrial, commercial,19
agricultural, recreational, or other legitimate need for a permit to20
store or use explosive materials; 21
(h) Has been convicted in any court of a misdemeanor crime of22
domestic violence. This includes any misdemeanor conviction involving the23
use or attempted use of physical force committed by a current or former24
spouse, parent, or guardian of the victim or by a person with a similar25
relationship with the victim; 26
(i) Is subject to a court order restraining him or her from27
harassing, stalking, or threatening an intimate partner or child of such28
partner; or 29
(j) Is an alien illegally in the United States.30
(3) Upon filing of a proper application and payment of the31
LB754
2026
LB754
2026
-2-
prescribed fee, and subject to the provisions of sections 28-1213 to1
28-1239 and other applicable laws, the Nebraska State Patrol shall issue2
to such applicant a permit to store explosive materials if:3
(a) The applicant, including, in the case of a corporation,4
partnership, limited liability company, or association, any individual5
possessing, directly or indirectly, the power to direct or cause the6
direction of the management and policies of the corporation, partnership,7
limited liability company, or association, is not a person to whom the8
Nebraska State Patrol is prohibited to issue a permit under subsection9
(2) of this section; 10
(b) The applicant has not willfully violated any of the provisions11
of sections 28-1213 to 28-1239 or of 18 U.S.C. chapter 40; and12
(c) The applicant has a place of storage for explosive materials13
which meets such standards of public safety, based on the class, type,14
and quantity of explosive materials to be stored, and security against15
theft as prescribed in rules and regulations adopted and promulgated by16
the Nebraska State Patrol pursuant to sections 28-1213 to 28-1239 and by17
the Secretary of the Treasury of the United States pursuant to 18 U.S.C.18
chapter 40. 19
(4) A permit for the storage of explosive materials shall specify20
the class, type, and quantity of explosive materials which are authorized21
to be stored. It shall also specify the type of security required. A22
permit for the storage of explosive materials shall be valid for a period23
of three two years unless a shorter period is specified in the permit.24
(5) Upon filing of a proper application and payment of the25
prescribed fee, and subject to the provisions of sections 28-1213 to26
28-1239 and other applicable laws, the Nebraska State Patrol shall issue27
to such applicant a permit to use explosive materials if:28
(a) The applicant is an individual to whom the Nebraska State Patrol29
is not prohibited to issue a permit under subsection (2) of this section;30
(b) The applicant has not willfully violated any of the provisions31
LB754
2026
LB754
2026
-3-
of sections 28-1213 to 28-1239 or of 18 U.S.C. chapter 40;1
(c) The applicant has demonstrated and certified in writing that he2
or she is familiar with all published laws of this state and published3
local ordinances relating to the use of explosive materials applicable at4
the place or places he or she intends to use such explosive materials;5
(d) The applicant has demonstrated that he or she has adequate6
knowledge, training, and experience in the use of explosive materials of7
the class and type for which he or she seeks a users permit and has8
passed a qualifying examination, as prescribed by the Nebraska State9
Patrol, concerning the use of such explosive materials; and10
(e) The applicant has been fingerprinted and the fingerprints11
submitted to the Nebraska State Patrol for a criminal history record12
check. If no disqualifying record is located at the state level, the13
fingerprints shall be forwarded by the patrol to the Identification14
Division of the Federal Bureau of Investigation for a national criminal15
history record check. 16
(6) A permit for the use of explosive materials shall specify the17
class and type of explosive materials the permitholder is qualified to18
use. It shall be applicable to the permitholder and to any individual19
acting under his or her direct personal supervision. A permit may be20
issued for a single use of explosive materials or, when the applicant is21
engaged or employed in a business requiring the frequent use of explosive22
materials, for a period of not more than three two years.23
(7) Upon filing of a proper application and payment of the24
prescribed fees and subject to sections 28-1213 to 28-1239 and other25
applicable laws, the Nebraska State Patrol shall issue to a business26
enterprise a permit to purchase explosive materials if:27
(a) The business enterprise has a place of business in this state;28
(b) No individual possessing, directly or indirectly, the power to29
direct or cause the direction of the management and policies of the30
business enterprise is a person to whom the Nebraska State Patrol is31
LB754
2026
LB754
2026
-4-
prohibited to issue a permit under subsection (2) of this section;1
(c) An authorized officer of the business enterprise certifies that2
all explosive materials will be used on the date of purchase of such3
materials unless such business enterprise is in possession of a valid4
storage permit; and 5
(d) The business enterprise employs at least one employee having a6
valid use permit issued under this section. 7
(8) A permit for a business enterprise to purchase explosive8
materials shall specify the class and type of explosive materials which9
are authorized to be purchased. The class and type of explosive materials10
covered by such permit shall be the same as those specified in the use11
permit or permits issued to an employee or employees of the business12
enterprise. The permit may be issued for a period of up to three two13
years but shall become void if the business enterprise ceases to employ14
an individual having a valid use permit issued under this section for the15
class and type of explosive materials covered by the purchase permit of16
the business enterprise. 17
(9) If the applicant is an individual, an application for a permit18
issued under this section shall include the applicant's social security19
number. 20
Sec. 2. Section 28-1239.01, Revised Statutes Supplement, 2025, is21
amended to read: 22
28-1239.01 (1) No person shall conduct a public exhibition or23
display of display fireworks without first procuring a display permit24
from the State Fire Marshal. Such application for a display permit shall25
be accompanied by (a) proof of a permit for the use of explosive26
materials issued by the Nebraska State Patrol and (b) a fee of one27
hundred dollars to be remitted to the State Treasurer for credit to the28
State Fire Marshal Cash Fund. 29
(2) No display fireworks shall be sold or delivered by a licensed30
distributor to any person who is not in possession of an approved display31
LB754
2026
LB754
2026
-5-
permit. Sales of display fireworks to persons without an approved display1
permit shall be subject to sections 28-1213 to 28-1239.2
Sec. 3. Original section 28-1229, Reissue Revised Statutes of3
Nebraska, and section 28-1239.01, Revised Statutes Supplement, 2025, are4
repealed. 5
LB754
2026
LB754
2026
-6-