EXPLOSIVES AND EXPLOSIVE SUBSTANCES

RSA tit. XII, ch. 158

in effect

RSA 158:9 Possession of Explosives.

158:9. Possession of Explosives. No person shall leave, deposit or have in his custody or possession in any building used in whole or in part as a dwelling house, tenement house, apartment building, office building, shop or store, or in or within 500 feet of any building used in whole or in part as a school, theater, church, public building or other place of public assembly, any high explosive, such as and including dynamite, any explosive compound of which nitroglycerin forms a part, fulminate in bulk or dry condition, blasting caps, detonating fuses, black powder or other similar explosive, except as may be permitted by regulations issued pursuant to RSA 158. Whoever violates the provisions of this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Source. 1885, 96:1. PS 117:11. PL 148:9. RL 177:9. RSA 158:9. 1955, 190:2. 1973, 529:29. 1977, 361:12, eff. July 1, 1977.

RSA 158:9-a Acts Unlawful.

158:9-a. Acts Unlawful. I. No person shall purchase, store, or transport or attempt to purchase, store or transport any high explosive without first obtaining a license therefor as provided in RSA 158:9-b. II. No person shall sell any high explosive to another unless the purchaser exhibits a license to purchase obtained as provided in RSA 158:9-b. In such case, the seller shall record the name and address of the purchaser, the license number, the date of the sale, the type and quantity of explosive sold, the serial number of said explosive, if any, and the purpose for which it is to be used. Said record shall be kept by the seller for a period of 2 years. III. No person shall store or keep any high explosive unless such explosive is stored or kept in accordance with regulations pursuant to RSA 158:9-f. IV. Notwithstanding the provisions of paragraph I, any employee of any person, firm, corporation or association whose usual business requires the use of any high explosive may transport the same in the course of his employment if the employer has obtained a license in its name as provided in RSA 158:9-b. V. Notwithstanding the provisions of paragraph II, any employee of any person, firm, corporation or association whose usual business requires the use of any high explosive may purchase the same in the name of his employer if said employer has obtained a license in its name as provided in RSA 158:9-b. In such case, the seller shall record the name, address and license number of the employer, the name and address of the employee, the date of the sale, the type and quantity of explosive, the serial number of the explosive sold, if any, and the purpose for which it is to be used. Said record shall be kept by the seller for a period of 2 years. VI. For the purposes of this section, the term "high explosive" shall mean and include dynamite, any explosive compound of which nitroglycerin forms a part, fulminate in bulk or dry condition, blasting caps, detonating fuses, blasting powder, blasting agents or other similar explosive but shall not include black powder used in sporting rifles purchased or sold in quantities of 50 pounds or less or stored in quantities of 5 pounds or less. Source. 1970, 45:1. 1977, 361:6, eff. July 1, 1977.

RSA 158:9-b Application.

158:9-b. Application. I. Upon application of any resident or non-resident, the commissioner of safety, or some person designated by the commissioner, shall issue a license to such applicant authorizing the applicant to use, purchase and transport explosives in this state for not more than 2 years from the date of issue, if the applicant has a certificate of competency pursuant to RSA 158:9-h, has any proper purposes, and the applicant is a suitable person to be licensed. The license shall be in duplicate and shall bear the name, address, description and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the commissioner. The license shall be issued within a reasonable time after application therefor, and, if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety. I-a. Upon application of any corporation, partnership, or similar entity, the commissioner of safety, or designee, shall issue a license to a corporation, partnership, or similar entity authorizing the use, purchase, and transport of explosives in this state for not more than 2 years from the date of issue, if an employee of such corporation, partnership, or similar entity has a certificate of competency pursuant to RSA 158:9-h. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the commissioner. The license shall be issued within a reasonable time after application therefor, and if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety. II. Upon application of any person, the commissioner of safety, or some person designated by the commissioner, shall issue a license to such applicant authorizing the applicant to store explosives in this state for not more than one year from the date of issue. The license shall be in duplicate and shall bear the name, address, description and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the commissioner. The license shall be issued within a reasonable time after application therefor, and, if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety. III. Upon application of any person, the commissioner of safety, or some person designated by the commissioner, shall issue a license to such applicant authorizing the applicant to sell or market explosives in this state for not more than one year from the date of issue. The license shall be in duplicate and shall bear the name, address, description and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the commissioner. The license shall be issued within a reasonable time after application therefor, and, if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety. IV. Upon application of any person, commissioner of safety, or designee, shall issue a license to such applicant authorizing the use, purchase, and transport of black powder and other flash powders, in excess of 50 pounds, for the use of fireworks manufacturing, if the applicant has a certificate of competency pursuant to RSA 158:9-f, has any proper purpose, and the applicant is a suitable person to be licensed. For the purposes of any corporation, partnership, or other similar entity, the applicant must be an employee who fulfills all other criteria under this section. The use, purchase, and transport license for black powder or flash powders shall not be issued for more than 2 years from the date of issuance. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the commissioner. The license shall be issued within a reasonable time after application therefor, and if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety. Source. 1970, 45:1. 1977, 361:7. 2002, 280:2, eff. July 17, 2002. 2015, 60:1, eff. Aug. 1, 2015.

RSA 158:9-c Fees and Disposition.

158:9-c. Fees and Disposition. I. The fee for licenses issued under RSA 158:9-b, I shall be $100. II. The fee for licenses for explosives storage facilities as defined by federal regulation in 27 C.F.R. section 181 shall be as follows: (a) For a type I storage facility, a fee of $50; (b) For a type II outdoor storage facility, a fee of $50, and for a type II indoor storage facility, a fee of $10; (c) For a type IV outdoor storage facility, a fee of $50, and for a type IV indoor storage facility, a fee of $10; (d) For a type V outdoor storage facility, a fee of $50, and for a type V indoor storage facility, a fee of $10; (e) There shall be no license required for a type III storage facility. III. The fee for licenses issued under RSA 158:9-b, III shall be $100. III-a. There shall be a storage facility fee for a storage permit issued by the commissioner of safety for the storage of display fireworks as defined in 27 C.F.R. section 555.11, packaged or unpackaged. This fee shall be the same as that provided under paragraph II(a) through (e). IV. All fees received under this section shall be used for administration and enforcement, any excess to be deposited as unrestricted general fund revenue. V. The state, county, or municipal governments or units thereof shall be exempt from the payment of license fees under this chapter. VI. There shall be a fee of $100 for any competency examination or renewal certificate given under this subdivision. Source. 1970, 45:1. 1977, 361:8. 1987, 323:1, 2. 1988, 292:1, 2. 1999, 348:1. 2002, 280:3. 2008, 192:8, 9. 2011, 160:1, eff. June 14, 2011. 2015, 60:2, 3, eff. Aug. 1, 2015.

RSA 158:9-d License Forms.

158:9-d. License Forms. The commissioner of safety is hereby authorized and directed to prepare forms for the licenses required by RSA 158:9-a. Source. 1970, 45:1. 1977, 361:9, eff. July 1, 1977. 2015, 60:4, eff. Aug. 1, 2015.

RSA 158:9-e Penalties.

158:9-e. Penalties. I. Any person convicted of violating the provisions of RSA 158:9-a, I and II shall be guilty of a misdemeanor for first and second offense and of a felony for any subsequent offense. II. Any person convicted of violating the provisions of RSA 158:9-a, III or regulations promulgated pursuant thereto shall be guilty of a misdemeanor for first and second offense and of a felony for any subsequent offense. III. Any person convicted of larceny of any high explosive as defined in RSA 158:9-a, IV, shall be guilty of a class B felony. IV. The director, or his designee, shall have the authority to, at the owner's expense, require the immediate removal to a safe and secure location, any explosive found to be kept in violation of any rule or regulation covered under RSA 158 provided that said violation constitutes an immediate threat to public safety. The director shall also have the authority to suspend or revoke any license issued under RSA 158:9-b when it has been determined by a hearing board, the members of which shall be designated by the commissioner of safety, that a violation of any of the requirements of RSA 158 has occurred. Source. 1970, 45:1. 1973, 528:77. 1977, 361:10, eff. July 1, 1977.

RSA 158:9-f Rules; Enforcement.

158:9-f. Rules; Enforcement. I. The commissioner of safety may adopt rules pursuant to RSA 541-A relative to: (a) The sale, storage, handling, transportation, inspection, administration, and use of explosives, including provisions relative to the purchase of insurance by commercial entities. (b) The procedures for the sale, storage, handling, transportation, inspection, administration, permit fees, and use of display fireworks to be followed by the licensing board of any city or town, or if a duly constituted licensing board does not exist, the chief of police of a city or town, if any, or the governing board of a town, city, or village district, when issuing permits for the sale or display of display fireworks pursuant to RSA 160-B. Rules adopted pursuant to this subparagraph shall include a requirement that no person may be issued a display permit for display fireworks unless the person has previously demonstrated his or her competence to handle such displays and has been issued a certificate of competency by the department of safety. (c) The purchase of insurance by commercial entities, relative to the sale, storage, handling, transportation, inspection, administration, and display of display fireworks. II. The commissioner of safety or his or her designee shall enforce all laws of the state relative to the sale, storage, handling, transportation, inspection, administration, and use of explosives and display fireworks and rules adopted under this section. The commissioner of safety or his or her designee shall assist the several counties, cities, towns, village districts, and precincts in supervising and enforcing local laws, bylaws, and ordinances where existent, relative to the storage, transportation, sale, and use of explosives and display fireworks. The powers and duties authorized by this section shall not be restricted by the provisions of RSA 106-B:15. III. As used in this section "display fireworks" shall mean the same as display fireworks defined in 27 C.F.R. section 555.11, packaged or unpackaged. Source. 1977, 361:11. 1987, 323:3. 1988, 292:3, 4. 1991, 286:3. 1999, 348:2. 2011, 160:1, eff. June 14, 2011. 2015, 60:5, eff. Aug. 1, 2015.

RSA 158:9-g Availability of Information.

158:9-g. Availability of Information. Except as provided in this section, all records and papers pertaining to licenses issued pursuant to RSA 158:9-b and any hearing conducted pursuant to RSA 158:9-e, IV, shall be open to the inspection of any person. Notwithstanding any other law to the contrary, the commissioner of safety may refuse to release any information or may exclude the public from any portion of a hearing if he determines that the information or hearing concerns the storage of explosives or other matters which, if made available to the public, would jeopardize public safety. Source. 1979, 106:2. 1987, 20:1, eff. June 6, 1987.

RSA 158:9-h Certificates of Competency for Explosives.

158:9-h. Certificates of Competency for Explosives. I. No person shall use explosives unless at least one natural person with a current and valid certificate of competency is physically present to conduct the blasting operation. A certificate of competency shall not constitute a license under RSA 158:9-b but shall be in addition to any other license required under that section. II. No natural person shall conduct blasting operations without a current certificate of competency issued by the commissioner of safety and valid for the category of use involved. Such certificate shall be valid for 4 years from the date of issue unless suspended or revoked by the commissioner. III. The commissioner of the department of safety shall adopt rules, pursuant to RSA 541-A, establishing the categories of certificates of competency based on the use of the explosives and the procedure and criteria for issuing, renewing, suspending, and revoking such certificates. IV. Any person convicted of violating the provisions of RSA 158:9-h, I, and any natural person convicted of violating RSA 158:9-h, II, shall be guilty of a misdemeanor for the first and second offense and of a felony for any subsequent offense. V. The fee for a certificate of competency or its renewal shall be as stated in RSA 158:9-c, VI. Source. 1995, 226:13, eff. Aug. 13, 1995. 2015, 60:6, eff. Aug. 1, 2015.

RSA 158:11 With Passengers.

158:11. With Passengers. It shall be unlawful to transport, carry or convey, from one place to another in this state, any dynamite, gunpowder or other explosive on any vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire by railroad or on the public waters of the state; provided, that it shall be lawful to transport on any such vessel or vehicles small arms ammunition in any quantity, and such fuses, torpedoes, rockets or other signal devices as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of 1/2 pound each, and not exceeding 20 samples at one time in a single vessel or vehicle, but such samples shall not be carried in that part of a vessel or vehicle which is intended for transportation of passengers for hire. Nothing in this section shall prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment vessels or vehicles. Source. 1913, 128:1. PL 148:11. RL 177:11. RSA 158:11. 1955, 190:3, eff. June 9, 1955.

RSA 158:16 Marking.

158:16. Marking. Every package containing explosives or other dangerous articles, when presented to a common carrier for shipment, shall have the contents plainly marked on the outside thereof; and it shall be unlawful for any person to deliver, or cause to be delivered, to any common carrier any explosive or other dangerous article under any false or deceptive marking, description, invoice, shipping order or other declaration, or without informing the agent of such carrier of the true character thereof, at or before the time such delivery or carriage is made. Source. 1913, 128:4. PL 148:16. RL 177:16.

RSA 158:17 Penalty.

158:17. Penalty. Any person who shall knowingly violate, or cause to be violated, any provision of this subdivision, or any regulation made by the commissioner of transportation in pursuance thereof, shall, except as otherwise provided, be guilty of a class B felony if a natural person, or guilty of a felony if any other person. Source. 1913, 128:4. PL 148:17. RL 177:17. RSA 158:17. 1973, 528:78, eff. Oct. 31, 1973 at 11:59 p.m.

RSA 158:18 Personal Injury.

158:18. Personal Injury. When the death or bodily injury of any person is caused by the explosion of any article named in this subdivision, while the same is being placed upon any vessel or vehicle to be transported in violation hereof, or while the same is being so transported, or while the same is being removed from such vessel or vehicle, the person knowingly placing, or aiding or permitting the placing, of such articles upon any such vessel or vehicle, to be so transported, shall be guilty of a class A felony. Source. 1913, 128:5. PL 148:18. RL 177:18. RSA 158:18. 1973, 528:79, eff. Oct. 31, 1973 at 11:59 p.m.

RSA 158:19 Control of Explosives.

158:19. Control of Explosives. Whenever in his judgment the common defense of public safety of the state requires such action, the governor is hereby authorized to direct the adjutant general of this state to control the storage, sale, and use of explosives, except small arms ammunition, for the purpose of preventing such explosives from endangering the public safety by coming into the possession of unfriendly forces, domestic or foreign, and for the purpose of advising the military, naval, and civil defense authorities of this state of the quantities and location of such explosives for use in the common defense of this state. Upon the governor so directing, the adjutant general is hereby authorized to promulgate regulations requiring dealers to register their stocks and sales of such explosives, and requiring boards of firewards, police officers, or selectmen, as the case may be, to assist in such control measures as he shall institute in the exercise of this authority. No records of the location and amounts of explosives compiled by the adjutant general hereunder shall be deemed public records, but shall be subject to such security classification and restricted to such military, naval, and civil defense uses as the adjutant general, with the approval of the governor and council, may prescribe. Source. 1951, 204:1, eff. Aug. 7, 1951.

RSA 158:23 Prohibition.

158:23. Prohibition. It shall be unlawful for any person, firm or corporation to offer for sale, manufacture for sale, expose for sale at retail, or rent to the general public or dispose of by gift as premiums or in any similar manner, any material, devices, appliances or equipment requiring electrical energy to function and designed for household or other domestic uses which are not in conformity with standard approved methods of construction for safety to life and property. Source. 1957, 192:1, eff. Aug. 20, 1957.

RSA 158:24 Authority.

158:24. Authority. To carry out the provisions of this chapter, the state fire marshal is authorized to take such actions as he may deem necessary to inform the public of the intent and purposes of this chapter and to adopt such rules, under RSA 541-A, as may be required for its effective enforcement. Source. 1957, 192:1. 1987, 124:8, eff. July 1, 1987.

RSA 158:25 Penalty.

158:25. Penalty. Any person who violates any of the provisions set forth in this subdivision shall be guilty of a misdemeanor. Source. 1957, 192:1. 1973, 528:81, eff. Oct. 31, 1973 at 11:59 p.m.

RSA 158:26 Sale and Use.

158:26. Sale and Use. No person or individual shall sell, utilize, install or have installed within this state equipment, devices or methods whereby fence wires may be energized with electricity unless a standard type of controller is used which has the approval of the Underwriters Laboratories or the state fire marshal's office, or both. All existing fence controllers shall conform to the requirements of this section not later than one year from January 1, 1968. Enforcement of this section shall be the responsibility of the fire control board. Source. 1967, 135:1, eff. Jan. 1, 1968.

RSA 158:27 Penalty.

158:27. Penalty. Any person who violates the provisions of RSA 158:26 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Source. 1967, 135:1. 1973, 530:14, eff. Oct. 31, 1973 at 11:59 p.m.

RSA 158:28 Sale or Installation of Heaters.

158:28. Sale or Installation of Heaters. I. For the purposes of this section, "unvented space heater" means any heating appliance, either wick, wickless, or pot burner type, which uses oil, gas, or kerosene for fuel, is either stationary or portable, and the products of combustion of which are not directly conducted to the outside of the building via a chimney connector pipe. II. No person shall sell, offer for sale, install, or operate an unvented space heater that does not comply with the standards established pursuant to this section. Nothing in this section shall prevent the sale, installation, or use of: (a) Flameless catalyst type heaters; or (b) Unvented space heaters used as antiques or curios, provided they are rendered inoperative. III. The commissioner of safety shall adopt rules, pursuant to RSA 541-A, relative to: (a) Approval, installation, and operation of unvented space heaters. (b) Safekeeping, safe storage, and safe handling of any fuel recommended by the manufacturer of any approved unvented space heater for use in such space heater. IV. The state fire marshal may test or cause to be tested, at the expense of the manufacturer, any type or brand of unvented space heater proposed for sale or distribution in this state to ensure that such heater meets the standards established pursuant to this section. V. Any person who violates this section or any rule adopted pursuant to this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Source. 1971, 400:1. 1973, 530:15. 1979, 398:4. 1982, 40:1. 1998, 104:1, eff. Jan. 1, 1999.

RSA 158:29 Definitions.

158:29. Definitions. For the purpose of this subdivision: I. "Detonators" shall mean any devices for the purpose of exploding an explosive charge and shall include blasting caps, blasting caps with safety fuse, electric blasting caps, detonating fuses, primers, boosters and igniters. II. "Primers, percussion fuses, combination fuses and time fuses" shall mean devices used to ignite powder charges of ammunition or the black powder bursting charges of projectiles. III. "Explosive bombs" shall mean containers filled with explosives and provided with a detonating device. IV. "Detonating fuse" shall mean a fuse containing high explosives of sufficient strength to detonate other high explosives lying alongside and explode the entire charge almost instantaneously through its whole length. V. "Boosters" shall mean casings containing several ounces of a high explosive used to increase the intensity of explosion of the detonator of a detonating fuse. VI. "Delay electric igniters" shall mean small metal tubes containing a wire bridge in contact with a small quantity of ignition compound. VII. "Fuse lighters" shall mean small cylindrical hollow pasteboard or metal tubes containing an igniting composition in one end, the other being open. VIII. "Blasting caps" shall mean thin metal shells containing dry fulminate of mercury or other similar substance either alone or in combination with fulminate of mercury and fired by a slow-burning safety fuse, or arranged to be fired by an electric current. IX. "Tracer fuses" shall mean devices attached to projectiles and containing a slow-burning composition. X. "Electric squibs" shall mean small tubes or blocks containing a small quantity of ignition compound in contact with a wire bridge. XI. "Explosives", "high explosive" or "explosive substance" shall mean any material or container containing a chemical compound or mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing or combustible materials or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, or detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressure is capable of producing destructive effects on contiguous objects. This definition shall not include the components for hand loading rifle, pistol, and shotgun ammunition and or rifle, pistol, and shotgun ammunition. XII. "Infernal machine" shall mean any device which would endanger life or do damage to property, or both, by fire or explosion, whether or not contrived to ignite or explode automatically and whether or not disguised so as to appear harmless. Source. 1973, 419:1. 2002, 280:4, eff. July 17, 2002.

RSA 158:30 Classes of Explosives.

158:30. Classes of Explosives. I. Class A explosives or so-called dangerous explosives shall include: ammunition for cannon with explosive projectile; explosive projectiles; explosive grenades; explosive bombs; explosive mines; explosive torpedoes; rocket ammunition; chemical ammunition; explosive boosters; jet thrust units (JATO), class A; detonating primers; detonating fuses, boosters, or other detonating fuse parts containing an explosive; cartridge bags empty, with black powder igniters; percussion, tracer, combination time fuses and tracers; nitroglycerine blasting caps and electric blasting caps in quantity exceeding 1,000 caps in the aggregate; dynamite; T.N.T. (trinitrotoluene); fulminate of mercury; ammonia nitrate, when stored with, transported with, or used with explosives, or with any substance which, when mixed with ammonium nitrate, creates an explosive; or any substance highly susceptible to detonation or otherwise of a maximum hazard. II. Class B explosives or so-called flammable hazards shall include: ammunition for cannon with empty projectiles, inert loaded projectiles, solid projectiles, or without projectiles or shell; rocket ammunition; jet thrust units (JATO), Class B; or any other substance highly susceptible to detonation. III. Class C explosives or so-called minimum hazards shall include: explosives cable cutters; empty grenades, primed; explosive rivets; blasting caps and electric blasting caps, not exceeding 1,000 caps; smokeless powder; small arms ammunition; igniters; delay igniters or fuse lighters; ammunition for cannon; ammunition for small arms with explosive bullets or explosive projectiles; black powder; primers. Source. 1973, 419:1, eff. Aug. 29, 1973.

RSA 158:31 Duties of Certain Officials.

158:31. Duties of Certain Officials. I. Heads of police and fire departments in cities and towns shall investigate the cause and circumstances of every explosion in their respective jurisdictions by which property has been destroyed or damaged, especially to ascertain whether it was caused by carelessness or design. They shall begin such investigation forthwith after such explosion, and if it appears to the official making such investigation that the explosion is of suspicious origin or is the result of a violation of law, or if the department head is unable to determine the cause, he or she shall immediately notify the director of the division of state police. II. For the purposes of statistical reporting and intelligence information gathering, criminal threats which are conveyed by any means of communication and which involve the potential use of any explosive device, radiological or nuclear material, or any chemical or biological agent, military or otherwise, or any combination of such agents or materials, shall be reported to the director of the division of state police. Source. 1973, 419:1. 2002, 280:5, eff. July 17, 2002.

RSA 158:32 Possession of Bomb or Explosive; Penalty.

158:32. Possession of Bomb or Explosive; Penalty. No person shall have in his possession or under his control any high explosive Class A as defined in RSA 158:30, I, or any bomb manufactured from any substance or device as defined in RSA 158:30, I-III, contrary to the provisions of this chapter or any rule or regulation made thereunder. Whoever violates the provisions of this section shall be subject to the following penalty: I. If the offense occurs prior to November 1, 1973, he shall be fined not more than $1,000 or imprisoned for not more than 21/2 years, or both. II. If the offense occurs on or after November 1, 1973, he shall, if a natural person, be guilty of a Class B felony, and any other person shall be guilty of a felony. III. Any bomb or explosive found in possession or under the control of a person violating the provisions hereof shall be forfeited to the state. Source. 1973, 419:1, eff. Aug. 29, 1973.

RSA 158:33 Notice of Seizure.

158:33. Notice of Seizure. Notice of the seizure of any bomb or explosive found in the possession or under the control of any person in violation of RSA 158:32 shall immediately be sent to the director of state police by the officer making the seizure, and upon final conviction of such person, such bomb or explosive shall be adjudged forfeited to the state and safely delivered to the director of state police or his authorized representative and disposed of at his discretion. Source. 1973, 419:1, eff. Aug. 29, 1973.

RSA 158:34 Malicious Explosion; Penalty.

158:34. Malicious Explosion; Penalty. Whoever willfully, intentionally and without right, by the explosion of gunpowder or of any other explosive, unlawfully damages or destroys property or injures a person, shall be subject to the following penalty: I. If the offense occurs prior to November 1, 1973, he shall be fined not more than $1,000 or imprisoned in the state prison for not more than 20 years, or both. II. If the offense occurs on or after November 1, 1973, he shall, if a natural person, be guilty of a Class A felony, and any other person shall be guilty of a felony. Source. 1973, 419:1, eff. Aug. 29, 1973.

RSA 158:35 Possession of Infernal Machine; Penalty.

158:35. Possession of Infernal Machine; Penalty. Whoever, other than a police or other law enforcement officer acting in the discharge of his official duties, or fire or military personnel while in performance of their duties, has in his possession or under his control an infernal machine or a similar instrument, contrivance, or device shall be subject to the following penalty: I. If the offense occurs prior to November 1, 1973, he shall be fined not more than $1,000 or imprisoned in the state prison for not more than 10 years, or both. II. If the offense occurs on or after November 1, 1973, he shall, if a natural person, be guilty of a Class A felony, and any other person shall be guilty of a felony. III. The said machine, instrument, contrivance, or device shall be forfeited to the state. Notice of the seizure of any such machine, instrument, contrivance or device shall be sent forthwith to the director of state police and the article seized shall be subject to his order. Source. 1973, 419:1, eff. Aug. 29, 1973.

RSA 158:36 Throwing or Placing of Explosives; Penalty.

158:36. Throwing or Placing of Explosives; Penalty. Whoever willfully and intentionally throws at or near any person and whoever willfully, intentionally and without right throws into, against or upon, any property real or personal, or puts, places or explodes or causes to be exploded in, upon or near such property, or near any person, the following: gunpowder or other explosive, or a bombshell, torpedo or other instrument filled or loaded with an explosive; with an intent unlawfully to destroy or damage property or to injure any person, or whoever has in his possession or under his control such an article or instrument with such intent, shall be subject to the following penalty: I. If the offense occurs prior to November 1, 1973, he shall be fined not more than $5,000 or imprisoned in the state prison for not more than 20 years, or both. II. If the offense occurs on or after November 1, 1973, he shall, if a natural person, be guilty of a Class A felony, and any other person shall be guilty of a felony. Source. 1973, 419:1, eff. Aug. 29, 1973.

RSA 158:37 Use of Molotov Cocktail; Penalty.

158:37. Use of Molotov Cocktail; Penalty. Whoever makes, sells, uses or has in his possession or under his control a bottle or other breakable container containing a flammable liquid into which has been fixed or placed a wick or similar device, and which bottle or container when ignited and thrown will cause a fire or explosion, shall be subject to the following penalty: I. If the offense occurs prior to November 1, 1973, he shall be fined not more than $1,000 or imprisoned for not more than 21/2 years, or both. II. If the offense occurs on or after November 1, 1973, he shall, if a natural person, be guilty of a Class B felony, and any other person shall be guilty of a felony. The provisions of this section shall not apply to flares, lanterns, fireworks or other such devices used for signal or illumination purposes, or items used for any other lawful purpose. Source. 1973, 419:1, eff. Aug. 29, 1973.

RSA 158:38 False Reports as to Explosives.

158:38. False Reports as to Explosives. Any person who knowingly communicates a report known by him to be false regarding the location of an explosive or other similar dangerous substance or contrivance, thereby causing anxiety, unrest, fear, or personal discomfort to any person, shall be guilty of a class B felony. Source. 1973, 419:1. 1981, 553:1, eff. Aug. 29, 1981.

RSA 158:38-a Placement of Simulated Explosives.

158:38-a. Placement of Simulated Explosives. Any person who places or causes the placement of any device simulating an explosive or other similar dangerous substance or contrivance in any location, thereby causing anxiety, unrest, fear, or personal discomfort to any person, shall be guilty of a class A felony. Source. 1981, 553:2, eff. Aug. 29, 1981.

RSA 158:39 Exceptions.

158:39. Exceptions. I. Nothing contained in this subdivision shall apply to the regular military or naval forces or coast guard of the United States, or any federal agency, or the duly authorized militia of this state, nor to the police or fire departments of this state, provided they are acting within their official capacity and in the proper performance of their duties. II. Nothing contained in this subdivision shall apply to explosives while being transported by certified carriers in motor vehicles, railroad cars, or vessels in conformity with the regulations adopted by the federal government. III. Nothing contained in this subdivision shall apply to black powder used by an association or nonprofit entity organized to conduct historical reenactments, portrayals, or demonstrations, or to the storage of up to 50 pounds of black powder by such an association or entity, provided that no more than 50 pounds of black powder is contained in a type 4 magazine as defined in 27 C.F.R. 55.203 and 27 C.F.R. 55.210(b) located at least 50 feet from an occupied dwelling in such a way as to be secure from unauthorized persons. The location of such magazine shall be registered with the local fire department and such information shall be for local fire department or local law enforcement use only. Source. 1973, 419:1. 2007, 70:1, eff. June 11, 2007; 183:2, eff. June 11, 2007 at 12:01 a.m.

RSA 158:40 Exceptions and Exemptions Not Required to be Negated.

158:40. Exceptions and Exemptions Not Required to be Negated. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained herein, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant. Source. 1987, 181:1, eff. May 12, 1987.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XII-158.htmFetched: 10/20/2026