101A.3 - USER'S PERMIT -- HOW ISSUED -- VIOLATION.
101A.3 USER'S PERMIT -- HOW ISSUED -- VIOLATION.
1. User's permits to purchase, possess, transport, store, and
detonate explosive materials shall be issued by the sheriff of the
county or the chief of police of a city of ten thousand population or
more where the possession and detonation will occur. If the
possession and detonation are to occur in more than one county or
city, then such permits must be issued by the sheriff or chief of
police of each of such counties or cities, except in counties and
cities in which the explosives are possessed for the sole purpose of
transporting them through such counties and cities. A permit shall
not be issued unless the sheriff or chief of police having
jurisdiction is satisfied that possession and detonation of explosive
materials is necessary to the applicant's business or to improve the
applicant's property. Permits shall be issued only to persons who,
in the discretion of the sheriff or chief of police, are of good
character and sound judgment, and have sufficient knowledge of the
use and handling of explosive materials to protect the public safety.
The state fire marshal shall prescribe, have printed, and distribute
permit application forms to all local permit issuing authorities.
2. The user's permit shall state the quantity of explosive
materials which the permittee may purchase, the amount the permittee
may have in possession at any one time, the amount the permittee may
detonate at any one time, and the period of time during which the
purchase, possession, and detonation of explosive materials is
authorized. The permit shall also specify the place where detonation
may occur, the location and description of the place where the
explosive materials will be stored, if such be the case, and shall
contain such other information as may be required under the rules and
regulations of the state fire marshal. The permit shall not
authorize purchase, possession, and detonation of a quantity of
explosive materials in excess of that which is necessary in the
pursuit of the applicant's business or the improvement of the
permittee's property, nor shall such purchase, possession, and
detonation be authorized for a period longer than is necessary for
the specified purpose. In no event shall the permit be valid for
more than thirty days from date of issuance but it may be renewed
upon proper showing of necessity.
3. The user's permit may be revoked for any of the reasons
specified in section 101A.2, subsection 1, for suspension or
revocation of a commercial license.
4. It shall be unlawful for a person to willfully purchase,
possess, transport, store, or detonate explosive materials unless
such person is the holder of a valid permit issued pursuant to this
section or a valid license issued pursuant to section 101A.2.
5. The sheriff or the chief of police shall charge a fee of three
dollars for each permit issued. The money collected from permit fees
shall be deposited in the county treasury or the general fund of the
city. Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.3] Section History: Recent Form
83 Acts, ch 123, § 53, 209; 84 Acts, ch 1074, § 2
Referred to in § 101A.2, 101A.14, 331.427, 331.653