§ 7101 — Scope

This chapter is intended to supplement the requirements of any federal laws and regulations promulgated by any federal department or agency. This chapter shall apply to the sale, purchase, possession, receipt, transportation and use of explosive materials as provided herein, but shall not apply to:

(1) Explosive materials while in the course of transportation via railroad, water, highway or air when the explosive materials are moving under the jurisdiction of and in conformity with regulations adopted by any federal department or agency;

(2) The laboratories of schools, colleges and similar institutions when confined to the purpose of instruction or research, or to explosive materials in the forms prescribed by the official United States Pharmacopoeia or the National Formulary and used in medicines and medicinal agents;

(3) The normal and emergency operations of any government, including all departments, agencies and divisions thereof, provided they are acting in their official capacity and in the proper performance of their duties or functions;

(4) Explosive materials for delivery to any government or any departments, agencies and divisions thereof;

(5) Pyrotechnics commonly known as fireworks, including signaling devices such as flares, fuses and torpedoes;

(6) Small arms ammunition and components therefor, which are subject to the Gun Control Act of 1968 [18 U.S.C. § 921 et seq.] and regulations promulgated thereunder;

(7) Gasoline, fertilizers and propellant-actuated power devices or tools;

(8) Any type of black powder in quantities of less than 5 pounds.

Legislative History

16 Del. C. 1953, § 7101; 58 Del. Laws, c. 498, § 1