Unlawful sale, possession or transportation of explosives consists of:

1. A. knowingly selling or possessing any explosive or causing such explosive to be transported without having plainly marked in large letters in a conspicuous place on the box or package containing such explosive the name and explosive character thereof and the date of manufacture. For the purpose of this subsection, the term "explosive" is as defined in Section 2 [30-7-18 NMSA 1978] of the Explosives Act, but shall not include:

   1. (1) explosive materials in medicine and medicinal agents in the forms prescribed by the official United States pharmacopoeia or the national formulary;
   2. (2) small arms ammunition and components thereof;
   3. (3) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches and friction primers intended to be used solely for sporting, recreational or cultural purposes as defined in Section 921(a)(16) [§ 921(a)(4)] of Title 18 of the United States Code, or in antique devices as exempted from the term "destructive device" in Section 921(a)(4) [§ 921(a)(16)] of Title 18 of the United States Code; or
   4. (4) explosive materials transported in compliance with the regulations of the United States department of transportation and agencies thereof; or

2. B. knowingly transporting or taking any explosive upon or into any vehicle belonging to a common carrier transporting passengers. For the purpose of this subsection, the term "explosives" is as defined in Section 2 of the Explosives Act, but shall not include:

   1. (1) explosive materials in medicines and medicinal agents in the forms prescribed by the official United States pharmacopoeia or the national formulary;
   2. (2) small arms ammunition or components thereof; or

   3. (3) explosive materials transported in compliance with the regulations of the United States department of transportation and agencies thereof.

      Whoever commits unlawful sale, possession or transportation of explosives as set forth in Subsection A of this section is guilty of a petty misdemeanor.

      Whoever commits unlawful transportation of explosives as set forth in Subsection B of this section is guilty of a fourth degree felony.

History: 1953 Comp., § 40A-7-6, enacted by Laws 1963, ch. 303, § 7-6; 1981, ch. 246, § 7.

ANNOTATIONS

Cross references. — For possession of deadly weapon or explosive by prisoner, see 30-22-16 NMSA 1978.

Compiler's notes. — The reference to 18 U.S.C. § 921(a)(16) in Subsection A(3) seems incorrect, as that section deals with antique devices. Section 921(a)(4) of 18 U.S.C. deals with devices used for sporting, recreational or cultural purposes.

The reference to 18 U.S.C. § 921(a)(4) in Subsection A(3) seems incorrect, as that section deals with the definition of "destructive devices." Section 921(a)(16) of 18 U.S.C. deals with antique devices.

Applicability under former law. — Under former 40-15-1 and 40-15-2, 1953 Comp., relating to marking of explosives and transporting same on passenger cars, no restrictions were pronounced which would be applicable to movement of explosives by individuals or agencies of the state government. 1957 Op. Att'y Gen. No. 57-42.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Explosions and Explosives §§ 228 to 233.

35 C.J.S. Explosives § 12.