Possession of explosive or incendiary device in or near certain public or private areas: Penalty; exceptions

1. Except as otherwise provided in subsection 3, a person shall not possess any explosive or incendiary device or any explosive or incendiary material, substance or component that may be readily converted to an explosive or incendiary device: (a) In or upon any public street or highway in this state; (b) In or near any private habitation, public place or any place open to the public; or (c) In, on or near any public conveyance.

2. A person who violates subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130 .

3. This section does not prohibit a person from possessing any material, component, substance or device: (a) As required for the performance of his or her duties related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his or her duties; (b) In an amount which, if detonated or otherwise exploded, would not ordinarily cause substantial bodily harm to another person or substantial harm to the property of another; or (c) As part of a model rocket or engine for a model rocket that is designed, sold and used for the purpose of propelling a model rocket.