Unlawful possession of explosive materials, second degree; penalty.

(1) Except as provided in subsection (2) of this section, any person who is eligible to obtain a permit from the Nebraska State Patrol or has a valid educational, industrial, commercial, agricultural, or other legitimate need for a permit and who possesses or stores explosive materials without such a permit commits the offense of unlawful possession of explosive materials in the second degree. (2) The exclusions provided in subsection (2) of section 28-1215 shall be applicable to this section. (3) Unlawful possession of explosive materials in the second degree is a Class I misdemeanor.