2006 Louisiana Laws - RS 40:1472.3 — License; manufacturer-distributor, dealer, user, or blaster of explosives

§1472.3.  License; manufacturer-distributor, dealer, user, or blaster of explosives

A.(1)  It shall be unlawful for any person to engage in the business of a manufacturer-distributor of or dealer in explosives or to acquire, sell, possess, store, or engage in the use of explosives in this state, except in conformity with the provisions of this Part.  Each manufacturer-distributor, dealer, user, or blaster, as such words are defined in R.S. 40:1472.2, shall possess a valid and subsisting license issued by the deputy secretary.

(2)  Any person operating as a blaster, as defined in this Part, who is solely engaged in the initiation of fireworks for public display and holds a valid pyrotechnic operator license or a pyrotechnic special effects operator license issued by the state fire marshal in accordance with R.S. 51:650 et seq., shall not be required to obtain a blaster's license.

B.  Each manufacturer-distributor, dealer, and user maintaining a storage magazine shall possess an additional license, as herein set forth, for each magazine.  Locations of such magazines shall be exactly reported to the deputy secretary in the application for such license.  Any change in such magazine locations shall be reported to the Department of Public Safety and Corrections, explosives control unit, in advance of the actual change.  Written notice of such location change shall be filed with the Department of Public Safety and Corrections, explosives control unit and the deputy secretary, not later than seven working days after such change is effected.  Type 3 portable magazines or "day boxes" used for taking detonators and other explosives from storage magazines to the blasting area are exempt from the licensing and location reporting requirements of this Subsection.

C.(1)  Licenses shall be required for the following and the fees therefor are as follows:

(a)  Manufacturer-distributor

$

100.00

(b)  Dealer

$

100.00

(c)  User

$

30.00

(d)  Magazine

$

20.00

(e)  Blaster

$

20.00

(2)  The nonrefundable fees in Paragraph (1) of this Subsection shall be submitted with the license application but shall not apply to Type 3 Magazines.

D.  Said licenses shall be issued by the deputy secretary  for one calendar year beginning with the date of issue.

E.  The forms of such licenses and applications therefor shall be prescribed by the deputy secretary and shall require such information and data as the deputy secretary deems appropriate.  No license shall be issued to a convicted felon.

F.  Repealed by Acts 2003, No. 161, §1.

G.  No license shall be issued by the deputy secretary pursuant to an application therefor unless it shall be determined that the purpose for which the applicant seeks a license falls within the purview of this Part and that such purpose is not violative of any other laws of this state.

H.  All explosives licensing fees collected pursuant to R.S. 40:1472.3 shall be dedicated to the Explosives Trust Fund for the use of the deputy secretary in the administration of this Part, and shall be deposited in a special fund to be established in the office of the state treasurer pursuant to the provisions of R.S. 40:1472.20.

I.  It shall be unlawful for any person in an application for a license required by Subsection A or B of this Section to knowingly make a false statement therein.  Whoever is convicted of violating the provisions of this Subsection shall be fined not less than fifteen hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.

J.  Whoever is convicted of violating Subsection A of this Section shall be fined not less than five thousand dollars nor more than twenty thousand dollars or imprisoned with or without hard labor for not less than five years nor more than ten years, or both.

K.  Whoever is convicted of violating Subsection B of this Section shall be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.

Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2003, No. 160, §1; Acts 2003, No. 161, §1; Acts 2003, No. 398, §1.