2006 New York Code - Licenses And Certificates.

 
    §  458.  Licenses  and certificates. 1. No person shall purchase, own,
  possess, transport or use explosives unless  a  license  therefor  shall
  have been issued as provided in this article.
    Application  for  such  a license shall be made to the commissioner on
  forms provided and shall contain such information  as  the  commissioner
  may  require.  Where  the  commissioner  finds  that  the  applicant has
  complied with the requirements of this article and the rules promulgated
  hereunder, the commissioner shall issue a  license  or  renewal  thereof
  which  shall  be  valid  for  one  year  from the date of issuance. Such
  application and each renewal thereof shall be accompanied by  a  fee  of
  fifty dollars non-refundable to be payable to the commissioner.
    2.  No  person  shall  manufacture,  deal in, sell, give or dispose of
  explosives unless a license therefor shall  have  been  issued  to  such
  person for that purpose by the commissioner as provided in this article,
  nor  shall  any  person  sell,  give  or  dispose  of  explosives to, or
  manufacture explosives for any person who does not  hold  a  license  as
  provided by subdivision one of this section.
    Application for such a license, which shall be renewed annually, shall
  be  made  to  the  commissioner on forms provided and shall contain such
  information as the commissioner may  require.  The  commissioner,  after
  investigation  of  the  application,  shall  issue  a license or renewal
  thereof, which shall be valid for one year from the  date  of  issuance,
  where  the  commissioner  finds that the applicant has complied with the
  requirements of this article and the rules promulgated  hereunder.  Each
  application for such a license, or for its renewal, shall be accompanied
  by  a  fee  of  one  hundred dollars non-refundable to be payable to the
  commissioner.
    3. No person shall keep  or  store  explosives  unless  a  certificate
  therefor  shall have been issued by the commissioner as herein provided,
  but this requirement shall not apply to the storage at any one  time  by
  farmers  of  two  hundred  pounds  or  less  of  blasting explosives for
  agricultural purposes.
    Application for such a certificate shall be made to  the  commissioner
  on forms provided and shall contain such information as the commissioner
  may  require. The commissioner, where it is found that the applicant has
  complied  with  the  requirements  of  this  article,  and   the   rules
  promulgated  hereunder and all other applicable sections of this chapter
  and  regulations  promulgated  by  the  commissioner,  shall   issue   a
  certificate or a renewal thereof, which shall be valid for one year from
  the  date of issuance. In addition to any other causes for revocation of
  a certificate hereinafter  provided,  the  commissioner  may  revoke  or
  modify  such  certificate  because of any change in the conditions under
  which it was granted, or for failure to pay the annual  fee  hereinafter
  provided.  The  owner  or  user  of a magazine shall annually pay to the
  commissioner in  advance  a  fee,  subject  to  the  discretion  of  the
  commissioner   and   not   less  than  fifty  dollars,  which  shall  be
  proportioned according to the quantity and type of explosives authorized
  by the certificate to be stored in the magazine.
    4.  An  application  for  a  license  or  a  certificate  pursuant  to
  subdivision  one,  two  or three of this section shall be sworn to under
  oath and shall contain information sufficient to identify the applicant,
  and the purpose for which and the place where the explosives are  to  be
  used,  manufactured, dealt in, given, disposed of or stored, as the case
  may be, and to demonstrate the eligibility of  such  applicant  for  the
  license  or certificate requested. The commissioner may require that the
  application include, among other things, photographs,  fingerprints  and
  personal  references.  Such  fingerprints  shall  be  submitted  to  the
  division of criminal justice  services  for  a  state  criminal  history
  record  check,  as  defined in subdivision one of section three thousand
  thirty-five of the education law, and may be submitted  to  the  federal
  bureau of investigation for a national criminal history record check.
    5.  Before  a license or certificate is issued, the commissioner shall
  investigate the eligibility of the  applicant.  The  commissioner  shall
  have the authority to request and receive from any department, division,
  board,  bureau,  commission  or  agency of the state or local government
  thereof such assistance and information as will enable him properly  and
  effectively to carry out his powers and duties under this article.
    6.  (a)  The  investigation  prescribed  in  subdivision  five of this
  section may include, but is not limited to the following:
    (1) a personal interview of the applicant by a designated agent of the
  commissioner if the commissioner is unable to make  a  determination  on
  the basis of the factors contained in the application;
    (2)  an  examination  as to the applicant's knowledge and ability with
  respect  to  basic  safety  precautions  in  the  possession,  handling,
  storage,  and  transportation  of  explosives,  and for such purpose the
  commissioner may prescribe tests which the applicant shall  be  required
  to pass as a prerequisite to the issuance of the license or certificate.
  The  test  may be administered by any person or agency designated by the
  commissioner.
    (b) The investigation prescribed in subdivision five of  this  section
  shall  include  a  report  from  the  New  York state identification and
  intelligence system, and such other identification services of the state
  or federal government as  may  be  necessary  or  appropriate  for  this
  purpose.
    7.  The  commissioner  may  waive  any  of the procedures set forth in
  subdivision six (a) of this section with respect to  any  applicant  who
  has  a  license or certificate which was issued pursuant to this section
  at anytime prior to March first, nineteen hundred seventy, and which was
  legally valid and effective on such  date.  The  commissioner  also  may
  waive  fingerprinting  of  an  applicant  who  has a valid license for a
  pistol or revolver in accordance with section 400.00 of the penal law.
    8. Exceptions. Except for the provisions of subdivision  eleven,  this
  section shall not apply to smokeless powder.
    9.  Within  thirty days after the issuance of a license or certificate
  under this section, the commissioner shall notify  the  chief  executive
  officer  of  the  municipality  where  the licensee resides or where the
  certificate holder has his place of business of  the  issuance  of  such
  license  or  certificate,  and  provide  such  officer  with  such other
  information pertaining thereto as  the  board  may  from  time  to  time
  prescribe.
    10.  Agencies  of  the  United States, the state and its political and
  civil subdivisions which are subject to the requirements of this article
  and which, in the exercise of their functions, are required to purchase,
  own, store, use or transport explosives shall  not  be  liable  for  the
  payment of any fee required by this section.
    11.  No  explosives  shall  be  sold, given or delivered to any person
  under eighteen years of age, whether such person is acting  for  himself
  or  for  another person, nor shall any such person be eligible to obtain
  any license or certificate required under this section.