2006 New York Code - Seizure, Impounding, Destruction Or Disposition Of Explosives.

 
    §  460. Seizure, impounding, destruction or disposition of explosives.
  1.  The  commissioner  is  hereby  authorized  and  empowered,   without
  application  to  any  court,  to  seize and impound any explosives found
  within this state, except in cities having a population of more than one
  million inhabitants, which are in  apparent  violation  of  any  of  the
  provisions of this article, rules of the board or laws or regulations of
  the  federal  government, or which have been abandoned or lost, or where
  the commissioner has reason to believe that public safety is  endangered
  by  such  explosives.  Such explosives may be removed and transported by
  the commissioner and stored in magazines provided or obtained  for  that
  purpose by the state or by the commissioner.
    2. The owner of such explosives may, within five days of such seizure,
  make  written  demand  upon  the commissioner for a hearing.   Upon such
  demand, the commissioner shall give the owner written notice  in  person
  or  by  mail,  of the time and place of such hearing to be held not less
  than ten days thereafter.
    3. Where no hearing is demanded within the time herein  prescribed  or
  where,  after  hearing,  the  commissioner  finds  that there has been a
  violation of the provisions of this article, rules of the board or  laws
  or  regulations  of  the  federal  government,  or that public safety is
  endangered, he may destroy or order the destruction of such  explosives,
  or  direct  such other disposition of the explosives as he deems proper.
  If the commissioner finds there has been  no  such  violation  and  that
  public  safety  has not been endangered, he shall return such explosives
  to the owner thereof.
    4. Where such explosives have been abandoned or lost, and no  claimant
  has  appeared  within thirty days, demanded the return of the explosives
  and proved, to the satisfaction of the commissioner, his  title  to  and
  right  of possession of such explosives, the commissioner may destroy or
  direct the destruction thereof, or direct such other disposition thereof
  as he deems proper.
    5. Any provision herein to the contrary notwithstanding, where, in the
  opinion of the commissioner,  the  manufacture,  condition,  packing  or
  location   of  explosives  is  such  that  its  continued  existence  or
  transportation is a danger to public safety, he may, without hearing and
  without liability therefor to the owner thereof, seize  and  destroy  or
  direct the seizure and destruction of such explosives.