2013 New York Consolidated Laws
LAB - Labor
Article 16 - (450 - 465) EXPLOSIVES
458 - 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 such license or renewal  thereof
  which  shall  be  valid  for  not  less  than  one year from the date of
  issuance. Such application and each renewal thereof shall be accompanied
  by a non-refundable fee of not less than fifty dollars to be payable  to
  the commissioner.
    2.  No person shall manufacture, deal in, sell, give, test, 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, test, 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 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  not
  less  than  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 not less
  than  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 provided in  this
  section.
    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,, 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 not less  than  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
  required  fee.  The  owner  or  user  of  a  magazine  shall  pay to the
  commissioner a fee of 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 this
  section 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. An

  application for a license or certificate required to be filed  with  the
  department pursuant to this section shall be signed by the applicant and
  affirmed by him or her as true under penalty of perjury.
    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 the  commissioner
  to  properly  and effectively carry out the 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, manufacture 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
  paragraph (b) of subdivision six of this section  with  respect  to  any
  applicant  for  whom  criminal  history  or  other  information has been
  obtained from any federal bureau or agency.
    8. Except for the provisions of subdivision eleven  of  this  section,
  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 or her place of business of the  issuance  of
  such  license  or  certificate, and provide such officer with such other
  information pertaining thereto as the commissioner may 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  individual
  under  eighteen  years  of  age,  whether  such individual is acting for
  himself, herself or for another person, nor shall any such individual be
  eligible to obtain  any  license  or  certificate  required  under  this
  section.