§ 451 — Definitions

§ 451. Definitions. Whenever used in this article: 1. "Explosives"\nmeans gunpowder, powders used for blasting, high explosives, blasting\nmaterials, detonating fuses, detonators, pyrotechnics and other\ndetonating agents, fireworks and dangerous fireworks as defined in\nsection 270.00 of the penal law, smokeless powder and any chemical\ncompound or any mechanical mixture containing any oxidizing and\ncombustible units, or other ingredients in such proportions, quantities,\nor packing that ignition by fire, friction, concussion, percussion or\ndetonation of any part thereof may cause and is intended to cause an\nexplosion, but shall not include gasoline, kerosene, naphtha,\nturpentine, benzine, acetone, ethyl ether, benzol or quantities of black\npowder not exceeding five pounds for use in firing of antique firearms\nor artifacts or replicas thereof. Fixed ammunition and primers for small\narms, pyrotechnic devices which are designed for and being used for\nlegitimate wildlife management or controls, safety fuses and matches\nshall not be deemed to be explosives when, as provided by regulation,\nthe individual units contain any of the above-mentioned articles or\nsubstances in such limited quantity, of such nature and so packed that\nit is impossible to produce an explosion of such units to the injury of\nlife, limb or property. The term "explosives" shall also include two or\nmore components that are advertised and sold together with instructions\non how to combine the components to create any device designed or\nspecially adapted to facilitate a detonation or combustion.\n 2. "Highway" means any public street, public highway, public alley or\nnavigable waterway, which is open for traffic. Navigable waterways shall\nbe considered as only those susceptible of being used, in their ordinary\ncondition, as highways of commerce.\n 3. "Railroad" or "railway" means any railroad that carries passengers\nor freight for hire, but shall not include auxiliary tracks, spurs and\nsidings installed and primarily used in serving any mine, quarry or\nplant.\n 4. "Building" means any building regularly occupied in whole or in\npart as a habitation for human beings, and any church, school house,\nrailway station or other building or place where people are accustomed\nto live, work or assemble, but does not mean or include any of the\nbuildings of a manufacturing plant where the business of manufacturing\nexplosives is carried on.\n 5. "Explosives factory" means any building or other structure in which\nthe manufacture of explosives or any part of the manufacture thereof is\ncarried on.\n 6. "Magazine" means any building or other structure, other than an\nexplosives factory, used to store explosives.\n 7. "Efficient barricade" means natural features of the ground, a dense\nwoods, an artificial mound or a properly revetted wall of earth not less\nthan three feet thick at the top, spaced at least three feet at the\nbottom from any explosives factory or magazine, the height of which is\nsuch that any straight line drawn from the top of any side wall of the\nexplosives factory or magazine to the top of a building or to a point\ntwelve feet above the center of a railroad or highway to be protected\nwill pass through such intervening barricade.\n 8. "Person" includes any natural person, partnership, association or\ncorporation.\n 9. "Manufacturer" means any person who is engaged in the manufacture\nor production of explosives.\n 10. "Dealer" means any person engaged in the business of buying and\nselling explosives.\n 11. "Pyrotechnics" means any combustible or explosive compositions of\nmanufactured articles designed and prepared for the purpose of producing\naudible or visible effects that are commonly referred to as fireworks.\n