§ 458 — Licenses and certificates

New York § 458

• Jurisdiction: New York
• Law LAB: Labor
• Art. 16: Explosives

Text

§ 458. Licenses and certificates. 1. No person shall purchase, own,\npossess, transport or use explosives unless a license therefor shall\nhave been issued as provided in this article.\n Application for such a license shall be made to the commissioner on\nforms provided and shall contain such information as the commissioner\nmay require. Where the commissioner finds that the applicant has\ncomplied with the requirements of this article and the rules promulgated\nhereunder, the commissioner shall issue such license or renewal thereof\nwhich shall be valid for not less than one year from the date of\nissuance. Such application and each renewal thereof shall be accompanied\nby a non-refundable fee of not less than fifty dollars to be payable to\nthe commissioner.\n 2. No person shall manufacture, deal in, sell, give, test, or dispose\nof explosives unless a license therefor shall have been issued to such\nperson for that purpose by the commissioner as provided in this article,\nnor shall any person sell, give, test, or dispose of explosives to, or\nmanufacture explosives for any person who does not hold a license as\nprovided by subdivision one of this section.\n Application for such a license shall be made to the commissioner on\nforms provided and shall contain such information as the commissioner\nmay require. The commissioner, after investigation of the application,\nshall issue a license or renewal thereof, which shall be valid for not\nless than one year from the date of issuance, where the commissioner\nfinds that the applicant has complied with the requirements of this\narticle and the rules promulgated hereunder. Each application for such a\nlicense, or for its renewal, shall be accompanied by a fee of not less\nthan one hundred dollars non-refundable to be payable to the\ncommissioner.\n 3. No person shall keep or store explosives unless a certificate\ntherefor shall have been issued by the commissioner as provided in this\nsection.\n Application for such a certificate shall be made to the commissioner\non forms provided and shall contain such information as the commissioner\nmay require. The commissioner, where it is found that the applicant has\ncomplied with the requirements of this article,, the rules promulgated\nhereunder and all other applicable sections of this chapter and\nregulations promulgated by the commissioner, shall issue a certificate\nor a renewal thereof, which shall be valid for not less than one year\nfrom the date of issuance. In addition to any other causes for\nrevocation of a certificate hereinafter provided, the commissioner may\nrevoke or modify such certificate because of any change in the\nconditions under which it was granted, or for failure to pay the\nrequired fee. The owner or user of a magazine shall pay to the\ncommissioner a fee of not less than fifty dollars, which shall be\nproportioned according to the quantity and type of explosives authorized\nby the certificate to be stored in the magazine.\n 4. An application for a license or a certificate pursuant to this\nsection shall contain information sufficient to identify the applicant,\nand the purpose for which and the place where the explosives are to be\nused, manufactured, dealt in, given, disposed of or stored, as the case\nmay be, and to demonstrate the eligibility of such applicant for the\nlicense or certificate requested. The commissioner may require that the\napplication include, among other things, photographs, fingerprints and\npersonal references. Such fingerprints shall be submitted to the\ndivision of criminal justice services for a state criminal history\nrecord check, as defined in subdivision one of section three thousand\nthirty-five of the education law, and may be submitted to the federal\nbureau of investigation for a national criminal history record check. An\napplication for a license or certificate required to be filed with the\ndepartment pursuant to this section shall be signed by the applicant and\naffirmed by him or her as true under penalty of perjury.\n 5. Before a license or certificate is issued, the commissioner shall\ninvestigate the eligibility of the applicant. The commissioner shall\nhave the authority to request and receive from any department, division,\nboard, bureau, commission or agency of the state or local government\nthereof such assistance and information as will enable the commissioner\nto properly and effectively carry out the powers and duties under this\narticle.\n 6. (a) The investigation prescribed in subdivision five of this\nsection may include, but is not limited to the following:\n (1) a personal interview of the applicant by a designated agent of the\ncommissioner if the commissioner is unable to make a determination on\nthe basis of the factors contained in the application;\n (2) an examination as to the applicant's knowledge and ability with\nrespect to basic safety precautions in the possession, handling,\nstorage, manufacture and transportation of explosives, and for such\npurpose the commissioner may prescribe tests which the applicant shall\nbe required to pass as a prerequisite to the issuance of the license or\ncertificate. The test may be administered by any person or agency\ndesignated by the commissioner.\n (b) The investigation prescribed in subdivision five of this section\nshall include a report from the New York state identification and\nintelligence system, and such other identification services of the state\nor federal government as may be necessary or appropriate for this\npurpose.\n 7. The commissioner may waive any of the procedures set forth in\nparagraph (b) of subdivision six of this section with respect to any\napplicant for whom criminal history or other information has been\nobtained from any federal bureau or agency.\n 8. Except for the provisions of subdivision eleven of this section,\nthis section shall not apply to smokeless powder.\n 9. Within thirty days after the issuance of a license or certificate\nunder this section, the commissioner shall notify the chief executive\nofficer of the municipality where the licensee resides or where the\ncertificate holder has his or her place of business of the issuance of\nsuch license or certificate, and provide such officer with such other\ninformation pertaining thereto as the commissioner may prescribe.\n 10. Agencies of the United States, the state and its political and\ncivil subdivisions which are subject to the requirements of this article\nand which, in the exercise of their functions, are required to purchase,\nown, store, use or transport explosives shall not be liable for the\npayment of any fee required by this section.\n 11. No explosives shall be sold, given or delivered to any individual\nunder eighteen years of age, whether such individual is acting for\nhimself, herself or for another person, nor shall any such individual be\neligible to obtain any license or certificate required under this\nsection.\n