This text of New York § 460 (Seizure, impounding, destruction or disposition of explosives) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 460. Seizure, impounding, destruction or disposition of explosives.\n1. The commissioner is hereby authorized and empowered, without\napplication to any court, to seize and impound any explosives found\nwithin this state, except in cities having a population of more than one\nmillion inhabitants, which are in apparent violation of any of the\nprovisions of this article, regulations promulgated hereunder or laws or\nregulations of the federal government, or which have been abandoned or\nlost, or where the commissioner has reason to believe that public safety\nis endangered by such explosives. Such explosives may be removed and\ntransported by the commissioner and stored in magazines provided or\nobtained for that purpose by the state or by the commissioner.\n 2. The owner of such expl
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§ 460. Seizure, impounding, destruction or disposition of explosives.\n1. The commissioner is hereby authorized and empowered, without\napplication to any court, to seize and impound any explosives found\nwithin this state, except in cities having a population of more than one\nmillion inhabitants, which are in apparent violation of any of the\nprovisions of this article, regulations promulgated hereunder or laws or\nregulations of the federal government, or which have been abandoned or\nlost, or where the commissioner has reason to believe that public safety\nis endangered by such explosives. Such explosives may be removed and\ntransported by the commissioner and stored in magazines provided or\nobtained for that purpose by the state or by the commissioner.\n 2. The owner of such explosives may, within five days of such seizure,\nmake written demand upon the commissioner for a hearing. Upon such\ndemand, the commissioner shall give the owner written notice of the time\nand place of such hearing to be held not less than ten days thereafter.\n 3. Where no hearing is demanded within the time herein prescribed or\nwhere, after hearing, the commissioner finds that there has been a\nviolation of the provisions of this article, regulations promulgated\nhereunder or laws or regulations of the federal government, or that\npublic safety is endangered, the commissioner may destroy or order the\ndestruction of such explosives without liability, or direct such other\ndisposition of the explosives. If the commissioner finds there has been\nno such violation and that public safety has not been endangered, such\nexplosives shall be returned to the owner thereof.\n 4. Where such explosives have been abandoned or lost, and no claimant\nhas appeared within thirty days, demanded the return of the explosives\nand proved, to the satisfaction of the commissioner, the claimant's\ntitle to and right of possession of such explosives, the commissioner\nmay destroy or direct the destruction thereof, or direct such other\ndisposition thereof as is deemed proper.\n 5. Any provision herein to the contrary notwithstanding, where, in the\nopinion of the commissioner, the manufacture, condition, storage,\npacking or location of explosives is such that its continued existence\nor transportation is a danger to public safety, the commissioner may,\nwithout hearing and without liability therefor to the owner thereof,\nseize and destroy or direct the seizure and destruction of such\nexplosives.\n