451 - Definitions. - New York Statutes

§ 451. Definitions. Whenever used in this article: 1. "Explosives" means gunpowder, powders used for blasting, high explosives, blasting materials, detonating fuses, detonators, pyrotechnics and other detonating agents, fireworks and dangerous fireworks as defined in section 270.00 of the penal law, smokeless powder and any chemical compound or any mechanical mixture containing any oxidizing and combustible units, or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may cause and is intended to cause an explosion, but shall not include gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl ether, benzol or quantities of black powder not exceeding five pounds for use in firing of antique firearms or artifacts or replicas thereof. Fixed ammunition and primers for small arms, pyrotechnic devices which are designed for and being used for legitimate wildlife management or controls, safety fuses and matches shall not be deemed to be explosives when, as provided by regulation, the individual units contain any of the above-mentioned articles or substances in such limited quantity, of such nature and so packed that it is impossible to produce an explosion of such units to the injury of life, limb or property. 2. "Highway" means any public street, public highway, public alley or navigable waterway, which is open for traffic. Navigable waterways shall be considered as only those susceptible of being used, in their ordinary condition, as highways of commerce. 3. "Railroad" or "railway" means any railroad that carries passengers or freight for hire, but shall not include auxiliary tracks, spurs and sidings installed and primarily used in serving any mine, quarry or plant. 4. "Building" means any building regularly occupied in whole or in part as a habitation for human beings, and any church, school house, railway station or other building or place where people are accustomed to live, work or assemble, but does not mean or include any of the buildings of a manufacturing plant where the business of manufacturing explosives is carried on. 5. "Explosives factory" means any building or other structure in which the manufacture of explosives or any part of the manufacture thereof is carried on. 6. "Magazine" means any building or other structure, other than an explosives factory, used to store explosives. 7. "Efficient barricade" means natural features of the ground, a dense woods, an artificial mound or a properly revetted wall of earth not less than three feet thick at the top, spaced at least three feet at the bottom from any explosives factory or magazine, the height of which is such that any straight line drawn from the top of any side wall of the explosives factory or magazine to the top of a building or to a point twelve feet above the center of a railroad or highway to be protected will pass through such intervening barricade. 8. "Person" includes any natural person, partnership, association or corporation. 9. "Manufacturer" means any person who is engaged in the manufacture or production of explosives. 10. "Dealer" means any person engaged in the business of buying and selling explosives. 11. "Pyrotechnics" means any combustible or explosive compositions of manufactured articles designed and prepared for the purpose of producing audible or visible effects that are commonly referred to as fireworks.