458 - Licenses and certificates. - New York Statutes

§ 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. Anapplication 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.