NY Lab L § 458 (2021)
2021 New York Laws LAB - Labor Article 16 - Explosives 458 - Licenses and Certificates.

§  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. An  application 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.