N.Y. Labor Law § 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.