N.Y. Labor Law § 460: Seizure, impounding, destruction or disposition of explosives

§ 460. Seizure, impounding, destruction or disposition of explosives.

1. The commissioner is hereby authorized and empowered, without

application to any court, to seize and impound any explosives found

within this state, except in cities having a population of more than one

million inhabitants, which are in apparent violation of any of the

provisions of this article, regulations promulgated hereunder or laws or

regulations of the federal government, or which have been abandoned or

lost, or where the commissioner has reason to believe that public safety

is endangered by such explosives. Such explosives may be removed and

transported by the commissioner and stored in magazines provided or

obtained for that purpose by the state or by the commissioner.

2. The owner of such explosives may, within five days of such seizure,

make written demand upon the commissioner for a hearing. Upon such

demand, the commissioner shall give the owner written notice of the time

and place of such hearing to be held not less than ten days thereafter.

3. Where no hearing is demanded within the time herein prescribed or

where, after hearing, the commissioner finds that there has been a

violation of the provisions of this article, regulations promulgated

hereunder or laws or regulations of the federal government, or that

public safety is endangered, the commissioner may destroy or order the

destruction of such explosives without liability, or direct such other

disposition of the explosives. If the commissioner finds there has been

no such violation and that public safety has not been endangered, such

explosives shall be returned to the owner thereof.

4. Where such explosives have been abandoned or lost, and no claimant

has appeared within thirty days, demanded the return of the explosives

and proved, to the satisfaction of the commissioner, the claimant's

title to and right of possession of such explosives, the commissioner

may destroy or direct the destruction thereof, or direct such other

disposition thereof as is deemed proper.

5. Any provision herein to the contrary notwithstanding, where, in the

opinion of the commissioner, the manufacture, condition, storage,

packing or location of explosives is such that its continued existence

or transportation is a danger to public safety, the commissioner may,

without hearing and without liability therefor to the owner thereof,

seize and destroy or direct the seizure and destruction of such

explosives.