§ 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.