Section 461. Record and notice of sales, deliveries or gifts  


Latest version.
  • 1. Every
      person selling, delivering, giving away  or  otherwise  transferring  or
      disposing  of  explosives  shall  keep at his or her principal office or
      place of business  within  the  state,  a  record  of  the  transaction,
      including  the  name  or  type  and  quantity  of  the  explosive,  such
      identification of the explosive as may be required  by  the  regulations
      promulgated  pursuant  to this article, the date of each sale, delivery,
      gift, transfer or disposition, the name  and  business  address  of  the
      purchaser,  donee,  recipient or person to whom delivered, the number of
      the license, if  such  license  is  required  by  section  four  hundred
      fifty-eight  of  this  article,  and  the name and address of the person
      taking the explosives away. A report  of  all  such  transactions,  when
      requested,  shall be submitted to the commissioner. Such record shall be
      open to inspection by the commissioner or by federal,  state  and  local
      enforcement  officers  at  all times. No person shall have in his or her
      possession any explosives unless he or she has a bill of sale  or  other
      evidence of title thereto.
        2.  Any  provision in this article to the contrary notwithstanding, no
      person in a city having more than one million inhabitants shall ship  or
      transport  or  cause  to  be shipped or transported explosives from such
      city to any other place within the state, unless such person  shall,  at
      least  twenty-four  hours  prior  to  such  shipment,  transmit  to  the
      commissioner a statement in writing giving the weight, name or brand and
      type of explosives, the name and address of  the  person  to  whom  such
      explosives  are  to  be  sold, shipped, transported or delivered and the
      date thereof. Upon receipt of such  statement,  the  commissioner  shall
      provide  immediate  written notice of such shipment or transportation of
      explosives to  the  mayor  of  a  city  having  more  than  one  million
      inhabitants,  or  to the designee of the mayor. No person shall make any
      such shipment except to a holder of a license issued hereunder.
        3. No person within  the  state  shall  purchase,  receive  or  accept
      delivery  of  explosives from any place outside the state, and no person
      shall bring explosives into the state from any place outside the  state,
      unless,  he  or  she  is  in possession of a valid license issued by the
      commissioner. The licensee receiving the  explosives  shall  maintain  a
      record  including  the weight, name or brand and type of the explosives,
      the name and address of the shipper and the  date  of  shipment,  for  a
      period  of  three  years  from the date of receipt or two years from the
      date of final disposition of the explosives whichever occurs last.