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.