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