Vermont Statutes Title 20 Sec. 3072
Terms Used In Vermont Statutes Title 20 Sec. 3072
- Commissioner: means the Commissioner of Public Safety. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 3072. Issuance of license
(a) Any person who is at least 18 years of age may apply to the Commissioner of Public Safety for a license to possess, purchase, store, use, transport, give, transfer, or sell explosives, as defined in 13 V.S.A. § 1603, in this State for not more than one year from the date of issue.
(b) An applicant for a license shall be entitled to the issuance of the license upon the submission of evidence, under oath, that satisfies the Commissioner of Public Safety that the applicant:
(1) has a reasonable and lawful purpose for possessing, purchasing, storing, using, transporting, giving, transferring, or selling explosives;
(2) has not been convicted of an offense with a maximum term of imprisonment that exceeds one year within the seven years preceding the application;
(3) has not been adjudged incompetent to stand trial or not guilty by reason of insanity, or has not been indicted by reason of insanity pursuant to 13 V.S.A. § 4817, 4818, or 4819 by a court of competent jurisdiction in this or any other jurisdiction; and
(4) demonstrates that he or she is competent to possess, purchase, store, use, transport, give, transfer, or sell the explosives, as the case may be.
(c) The application for a license shall be in duplicate on forms provided by the Commissioner of Public Safety and shall bear the name, address, and signature of the licensee or an officer of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved for three years by the Commissioner of Public Safety.
(d) The license shall be issued or denied within 15 days after the application is submitted. If the application is denied, the reasons for the denial shall be stated in writing with a copy mailed to the applicant.
(e) The Commissioner of Public Safety may revoke any license issued under this division if, in his or her opinion, the holder has violated any provision of this division or of 13 V.S.A. §§ 1603–1611, or is ineligible to acquire explosives or to obtain a license under this section. A written notice of a revocation of a license by the Commissioner of Public Safety shall be given to the holder of the license in person or by certified mail prior to or concurrently with the effective date of the revocation. The notice shall state specific grounds upon which the revocation is based. (Added 1971, No. 107, § 10, eff. May 22, 1971; amended 2013, No. 96 (Adj. Sess.), § 125; 2021, No. 20, § 185.)