Consumer fireworks are illegal in the City of Buffalo. Although NY State legalized sparkling devices in 2015, Erie County opted out, meaning even sparklers and ground-based fountains remain prohibited in Buffalo under NY Penal Law Section 270.
New York Penal Law Section 270.00 criminalizes the possession, use, and sale of fireworks, with a 2015 amendment (General Business Law Article 27) allowing counties to authorize sparkling devices (handheld sparklers, ground-based sparklers, novelty items). Erie County elected NOT to opt in, so all consumer fireworks including sparklers remain illegal citywide. Aerial fireworks, firecrackers, Roman candles, bottle rockets, and M-80s are always illegal statewide. The Buffalo Police Department and Fire Department step up enforcement around July 4 and New Year Eve. Only licensed pyrotechnicians with a permit from the Buffalo Fire Department and NY DEC may conduct public displays.
Possession or use of fireworks is a violation punishable by up to 250 dollars and 15 days in jail. Sale of fireworks is a Class B misdemeanor (up to 500 dollars and 90 days). Fireworks that cause injury or fire may trigger felony charges.
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