New York Statewide Rule
New York Fireworks Law and Sparkler Device Rules
Key Facts
- Governing statute
- Penal Law 270.00
- Aerial fireworks
- Banned statewide
- Sparkler sale window
- Jun 1-Jul 5; Dec 26-Jan 2
- County opt-out
- Legal unless county bans
Summary
New York Penal Law bans most consumer fireworks statewide. Ground-based sparkling devices are legal by default outside New York City, though counties may opt out and about a dozen have banned them.
2. Offense. (a) Except as herein otherwise provided, or except where a permit is obtained pursuant to section 405.00 of this chapter: (i) any person who shall offer or expose for sale, sell or furnish, any fireworks or dangerous fireworks is guilty of a class B misdemeanor; (ii) any person who shall offer or expose for sale, sell or furnish any fireworks or dangerous fireworks valued at five hundred dollars or more shall be guilty of a class A misdemeanor; (iii) any person who shall possess, use, explode or cause to explode any fireworks or dangerous fireworks is guilty of a violation; (iv) any person who shall offer or expose for sale, sell or furnish, any dangerous fireworks, fireworks or sparkling devices to any person who is under the age of eighteen is guilty of a class A misdemeanor.
Full Breakdown
Penal Law Section 270.00 makes possession or sale of fireworks a misdemeanor or felony. Aerial shells, firecrackers, bottle rockets, and Roman candles remain banned everywhere in New York. Since a January 2018 amendment, ground-based sparkling devices (handheld sparklers, fountains, novelties) are excluded from the fireworks definition statewide except in cities of one million or more, so they are legal unless a county affirmatively prohibits them under Penal Law Section 405.00. Counties including Albany, Nassau, Suffolk, Westchester, Schenectady, Columbia, and Warren have opted out, and all fireworks remain illegal in New York City. Registered retailers may sell sparkling devices only June 1 through July 5 and December 26 through January 2.
Violations & Penalties
Possessing prohibited fireworks is a Class B misdemeanor; sale is a Class A misdemeanor or Class E felony, with fines up to $5,000 and confiscation. Bulk possession is automatically charged as sale.
Frequently Asked Questions
Are sparklers legal in New York?
Can my city allow consumer fireworks if the state bans them?
Sources
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