Consumer fireworks are illegal throughout New York City. New York Penal Law Section 270.00 makes possessing, using or exploding any fireworks a violation and selling them a misdemeanor. While a 2014 state amendment lets counties opt in to legalize ground-based 'sparkling devices,' that option is expressly unavailable in any city with a population over one million - which means it is barred in New York City. Only FDNY-permitted professional displays are allowed.
New York Penal Law Section 270.00 ('Unlawfully dealing with fireworks and dangerous fireworks') provides that 'any person who shall possess, use, explode or cause to explode any fireworks or dangerous fireworks is guilty of a violation,' and that 'any person who shall offer or expose for sale, sell or furnish, any fireworks or dangerous fireworks is guilty of a class B misdemeanor.' Selling fireworks valued at $500 or more, or selling to a person under 18, is a class A misdemeanor. The statute's later amendments removed 'sparkling devices' (cylindrical/cone fountains, wooden-stick and wire sparklers) from the definition of fireworks and let a county or city legislature authorize their sale and use - but that authorization is unavailable to any city having a population of one million or more, so sparklers and all other consumer fireworks remain illegal in New York City. Only licensed pyrotechnicians conducting displays under an FDNY permit may discharge fireworks in the city.
Possession or use of fireworks is a Penal Law violation (up to 15 days in jail and/or a fine); offering or selling fireworks is a class B misdemeanor (up to 3 months), and larger or to-minor sales are class A misdemeanors (up to 1 year). The NYPD seizes illegal fireworks, and residents are directed to report illegal fireworks to 311 or 911.
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