New York, NY Fire Regulations: Fireworks (2026)
Key Facts
- Code Section
- NY Penal Law Section 270.00
- Possession/use
- A violation (fireworks and dangerous fireworks)
- Sale
- Class B misdemeanor; class A if $500+ or to a minor
- Sparklers
- Opt-in barred in cities over 1,000,000 - illegal in NYC
Summary
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.
Except as herein otherwise provided, or except where a permit is obtained pursuant to section 405.00, any person who shall possess, use, explode or cause to explode any fireworks or dangerous fireworks is guilty of a violation; provided, however, 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. ... [Sparkling devices] may be sold and used in any county or city if such county or city authorizes such sale and use, provided, however, that no such authorization shall be permitted in any city having a population of one million or more.
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
Are any fireworks legal in New York City?
What is the penalty for setting off fireworks in NYC?
Can I buy sparklers across state lines and use them in the city?
Sources & Official References
Other rules in New York
How New York compares: Cities Where Fireworks Are Banned or Heavily Restricted·New York rules heatmap·Compare New York to another location·View the New York fire regulations overview
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