Consumer fireworks illegal under NY Penal Law 270.00. Oneida County HAS opted IN to sparkling device sales, making ground-based sparklers legal for sale and use by adults 18+.
Consumer aerial fireworks (firecrackers, bottle rockets, Roman candles, aerial shells) remain illegal throughout Oneida County under NY Penal Law §270.00. Selling consumer fireworks is a Class B misdemeanor; selling $500 or more worth is a Class A misdemeanor; possession/use is a violation. However, Oneida County has OPTED IN to the 2015/2017 New York sparkling devices law (Chapter 371 of the Laws of 2017), meaning approved ground-based sparkling devices are legal to sell and use by persons 18 and older. Legal sparkling devices include handheld/ground sparklers, cylindrical fountains, cone fountains, and novelty snaps/poppers that do not leave the ground. Sales are permitted only by registered sellers June 1-July 5 and December 26-January 2. Aerial devices, firecrackers, and reloadable mortar shells remain ILLEGAL regardless of the opt-in. Professional pyrotechnic displays are permitted only with a Special Effects/Pyrotechnician license from the NYS Department of State and local fire marshal approval.
Possession/use of illegal aerial fireworks: violation with up to $250 fine. Selling fireworks: Class B misdemeanor (up to 3 months jail, $500 fine); $500+ worth: Class A misdemeanor (up to 1 year jail, $1,000 fine). Selling to minor under 18: Class A misdemeanor. Fires caused by illegal fireworks may result in arson and reckless endangerment charges.
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