The Fourth of July is this week and you know what that means–fireworks! Although it is customary to celebrate the independence of our nation with a pyrotechnic display, we at LaMarche Safranko Law want to remind everyone of the fireworks law in New York state governing sale and use.
Over the past few weeks, you have no doubt seen the plethora of tents set up in retail parking lots selling fireworks, or sales displays inside local stores. This is because since 2015 New York state has legalized the sale and use of certain fireworks—known as sparkling devices—for those 18 or older.
In New York State, the sale and use of sparkling devices are permitted in counties that have not enacted local bans, allowing residents to enjoy these fireworks during specific periods: June 1 to July 5 and December 26 to January 2 for certified permanent and specialty retailers, and June 20 to July 5 and December 26 to January 2 for temporary stands or tents.
However, certain counties have opted out of this provision, making the sale and use of sparkling devices illegal at all times. These counties include Albany, Bronx, Columbia, Kings (Brooklyn), Nassau, New York (Manhattan), Orange (restricted in Middletown and Newburgh), Queens, Richmond (Staten Island), Schenectady, Suffolk, Warren, and Westchester. Therefore, while residents in counties like Saratoga and Rensselaer can legally purchase and use sparkling devices during the designated periods, those in the opt-out counties cannot legally buy or use them at any time.
As defined under New York State Penal Law § 270.00, sparkling devices are those “which are ground-based or hand-held devices that produce a shower of white, gold, or colored sparks…” The law further specifies what devices are deemed “dangerous fireworks” and are still not legal, including “torpedoes, skyrockets and rockets” which explode or combust in the air, as well as roman candles and bombs…”
To be sure you are purchasing legal fireworks from an authorized vendor in New York state, check out the 2024 Registered Sparkling Device Vendors list.
The adoption of the law by localities across the state has not been without controversy. Because of confusion about the complexities of what is allowed and what is not, some people misinterpret the regulations and assume any type of firework is allowed.
In addition to understanding the fireworks law regarding sale and use, it’s important to understand the rules regarding transporting fireworks. If you are planning to travel this July 4th weekend and will be bringing fireworks with you, know that while you can travel through New York counties that have not adopted the law, you are not permitted to use said fireworks in those counties. If you are planning to travel outside New York state, make sure you’re aware of the fireworks laws of the state you are visiting. Although most U.S. states have some form of legalized fireworks, there are some exceptions, including Massachusetts, New Jersey, and Delaware, where fireworks remain illegal. You can visit the American Pyrotechnics Association for more details about each state’s fireworks laws.