The vibrant colors and thunderous sounds of fireworks are a cherished part of celebrations. However, in New York, most consumer fireworks are illegal. While fireworks displays are captivating, they pose significant safety risks, including injuries, fires, and property damage. New York enforces strict fireworks laws to safeguard its citizens and communities from these hazards.
So, why are fireworks illegal in New York State? The primary reason is public safety. Preventing accidents, injuries, and property damage from mishandling these explosive devices is paramount. This guide explores New York’s fireworks laws, the dangers they address, the types of fireworks allowed (if any), penalties for violations, and safer celebration alternatives.
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- 2 Officials: Building Is Unsafe To Occupy After The Floor Collapsed During The Maryland Fire
- 3 Tattooed Shooter Involved In Tag-team Assault For Shooting Victim In The Face In Jackson: Prosecutor
- 4 The Dangers Of Fireworks
- 5 New York’s Fireworks Laws Explained
- 6 What Is Considered “Dangerous Fireworks” In New York?
- 7 What About Legal “Sparkling Devices?”
- 8 Penalties For Violating Fireworks Laws In New York
- 9 Reporting Illegal Fireworks In New York
- 10 Why Follow New York’s Fireworks Laws?
- 11 In Conclusion
The Dangers Of Fireworks
Fireworks are synonymous with festive occasions but can become dangerous if mishandled. According to the U.S. Consumer Product Safety Commission (CPSC), in 2020, over 15,600 people were hospitalized for fireworks-related injuries—more than any other year in the past 15 years—with two-thirds of these injuries occurring between June 21 and July 21.
Fireworks can cause various injuries, some of which can be life-altering or fatal. Common injuries include:
- Burns: These are the most common type of fireworks-related injury, ranging from minor burns to severe, third-degree burns.
- Eye injuries: Sparklers, which many people mistakenly consider harmless, can cause corneal abrasions, retinal detachment, and even blindness.
- Hand injuries: Fireworks can lead to serious hand injuries, including burns, fractures, and amputations.
- Hearing loss: The loud noise produced by explosions can cause temporary or permanent hearing loss.
- Facial injuries: Fireworks can cause lacerations, burns, and fractures to the face.
New York’s Fireworks Laws Explained
To mitigate the dangers of fireworks, New York has implemented strict regulations on their sale, possession, and use. The state’s fireworks laws are detailed in New York Penal Law § 270.00, which distinguishes between “fireworks” and “dangerous fireworks.”
What Is Considered “Dangerous Fireworks” In New York?
“Dangerous fireworks” are those capable of causing significant physical injury, including:
- Skyrockets
- Torpedoes
- Roman candles
Firecrackers containing more than 50 milligrams of explosive substance. These types of fireworks are illegal throughout New York State, regardless of the county or municipality.
What About Legal “Sparkling Devices?”
In 2014, Governor Cuomo signed a bill allowing the use and sale of “sparkling devices” during specific periods: from June 1 to July 5 for Fourth of July celebrations and December 26 to January 2 for New Year’s Eve celebrations. However, these “sparkling devices” are only legal in counties where local laws permit them.
According to the law, “sparkling devices” are ground-based or handheld fireworks that “produce a shower of sparks as their primary pyrotechnic effect and do not explode, fire projectiles or inserts, or rise into the sky.”
Penalties For Violating Fireworks Laws In New York
Violating New York’s fireworks laws can lead to serious legal consequences, including fines and potential jail time. The penalties vary depending on the severity of the offense:
Possession of illegal fireworks (under $50 worth): Possessing less than $50 worth of any type of illegal firework, including sparklers in counties where they are banned, can lead to a violation charge. Offenders may face up to 15 days in jail, a fine, or both.
Selling or furnishing illegal fireworks: Selling or providing illegal fireworks to others, even without monetary compensation, is considered a Class B misdemeanor. This offense carries a potential jail sentence of up to 90 days and/or a fine.
Providing fireworks to minors: Selling or giving any type of fireworks, including legal “sparkling devices,” to someone under 18 can result in a Class A misdemeanor charge. This offense is punishable by up to one year in jail and/or a fine.
Repeat offenses: If an individual is arrested for a fireworks-related offense and it is their second arrest for the same crime within five years, they can be charged with a Class E felony, which carries more severe penalties.
Reporting Illegal Fireworks In New York
To promote public safety and enforce fireworks laws, New York encourages residents to report any illegal fireworks activities they witness. In New York City, authorities offer up to $1,000 for tips leading to the arrest and conviction of individuals selling, storing, or transporting illegal fireworks.
If you witness large amounts of fireworks being stored or the sale or use of illegal fireworks in progress, call 911 immediately. For past or chronic fireworks sale or use, or for other tips, you can call 311 in New York City.
Why Follow New York’s Fireworks Laws?
While some may see New York’s fireworks laws as overly restrictive, they serve a crucial purpose: preventing injuries, fires, and property damage. Fireworks are explosives that can be deadly if mishandled, requiring extensive training and safety precautions.
By adhering to New York’s fireworks laws, you not only avoid legal penalties and fines but also contribute to the safety of your community. A single irresponsible act with fireworks can have devastating consequences, endangering lives and property.
The best way to enjoy fireworks safely is to attend professional displays or use safer alternatives approved for your area. Prioritizing public safety and respecting the law ensures celebrations remain joyful occasions without the risk of tragic accidents.
In Conclusion
New York’s fireworks laws protect its citizens and communities from the dangers of these explosive devices. While the regulations may seem strict, they prevent injuries, fires, and property damage caused by fireworks mishandling.
By understanding and adhering to these laws, New Yorkers can enjoy celebrations safely. Whether attending a professional display or using legal alternatives, safety should be the top priority.
Fireworks are not toys and should never be treated as such. Even seemingly harmless devices like sparklers can cause severe injuries, especially in the hands of children or inexperienced individuals.
Ultimately, New York’s fireworks laws prioritize public safety over personal enjoyment. While fireworks are enticing, their misuse can have dire consequences.
By embracing safer alternatives and respecting the law, New Yorkers can create memorable traditions without risking themselves, their loved ones, or their communities. This promotes a safer and more responsible celebration for everyone.
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