Why Are Fireworks Illegal in New York State?

The dazzling colors and booming sounds of fireworks are a beloved part of celebrations, but in New York, most consumer fireworks are illegal. While fireworks displays can be mesmerizing, they also pose significant safety risks, including injuries, fires, and property damage. New York has strict fireworks laws in place to protect its citizens and communities from these dangers.

So, why are fireworks illegal in New York State? The primary reason is to prioritize public safety and prevent accidents, injuries, and property damage caused by the mishandling of these explosive devices. This comprehensive guide will delve into the specifics of New York’s fireworks laws, the dangers they aim to mitigate, the types of fireworks permitted (if any), the penalties for violations, and safer alternatives for celebrations.

The Dangers of Fireworks

While fireworks are often associated with festive occasions, they can quickly turn dangerous if not handled properly. According to the U.S. Consumer Product Safety Commission (CPSC), in 2020, more people were hospitalized for fireworks-related injuries (over 15,600 people) than any other year in the past 15 years, with two-thirds of those injuries occurring between June 21 and July 21.

Fireworks can cause a wide range of injuries, some of which can be life-altering or even fatal. Common injuries include:

1. Burns: These are the most common type of fireworks-related injury, ranging from minor burns to severe, third-degree burns.
2. Eye injuries: Sparklers, which many people mistakenly consider harmless, can cause corneal abrasions, retinal detachment, and even blindness.
3. Hand injuries: Fireworks can lead to serious hand injuries, including burns, fractures, and amputations.
4. Hearing loss: The loud noise produced by explosions can cause temporary or permanent hearing loss.
5. Facial injuries: Fireworks can cause lacerations, burns, and fractures to the face.

In addition to the risk of personal injury, fireworks can also start destructive fires and cause significant property damage. According to the National Fire Protection Association (NFPA), fireworks were the cause of an estimated 19,500 fires in 2018, resulting in five deaths, 46 civilian injuries, and $105 million in direct property damage.

New York’s Fireworks Laws Explained

To mitigate the dangers associated with fireworks, New York has implemented strict regulations governing their sale, possession, and use. The state’s fireworks laws are outlined in the New York Penal Law § 270.00, which distinguishes between “fireworks” and “dangerous fireworks.”

What is Considered “Dangerous Fireworks” in New York?

“Dangerous fireworks” refer to fireworks 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 time periods, namely 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 defined as 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.” Examples of legal “sparkling devices” include:

• Sparklers on wooden sticks (metal wire sparklers are illegal)
• Cylindrical and cone-shaped sparkling fountains
• Ground-based spinners
• Party poppers filled with confetti
• Snappers wrapped in paper

It’s important to note that even these “sparkling devices” are illegal in certain counties, including:

• New York County (Manhattan)
• Bronx County
• Kings County (Brooklyn)
• Richmond County (Staten Island)
• Queens County
• Nassau County
• Suffolk County
• Westchester County
• Columbia County
• Schenectady County
• Albany County
• Orange County (prohibited in the cities of Middletown and Newburgh)

Additionally, the sale of “sparkling devices” is only permitted during the specified time periods mentioned above, and only individuals aged 18 and over are allowed to purchase and use them.

Penalties for Violating Fireworks Laws in New York

Violating New York’s fireworks laws can result in serious legal consequences, including fines and potential jail time. The penalties vary depending on the severity of the offense:

1. Possession of illegal fireworks (under $50 worth): If an individual possesses less than $50 worth of any type of illegal firework, including sparklers in counties where they are banned, they can be charged with a violation and face up to 15 days in jail, a fine, or both.
2. Selling or furnishing illegal fireworks: If an individual sells or provides illegal fireworks to others, even without monetary compensation, they can be charged with a Class B misdemeanor. This offense carries a potential jail sentence of up to 90 days and/or a fine.
3. Providing fireworks to minors: If an individual sells or gives any type of fireworks, including legal “sparkling devices,” to someone under the age of 18, they can be charged with a Class A misdemeanor. This offense is punishable by up to one year in jail and/or a fine.
4. 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.

In addition to legal consequences, setting off illegal fireworks could also lead to charges of disorderly conduct and/or reckless endangerment, which are felonies in New York State. Furthermore, using fireworks may violate noise ordinances in many villages, towns, and cities, resulting in additional fines.

Alternatives to Consumer Fireworks in New York

While New York’s fireworks laws may seem strict, they are in place to protect the safety of its residents and communities. However, that doesn’t mean you can’t enjoy festive celebrations. Here are some safer alternatives to consumer fireworks:

1. Attend professional public fireworks displays: Many cities, towns, and organizations in New York host spectacular fireworks shows for major holidays, such as the Fourth of July and New Year’s Eve. These displays are conducted by licensed professionals in controlled environments, ensuring maximum safety for spectators.
2. Use safer alternatives: There are numerous safer alternatives to fireworks that can still add excitement and festivity to your celebrations. These include glow sticks, confetti poppers, and sparklers (in counties where they are legal and used responsibly).
3. Follow safety guidelines for legal sparkling devices: If you choose to use legal “sparkling devices” in counties where they are permitted, it’s crucial to follow all safety guidelines. This includes using them in an open area away from buildings and trees, keeping water nearby for emergencies, wearing protective clothing, and never allowing children to handle or light the devices.

Reporting Illegal Fireworks in New York

To further promote public safety and enforce fireworks laws, New York encourages residents to report any illegal fireworks activities they witness. In New York City, the authorities are offering up to $1,000 for tips that lead to the arrest and conviction of individuals selling, storing, or transporting illegal fireworks.

If you know of large amounts of fireworks being stored or if the sale or use of illegal fireworks is in progress, call 911 immediately. For past or chronic fireworks sale or use, or if you have any other tips, you can call 311 in New York City.

Why Follow New York’s Fireworks Laws?

While some may view New York’s fireworks laws as overly restrictive, they serve a vital purpose: preventing injuries, fires, and property damage. Fireworks are explosives that can be deadly if mishandled, and their use requires extensive training and safety precautions.

By following New York’s fireworks laws, you not only avoid legal penalties and fines but also contribute to the overall safety of your community. A single irresponsible act with fireworks can have devastating consequences, putting lives and property at risk.

Remember, 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 that celebrations remain joyful occasions without the risk of tragic accidents.

In conclusion,

New York’s fireworks laws are designed to protect its citizens and communities from the inherent dangers associated with these explosive devices. While the regulations may seem strict, they are in place to prevent injuries, fires, and property damage caused by the mishandling of fireworks.

By understanding and adhering to these laws, New Yorkers can enjoy celebrations safely and responsibly. Whether attending a professional fireworks display or using legal alternatives, prioritizing safety should be the top priority.

It’s important to remember that fireworks are not toys and should never be treated as such. Even seemingly harmless devices like sparklers can cause severe injuries, especially when handled by children or inexperienced individuals.

Ultimately, New York’s fireworks laws serve as a reminder that public safety takes precedence over personal enjoyment. While the allure of fireworks is undeniable, the potential consequences of their misuse are simply too great to ignore.

By embracing safer alternatives and respecting the law, New Yorkers can create lasting memories and traditions without putting themselves, their loved ones, or their communities at risk. In doing so, they contribute to a safer and more responsible celebration for all.