New York: Are fireworks legal?
New York allows only sparklers and fountains, and only outside New York City and counties that banned them; aerial and exploding fireworks are illegal.
Penal Law treats ground-based or hand-held sparkling devices that do not rise into the air or explode as legal outside cities of one million or more people. Counties and cities may ban them by local law; the state lists Albany, Columbia, Nassau, Schenectady, Suffolk, Warren, Westchester, the five New York City boroughs, and two cities in Orange County. Sales are limited to June 1 to July 5 and December 26 to January 2 (June 20 start for tents and stands), and selling to anyone under 18 is a crime. Firecrackers, bottle rockets, Roman candles, spinners and aerial devices remain illegal statewide.
Conditions
- Must be 18 or older to buy
- Not allowed in New York City or in counties and cities that have banned sparkling devices
- Sales June 1 to July 5 and December 26 to January 2 (temporary stands from June 20)
What the law says
Sale and use of Sparkling Devices is legal in counties and cities that have NOT enacted a local law pursuant to section 405.00 of the Penal Law of NY. ... All other types of consumer fireworks, including firecrackers, bottle rockets, roman candles, spinners and aerial devices, remain illegal statewide.
Sources
- NY Penal Law § 270.00 Official · nysenate.gov
- NYS DHSES, Sparkling Devices Information Official · dhses.ny.gov
Confirm with the state
- Agency
- NYS Division of Homeland Security and Emergency Services, Office of Fire Prevention and Control
- Phone
- 518-474-6746
- Website
- dhses.ny.gov
How bordering states compare
- Connecticut Sparklers and ground fireworks onlyConnecticut bans fireworks except non-explosive, non-aerial sparklers and fountains, which people 16 and older may buy and use.
- Massachusetts Consumer fireworks bannedMassachusetts bans all consumer fireworks, including sparklers, for private persons.
- New Jersey Sparklers and ground fireworks onlyNew Jersey allows sparklers, ground-based sparkling devices and novelties for people 16 and older, but bans aerial and exploding fireworks.
- Pennsylvania Aerial fireworks allowedPennsylvania lets anyone 18 or older buy, possess and use consumer fireworks, including aerial ones, with distance and permission rules.
- Vermont Consumer fireworks bannedVermont bans consumer fireworks for private use; only small sparklers and novelties are legal without a display permit.