§ 270.00 Unlawfully dealing with fireworks and dangerous fireworks.
1. Definition of “fireworks” and “dangerous fireworks”. (a) The term
“fireworks,” as used in this section, includes:
(i) display fireworks, which means fireworks devices in a finished
state, exclusive of mere ornamentation, primarily intended for
commercial displays which are designed to produce visible and/or audible
effects by combustion, deflagration or detonation, including, but not
limited to, salutes containing more than one hundred thirty milligrams
(two grains) of explosive composition, aerial shells containing more
than forty grams of chemical composition exclusive of lift charge, and
other exhibition display items that exceed the limits of consumer
fireworks contained in the American Pyrotechnic Association (APA)
Standard 87-1, 2001 edition;
(ii) articles pyrotechnic, which means pyrotechnic devices for
professional use similar to consumer fireworks in chemical composition
and construction but not intended for consumer use and which articles
meet the weight limits for consumer fireworks but are not labeled as
such and are classified by the United States department of
transportation in 49 CFR 172.101 as UN0431;
(iii) special effects, which means any combination of chemical
elements or chemical compounds capable of burning independently of the
oxygen of the atmosphere, and designed and intended to produce an
audible, visual, mechanical, or thermal effect as an integral part of a
motion picture, radio, television, theatrical, or opera production, or
live entertainment;
(iv) consumer fireworks which are aerial in performance and are
commonly referred to as sky rockets, bottle rockets, missile type
rockets, helicopters, aerial spinners, roman candles, mines, shell
devices, aerial shell kits, reloadables and audible ground devices which
are commonly referred to as firecrackers and chasers, as well as metal
wire handheld sparklers;
(v) any blank cartridge, blank cartridge pistol, or toy cannon in
which explosives are used, firecrackers, or any preparation containing
any explosive or inflammable compound or any tablets or other device
commonly used and sold as fireworks containing nitrates, chlorates,
oxalates, sulphides of lead, barium, antimony, arsenic, mercury,
nitroglycerine, phosphorus or any compound containing any of the same or
other explosives, or any substance or combination of substances, or
article prepared for the purpose of producing a visible or an audible
effect by combustion, explosion, deflagration or detonation, or other
device containing any explosive substance, other than sparkling devices
as defined in subparagraph (vi) of this paragraph; and
(vi) “sparkling devices,” as used in this section, includes:
(1) sparkling devices which are ground-based or hand-held devices that
produce a shower of white, gold, or colored sparks as their primary
pyrotechnic effect. Additional effects may include a colored flame, an
audible crackling effect, an audible whistle effect, and smoke. These
devices do not rise into the air, do not fire inserts or projectiles
into the air, and do not explode or produce a report (an audible
crackling-type effect is not considered to be a report). Ground-based or
hand-held devices that produce a cloud of smoke as their sole
pyrotechnic effect are also included in this category. Types of devices
in this category include:
(A) cylindrical fountain: cylindrical tube containing not more than
seventy-five grams of pyrotechnic composition that may be contained in a
different shaped exterior such as a square, rectangle, cylinder or other
shape but the interior tubes are cylindrical in shape. Upon ignition, a
shower of colored sparks, and sometimes a whistling effect or smoke, is
produced. This device may be provided with a spike for insertion into
the ground (spike fountain), a wood or plastic base for placing on the
ground (base fountain), or a wood or cardboard handle to be hand held
(handle fountain). When more than one tube is mounted on a common base,
total pyrotechnic composition may not exceed two hundred grams, and when
tubes are securely attached to a base and the tubes are separated from
each other on the base by a distance of at least half an inch (12.7
millimeters), a maximum total weight of five hundred grams of
pyrotechnic composition shall be allowed.
(B) cone fountain: cardboard or heavy paper cone containing not more
than fifty grams of pyrotechnic composition. The effect is the same as
that of a cylindrical fountain. When more than one cone is mounted on a
common base, total pyrotechnic composition may not exceed two hundred
grams, as is outlined in this subparagraph.
(C) wooden sparkler/dipped stick: these devices consist of a wood
dowel that has been coated with pyrotechnic composition. Upon ignition
of the tip of the device, a shower of sparks is produced. Sparklers may
contain up to one hundred grams of pyrotechnic composition per item.
(2) novelties which do not require approval from the United States
department of transportation and are not regulated as explosives,
provided that they are manufactured and packaged as described below:
(A) party popper: small devices with paper or plastic exteriors that
are actuated by means of friction (a string or trigger is typically
pulled to actuate the device). They frequently resemble champagne
bottles or toy pistols in shape. Upon activation, the device expels
flame-resistant paper streamers, confetti, or other novelties and
produces a small report. Devices may contain not more than sixteen
milligrams (0.25 grains) of explosive composition, which is limited to
potassium chlorate and red phosphorus. These devices must be packaged in
an inner packaging which contains a maximum of seventy-two devices.
(B) snapper: small, paper-wrapped devices containing not more than one
milligram of silver fulminate coated on small bits of sand or gravel.
When dropped, the device explodes, producing a small report. Snappers
must be in inner packages not to exceed fifty devices each, and the
inner packages must contain sawdust or a similar, impact-absorbing
material.
(b) The term “dangerous fireworks” means any fireworks capable of
causing serious physical injury and which are: firecrackers containing
more than fifty milligrams of any explosive substance, torpedoes,
skyrockets and rockets including all devices which employ any
combustible or explosive substance and which rise in the air during
discharge, Roman candles, and bombs, provided, however, that in cities
with a population of one million or more, the term “dangerous fireworks”
shall also include sparklers more than ten inches in length or
one-fourth of one inch in diameter, or chasers including all devices
which dart or travel about the surface of the ground during discharge.
(c) “Fireworks” and “dangerous fireworks” shall not be deemed to
include the following nor shall the purchase and use of any items listed
below be subject to the provisions of section 61 of title 12 of the New
York state codes, rules and regulations or section four hundred eighty,
four hundred eighty-one, four hundred eighty-two or four hundred
eighty-three of the general business law:
(i) flares of the type used by railroads or any warning lights
commonly known as red flares, or marine distress signals of a type
approved by the United States coast guard, or
(ii) toy pistols, toy canes, toy guns or other devices in which paper
caps containing twenty-five hundredths grains or less of explosive
compound are used, providing they are so constructed that the hand
cannot come in contact with the cap when in place for use, and toy
pistol paper caps which contain less than twenty-hundredths grains of
explosive mixture, the sale and use of which shall be permitted at all
times, or
(iii) bank security devices which contain not more than fifty grams of
any compound or substance or any combination thereof, together with an
igniter not exceeding 0.2 gram, capable of producing a lachrymating
and/or visible or audible effect, where such device is stored or used
only by banks, national banking associations, trust companies, savings
banks, savings and loan associations, industrial banks, or credit
unions, or by any manufacturer, wholesaler, dealer, jobber or common
carrier for such devices and where the total storage on any one premises
does not exceed one hundred devices, or
(iv) except in cities with a population of one million or more, in
those counties and cities that opt by local law pursuant to paragraph
(b) of subdivision five of section 405.00 of this chapter, “fireworks”
and “dangerous fireworks” shall not be deemed to include “sparkling
devices” as defined in subparagraph (vi) of paragraph (a) of this
subdivision.
2. Offense.
(a) Except as herein otherwise provided, or except where a
permit is obtained pursuant to section 405.00 of this chapter:
(i) any person who shall offer or expose for sale, sell or furnish,
any fireworks or dangerous fireworks is guilty of a class B misdemeanor;
(ii) any person who shall offer or expose for sale, sell or furnish
any fireworks or dangerous fireworks valued at five hundred dollars or
more shall be guilty of a class A misdemeanor;
(iii) any person who shall possess, use, explode or cause to explode
any fireworks or dangerous fireworks is guilty of a violation;
(iv) any person who shall offer or expose for sale, sell or furnish,
any dangerous fireworks, fireworks or sparkling devices to any person
who is under the age of eighteen is guilty of a class A misdemeanor.
(b) A person who has previously been convicted of a violation of
subparagraph (iv) of paragraph (a) of this subdivision within the
preceding five years and who shall offer or expose for sale, sell or
furnish, any dangerous fireworks to any person who is under the age of
eighteen, shall be guilty of a class E felony.
(c) Possession of fireworks or dangerous fireworks valued at one
hundred fifty dollars or more shall be a presumption that such fireworks
were intended to be offered or exposed for sale.
3. Exceptions. (a) The provisions of this section shall not apply to:
(i) fireworks, dangerous fireworks, and sparkling devices while in
possession of railroads, common or contract carriers, retailers,
wholesalers, distributors, jobbers and transportation companies or
transportation agencies for the purpose of transportation to points
without the state, the shipment of which is not prohibited by interstate
commerce commission regulations as formulated and published from time to
time, unless they be held voluntarily by such railroads, common or
contract carriers, retailers, wholesalers, distributors, jobbers and
transportation agencies or transporting companies as warehousemen for
delivery to points within the state;
(ii) signaling devices used by railroad companies or motor vehicles
referred to in subdivision seventeen of section three hundred
seventy-five of the vehicle and traffic law;
(iii) high explosives for blasting or similar purposes;
(iv) fireworks, dangerous fireworks and sparkling devices for the use
thereof by the United States military, and departments of the state and
federal government;
(v) the use, transportation and storage of fireworks, dangerous
fireworks and sparkling devices and special effects materials in
connection with the production of motion pictures, television programs,
commercials, and all entertainment media recorded in any current or to
be designed format when such use, transportation and storage has been
appropriately permitted by the local governmental subdivision having
jurisdiction.
(b) Nothing in this article shall be construed to prohibit:
(i) any manufacturer, wholesaler, retailer, dealer or jobber from
manufacturing, possessing or selling at wholesale a sparkling device to
municipalities, religious or civic organizations, fair associations,
amusement parks, or other organizations authorized by the state to
store, transport, possess and use or to individuals to store, transport,
possess and use;
(ii) the sale or use of blank cartridges for a motion picture,
television program, commercial and all entertainment media, or for
signal purposes in athletic sports, or for dog trials or dog training;
(iii) the use, storage, transportation or sale or transfer for use of
fireworks and sparkling devices in the preparation for or in connection
with motion pictures, television programs, commercials, and all
entertainment media recorded in any current or to be designed format
when such use, transportation and storage has been appropriately
permitted by the local governmental subdivision having jurisdiction;
(iv) the manufacture or sale of sparkling devices provided they are to
be shipped directly out of such city and any such items are sold in
accordance with the provisions of this article; or
(v) except in cities with a population of one million or more,
possession of sparkling devices lawfully obtained in a jurisdiction that
did opt by local law pursuant to paragraph (b) of subdivision five of
section 405.00 of this chapter to exclude “sparkling devices” from the
definitions of “fireworks” and “dangerous fireworks”, for the purpose of
lawful use in another jurisdiction that did opt by local law pursuant to
paragraph (b) of subdivision five of section 405.00 of this chapter to
exclude “sparkling devices” from the definitions of “fireworks” and
“dangerous fireworks”. The superintendent of state police shall annually
publish a list of those jurisdictions that have opted by local law
pursuant to paragraph (b) of subdivision five of section 405.00 of this
chapter to exclude “sparkling devices” from the definitions of
“fireworks” and “dangerous fireworks”.
4. Sales of ammunition not prohibited. Nothing contained in this
section shall be construed to prevent, or interfere in any way with, the
sale of ammunition for revolvers or pistols of any kind, or for rifles,
shot guns, or other arms, belonging or which may belong to any persons
whether as sporting or hunting weapons or for the purpose of protection
to them in their homes, or, as they may go abroad; and manufacturers are
authorized to continue to manufacture, and wholesalers and dealers to
continue to deal in and freely to sell ammunition to all such persons
for such purposes.
5. Notwithstanding the provisions of subdivision four of this section,
it shall be unlawful for any dealer in firearms to sell any ammunition
designed exclusively for use in a pistol or revolver to any person, not
authorized to possess a pistol or revolver.
The violation of this section shall constitute a class B misdemeanor.
