N.Y. PEN Law § 270.00 — New York Code / Act PEN / Part 3 / Title P / Article 270 / Section 270.00
Unlawfully dealing with fireworks and dangerous fireworks
Status: in_force

§ 270.00 Unlawfully dealing with fireworks and dangerous fireworks.\n  1. Definition of "fireworks" and "dangerous fireworks". (a) The term\n"fireworks," as used in this section, includes:\n  (i) display fireworks, which means fireworks devices in a finished\nstate, exclusive of mere ornamentation, primarily intended for\ncommercial displays which are designed to produce visible and/or audible\neffects by combustion, deflagration or detonation, including, but not\nlimited to, salutes containing more than one hundred thirty milligrams\n(two grains) of explosive composition, aerial shells containing more\nthan forty grams of chemical composition exclusive of lift charge, and\nother exhibition display items that exceed the limits of consumer\nfireworks contained in the American Pyrotechnic Association (APA)\nStandard 87-1, 2001 edition;\n  (ii) articles pyrotechnic, which means pyrotechnic devices for\nprofessional use similar to consumer fireworks in chemical composition\nand construction but not intended for consumer use and which articles\nmeet the weight limits for consumer fireworks but are not labeled as\nsuch and are classified by the United States department of\ntransportation in 49 CFR 172.101 as UN0431;\n  (iii) special effects, which means any combination of chemical\nelements or chemical compounds capable of burning independently of the\noxygen of the atmosphere, and designed and intended to produce an\naudible, visual, mechanical, or thermal effect as an integral part of a\nmotion picture, radio, television, theatrical, or opera production, or\nlive entertainment;\n  (iv) consumer fireworks which are aerial in performance and are\ncommonly referred to as sky rockets, bottle rockets, missile type\nrockets, helicopters, aerial spinners, roman candles, mines, shell\ndevices, aerial shell kits, reloadables and audible ground devices which\nare commonly referred to as firecrackers and chasers, as well as metal\nwire handheld sparklers;\n  (v) any blank cartridge, blank cartridge pistol, or toy cannon in\nwhich explosives are used, firecrackers, or any preparation containing\nany explosive or inflammable compound or any tablets or other device\ncommonly used and sold as fireworks containing nitrates, chlorates,\noxalates, sulphides of lead, barium, antimony, arsenic, mercury,\nnitroglycerine, phosphorus or any compound containing any of the same or\nother explosives, or any substance or combination of substances, or\narticle prepared for the purpose of producing a visible or an audible\neffect by combustion, explosion, deflagration or detonation, or other\ndevice containing any explosive substance, other than sparkling devices\nas defined in subparagraph (vi) of this paragraph; and\n  (vi) "sparkling devices," as used in this section, includes:\n  (1) sparkling devices which are ground-based or hand-held devices that\nproduce a shower of white, gold, or colored sparks as their primary\npyrotechnic effect. Additional effects may include a colored flame, an\naudible crackling effect, an audible whistle effect, and smoke. These\ndevices do not rise into the air, do not fire inserts or projectiles\ninto the air, and do not explode or produce a report (an audible\ncrackling-type effect is not considered to be a report). Ground-based or\nhand-held devices that produce a cloud of smoke as their sole\npyrotechnic effect are also included in this category. Types of devices\nin this category include:\n  (A) cylindrical fountain: cylindrical tube containing not more than\nseventy-five grams of pyrotechnic composition that may be contained in a\ndifferent shaped exterior such as a square, rectangle, cylinder or other\nshape but the interior tubes are cylindrical in shape. Upon ignition, a\nshower of colored sparks, and sometimes a whistling effect or smoke, is\nproduced. This device may be provided with a spike for insertion into\nthe ground (spike fountain), a wood or plastic base for placing on the\nground (base fountain), or a wood or cardboard handle to be hand held\n(handle fountain). When more than one tube is mounted on a common base,\ntotal pyrotechnic composition may not exceed two hundred grams, and when\ntubes are securely attached to a base and the tubes are separated from\neach other on the base by a distance of at least half an inch (12.7\nmillimeters), a maximum total weight of five hundred grams of\npyrotechnic composition shall be allowed.\n  (B) cone fountain: cardboard or heavy paper cone containing not more\nthan fifty grams of pyrotechnic composition. The effect is the same as\nthat of a cylindrical fountain. When more than one cone is mounted on a\ncommon base, total pyrotechnic composition may not exceed two hundred\ngrams, as is outlined in this subparagraph.\n  (C) wooden sparkler/dipped stick: these devices consist of a wood\ndowel that has been coated with pyrotechnic composition. Upon ignition\nof the tip of the device, a shower of sparks is produced. Sparklers may\ncontain up to one hundred grams of pyrotechnic composition per item.\n  (2) novelties which do not require approval from the United States\ndepartment of transportation and are not regulated as explosives,\nprovided that they are manufactured and packaged as described below:\n  (A) party popper: small devices with paper or plastic exteriors that\nare actuated by means of friction (a string or trigger is typically\npulled to actuate the device). They frequently resemble champagne\nbottles or toy pistols in shape. Upon activation, the device expels\nflame-resistant paper streamers, confetti, or other novelties and\nproduces a small report. Devices may contain not more than sixteen\nmilligrams (0.25 grains) of explosive composition, which is limited to\npotassium chlorate and red phosphorus. These devices must be packaged in\nan inner packaging which contains a maximum of seventy-two devices.\n  (B) snapper: small, paper-wrapped devices containing not more than one\nmilligram of silver fulminate coated on small bits of sand or gravel.\nWhen dropped, the device explodes, producing a small report. Snappers\nmust be in inner packages not to exceed fifty devices each, and the\ninner packages must contain sawdust or a similar, impact-absorbing\nmaterial.\n  (b) The term "dangerous fireworks" means any fireworks capable of\ncausing serious physical injury and which are: firecrackers containing\nmore than fifty milligrams of any explosive substance, torpedoes,\nskyrockets and rockets including all devices which employ any\ncombustible or explosive substance and which rise in the air during\ndischarge, Roman candles, and bombs, provided, however, that in cities\nwith a population of one million or more, the term "dangerous fireworks"\nshall also include sparklers more than ten inches in length or\none-fourth of one inch in diameter, or chasers including all devices\nwhich dart or travel about the surface of the ground during discharge.\n  (c) "Fireworks" and "dangerous fireworks" shall not be deemed to\ninclude the following nor shall the purchase and use of any items listed\nbelow be subject to the provisions of section 61 of title 12 of the New\nYork state codes, rules and regulations or section four hundred eighty,\nfour hundred eighty-one, four hundred eighty-two or four hundred\neighty-three of the general business law:\n  (i) flares of the type used by railroads or any warning lights\ncommonly known as red flares, or marine distress signals of a type\napproved by the United States coast guard, or\n  (ii) toy pistols, toy canes, toy guns or other devices in which paper\ncaps containing twenty-five hundredths grains or less of explosive\ncompound are used, providing they are so constructed that the hand\ncannot come in contact with the cap when in place for use, and toy\npistol paper caps which contain less than twenty-hundredths grains of\nexplosive mixture, the sale and use of which shall be permitted at all\ntimes, or\n  (iii) bank security devices which contain not more than fifty grams of\nany compound or substance or any combination thereof, together with an\nigniter not exceeding 0.2 gram, capable of producing a lachrymating\nand/or visible or audible effect, where such device is stored or used\nonly by banks, national banking associations, trust companies, savings\nbanks, savings and loan associations, industrial banks, or credit\nunions, or by any manufacturer, wholesaler, dealer, jobber or common\ncarrier for such devices and where the total storage on any one premises\ndoes not exceed one hundred devices, or\n  (iv) except in cities with a population of one million or more,\n"fireworks" and "dangerous fireworks" shall not be deemed to include\n"sparkling devices" as defined in subparagraph (vi) of paragraph (a) of\nthis subdivision. The storage and retail sale of sparkling devices shall\nbe regulated in a manner that is not in conflict with the provisions of\nNFPA 1124, 2006 edition.\n  2. Offense. (a) Except as herein otherwise provided, or except where a\npermit is obtained pursuant to section 405.00 of this chapter:\n  (i) any person who shall offer or expose for sale, sell or furnish,\nany fireworks or dangerous fireworks is guilty of a class B misdemeanor;\n  (ii) any person who shall offer or expose for sale, sell or furnish\nany fireworks or dangerous fireworks valued at five hundred dollars or\nmore shall be guilty of a class A misdemeanor;\n  (iii) any person who shall possess, use, explode or cause to explode\nany fireworks or dangerous fireworks is guilty of a violation;\n  (iv) any person who shall offer or expose for sale, sell or furnish,\nany dangerous fireworks, fireworks or sparkling devices to any person\nwho is under the age of eighteen is guilty of a class A misdemeanor.\n  (b) A person who has previously been convicted of a violation of\nsubparagraph (iv) of paragraph (a) of this subdivision within the\npreceding five years and who shall offer or expose for sale, sell or\nfurnish, any dangerous fireworks to any person who is under the age of\neighteen, shall be guilty of a class E felony.\n  (c) Possession of fireworks or dangerous fireworks valued at one\nhundred fifty dollars or more shall be a presumption that such fireworks\nwere intended to be offered or exposed for sale.\n  3. Exceptions. (a) The provisions of this section shall not apply to:\n  (i) fireworks, dangerous fireworks, and sparkling devices while in\npossession of railroads, common or contract carriers, retailers,\nwholesalers, distributors, jobbers and transportation companies or\ntransportation agencies for the purpose of transportation to points\nwithout the state, the shipment of which is not prohibited by interstate\ncommerce commission regulations as formulated and published from time to\ntime, unless they be held voluntarily by such railroads, common or\ncontract carriers, retailers, wholesalers, distributors, jobbers and\ntransportation agencies or transporting companies as warehousemen for\ndelivery to points within the state;\n  (ii) signaling devices used by railroad companies or motor vehicles\nreferred to in subdivision seventeen of section three hundred\nseventy-five of the vehicle and traffic law;\n  (iii) high explosives for blasting or similar purposes;\n  (iv) fireworks, dangerous fireworks and sparkling devices for the use\nthereof by the United States military, and departments of the state and\nfederal government;\n  (v) the use, transportation and storage of fireworks, dangerous\nfireworks and sparkling devices and special effects materials in\nconnection with the production of motion pictures, television programs,\ncommercials, and all entertainment media recorded in any current or to\nbe designed format when such use, transportation and storage has been\nappropriately permitted by the local governmental subdivision having\njurisdiction.\n  (b) Nothing in this article shall be construed to prohibit:\n  (i) any manufacturer, wholesaler, retailer, dealer or jobber from\nmanufacturing, possessing or selling at wholesale a sparkling device to\nmunicipalities, religious or civic organizations, fair associations,\namusement parks, or other organizations authorized by the state to\nstore, transport, possess and use or to individuals to store, transport,\npossess and use;\n  (ii) the sale or use of blank cartridges for a motion picture,\ntelevision program, commercial and all entertainment media, or for\nsignal purposes in athletic sports, or for dog trials or dog training;\n  (iii) the use, storage, transportation or sale or transfer for use of\nfireworks and sparkling devices in the preparation for or in connection\nwith motion pictures, television programs, commercials, and all\nentertainment media recorded in any current or to be designed format\nwhen such use, transportation and storage has been appropriately\npermitted by the local governmental subdivision having jurisdiction;\n  (iv) the manufacture or sale of sparkling devices provided they are to\nbe shipped directly out of such city and any such items are sold in\naccordance with the provisions of this article; or\n  (v) except in cities with a population of one million or more,\npossession of sparkling devices lawfully obtained in another\njurisdiction.\n  4. Sales of ammunition not prohibited. Nothing contained in this\nsection shall be construed to prevent, or interfere in any way with, the\nsale of ammunition for revolvers or pistols of any kind, or for rifles,\nshot guns, or other arms, belonging or which may belong to any persons\nwhether as sporting or hunting weapons or for the purpose of protection\nto them in their homes, or, as they may go abroad; and manufacturers are\nauthorized to continue to manufacture, and wholesalers and dealers to\ncontinue to deal in and freely to sell ammunition to all such persons\nfor such purposes.\n  5. Notwithstanding the provisions of subdivision four of this section,\nit shall be unlawful for any dealer in firearms to sell any ammunition\ndesigned exclusively for use in a pistol or revolver to any person, not\nauthorized to possess a pistol or revolver. The violation of this\nsection shall constitute a class B misdemeanor.\n