NY Penal L § 270.00 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title P - Offenses Against Public Safety Article 270 - Other Offenses Relating to Public Safety 270.00 - Unlawfully Dealing With Fireworks and Dangerous Fireworks.

§ 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, "fireworks" and "dangerous fireworks" shall not  be  deemed  to  include "sparkling  devices" as defined in subparagraph (vi) of paragraph (a) of this subdivision. The storage and retail sale of sparkling devices shall be regulated in a manner that is not in conflict with the provisions  of NFPA 1124, 2006 edition.   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   another jurisdiction.   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.