Is it legal to buy fireworks in New York State?

SYRACUSE, N.Y. (WSYR-TV) — As we get closer to the 4th of July the Oneida County Sheriff’s office wants to remind people what is legal when it comes to buying fireworks and when they can buy them.

A 2014 change in New York State Penal Law allows for the sale and use of only a specific category of consumer fireworks known as “Sparkling Devices”. All other fireworks are still illegal in New York State.

Sparkling Devices are ground-based or handheld devices that produce a shower of colored sparks and or a colored flame, audible crackling or whistling noise and smoke.

The law limits the type, size and construction of Sparkling Devices. The law also requires that these devices must be handheld or mounted on a base or spike. They must also be limited in sizes that range from 1 to 500 grams of pyrotechnic composition.

According to the Division of Homeland Security and Emergency Services, the sales of Sparkling Devices by certified temporary stands or tents can only occur from June 20 to July 5 and December 26 to January 2. More information regarding the sale of fireworks can be found on the state’s website.

The sale and use of these sparkler devices are only permitted in Oneida County on or between June 1st and July 5th and December 26th and January 2nd .

In New York State individuals ages 18 and older can purchase sparkler devices.

This time of year, law enforcement agencies across the state say that they see an increase in the number of fireworks-related complaints. Nearly all the complaints involve the use of Illegal fireworks that are not allowed under the local law.

Illegal fireworks typically are those that are lit or ignited from the bottom and produce explosion sounds, rise into the air, and then explode, or project into the air.

Examples of illegal fireworks include firecrackers, M80’s, flaming balls, bottle rockets, mortars, spinners, and Roman candles. These fireworks violate the NYS Penal Law section 270 which is a class B misdemeanor) and depending on the time of day can also violate local municipal noise ordinances.

When using legal sparkler devices, there is still danger involved and precautions are still needed. here are some safety tips provided by the Oneida County Sheriff’s Office to make sure you are staying safe.

• Always follow the directions located on the packaging.
• All sparklers are for outdoor use only, never use indoors.
• Always wear eye protection when using sparklers.
• Never light more than one sparkler at a time.
• Never point a sparkler tube towards anyone or any part of your body.
• Keep sparklers and novelty devices in a safe secure location when not in use.
• Never use sparklers when under the influence of alcohol or drugs.
• Always keep an approved fire extinguisher nearby during a display.
• Never try to relight or handle malfunctioning fireworks.
• Douse malfunctioning and spent devices with water before discarding them to prevent a fire.
• Purchase sparklers and novelty devices from NY State registered retailers.

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