In a statement to YWN, Sullivan County Sheriff Michael Schiff wished everyone a happy and safe 4th of July holiday. Citizens are reminded that fireworks are illegal in New York State except for professional displays that are licensed. “Fireworks were banned years ago for safety reasons”, said the Sheriff. “Even a child’s sparkler burns at 1200 degrees Fahrenheit. Many children have been burned or lost eyes from illegal fireworks. Let us all join together and avoid tragedy this holiday weekend”.

Meanwhile, the NYPD was busy confiscating fireworks in multiple raids across the city. One raid resulted in the confiscation of 40 cases of fireworks – with a street value of $10,000.

Firework retailers in bordering states of Pennsylvania, Ohio, and Vermont provide an avenue for individuals to legally purchase fireworks. During this holiday season the State Police will be targeting those individuals transporting fireworks into New York in an effort to curtail the illegal flow of fireworks into and through New York State.

Fireworks are a traditional means to celebrate Independence Day, but it is critical that they are left in the hands of authorized professionals. Fireworks are not only illegal in New York State, they are dangerous, and in the hands of untrained individuals can have tragic consequences.

A recent study by the U.S. Consumer Product Safety Commission found that nearly seventy percent of all fireworks related injuries take place around the Independence-day holiday. The study revealed that more than fifty percent of those injuries involve children and teenagers. Common firecrackers, sparklers and rockets account for nearly half of all injuries. The New York State Police handles an average of one thousand fireworks-related incidents each year and many of these, unfortunately, result in injury and disfigurement. In an effort to ensure the safety of New York’s families during the upcoming holiday season, the New York State Police is taking proactive measures, this year to ensure firework laws are aggressively enforced.

New York State’s Fireworks Law

Section 270 of the state Penal Law governs the possession, sale and use of illegal fireworks.

“Fireworks” include “any blank cartridge; blank cartridge pistol or toy cannon in which explosives are used, firecrackers, sparklers, or other combustible or explosive of like construction.”

“Dangerous Fireworks” include “any fireworks capable of causing serious physical injury and which are: firecrackers containing more than 50 milligrams of any explosive substance, torpedoes, skyrockets and rockets such as Roman candles, bombs, sparklers more than ten inches in length or one-fourth of an inch in diameter, or chasers including all devices which dart or travel about the surface of the ground during discharge.”

Under the law, fireworks do NOT include railroad or marine flares, or toy devices that use paper caps containing .25 grains or less of explosive compound. Such devices must be designed so that the hand cannot come in contact with the cap when in place for use.

A person who possesses, uses, or explodes any fireworks or dangerous fireworks is guilty of a violation.

A person who offers, exposes for sale, sells or furnishes fireworks or dangerous fireworks to another person is guilty of a Class B misdemeanor; when the value of the fireworks is more than $500, the provider is guilty of a Class A misdemeanor.

A person who offers, exposes for sale, sells or furnishes fireworks or dangerous fireworks to a person under age 18 is guilty of a Class A misdemeanor.

A person who has been convicted of a fireworks violation during the previous five years and who offers, sells or furnishes fireworks to a person under age 18 is guilty of a Class E felony.

(YWN Sullivan County Field Division)