N.Y. Penal Law § 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.