Which Fireworks Are Legal And Illegal In Upstate New York?
What type of fireworks are legal, and considered illegal, here in Upstate New York for 2022?
If you remember correctly, a certain type of fireworks were legalized in New York state a few years ago. Each county of course also has different rules and regulations. However, for the most part, here's what we know thanks to Spectrum:
1) What's Legal
Ground-based fireworks that emit showers of sparks, handheld wood sparklers, party poppers and snappers are legal to buy and use in New York.
2) What's Illegal
Aerial consumer fireworks, firecrackers and chasers, skyrockets, roman candles, bombs and metal wire sparklers are illegal in New York state.
What Can You Be Charged With?
According to the Erie County District Attorney's Office, here's a look at what potential charges you could face in New York State using illegal fireworks:
Potential charges may include:
1) Unlawfully Dealing with Fireworks and Dangerous Fireworks: The sale of illegal fireworks (roman candles, bottle rockets, mines, pyrotechnics, etc.) is a Class “B” misdemeanor. Possession of these illegal fireworks is a violation.
2) Disorderly Conduct: Intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: making unreasonable noise. This charge is a violation.
3) Reckless Endangerment in the Second Degree: Recklessly engaging in conduct which creates a substantial risk of serious physical injury to another person. This charge is a Class “D” felony.
4) Cities, towns, and villages across the state may prohibit unreasonable noise. There may be sound ordinances you would have to know of where you are shooting fireworks off at.
The possession of illegal fireworks is a Class B misdemeanor, which means you could face up to a year in jail.
Are Fireworks Legal in NYC?
According to Raphaelson and Levine Law Firm, New York City has extremely strict laws against fireworks use. It is illegal to use, buy, sell, or transport any consumer fireworks in NYC.
There are large consequences for being caught with illegal fireworks in New York City, in fact, the police can even seize vehicles used to transport fireworks."