With the summer months just around the corner, many New Yorkers want to enjoy the Memorial Day and Fourth of July festivities with the use of fireworks. In 2015, New York State changed the legislation to allow the use and sale of certain fireworks that are categorized as “Sparkling Devices,” or sparklers, as we know them. Please note that not all counties in New York State have opted to make sparkling devices legal, including Nassau and Suffolk Counties.
Now, sparklers can be found in grocery stores, at fireworks stands, and many other retailers for certain weeks of the year. Permanent and specialty retailers that sell sparkling devices are only permitted to do so from June 1-July 5, and December 26-January 1. Temporary tents and stands can only sell sparkling devices between June 20 and July 5, and December 26 until January 1. These retailers are only permitted to sell sparklers to those who are 18 years and older. Additionally, metal sparklers remain illegal and only wooden sparklers are permitted.
It is important to be aware that all other categories of consumer fireworks are still illegal in New York State. These include bottle rockets, roman candles, firecrackers, spinners, and aerial devices. All fireworks, including those categorized as Sparkling Devices, are still illegal in all boroughs of New York City. Those who use illegal fireworks without a permit may be subject to a $750 fine.
If you have questions about the laws in New York State, contact an experienced criminal law attorney who can provide you with assistance in this matter. In addition, it is important to make sure you have the appropriate permits for other consumer fireworks.
If you are in need of experienced legal counsel in New York State, please contact Grunwald & Seman, P.C. and we would be happy to assist you.