Assembly Bill A9006B

2009-2010 Legislative Session

Relates to offenses relating to possession or sale of fireworks, sparkling devices and ammunition

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2010	print number 9006b
Jun 08, 2010	amend (t) and recommit to codes
Jan 06, 2010	referred to codes
Nov 19, 2009	print number 9006a
Nov 19, 2009	amend and recommit to codes
Jun 18, 2009	referred to codes

Bill Amendments

2009-A9006 - Details

See Senate Version of this Bill:: S5932
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§270.00 & 270.05, add Art 271 §§271.00 - 271.45, Pen L; amd §156, add §156-h, Exec L
Versions Introduced in 2011-2012 Legislative Session:: A4362, S4529

2009-A9006 - Summary

Relates to offenses relating to possession or sale of fireworks and ammunition and registration requirements for the manufacturing, distributing and sale of sparklers.

2009-A9006 - Sponsor Memo

                                BILL NUMBER:A9006

TITLE  OF BILL:   An act to amend the penal law, in relation to offenses
relating to possession or sale of fireworks and ammunition

PURPOSE: This bill is intended to modernize  the  statute  dealing  with
illegal  fireworks,  provide  additional definitions of what constitutes
fireworks and dangerous  fireworks  and  clarify  that  certain  novelty
devices, which are not recognized as fireworks by the federal government
are  treated similarly by the state of New York. The bill also increases
the penalty for the unlawful possession of  dangerous  fireworks,  which
are capable of causing serious physical injury.

SUMMARY  OF PROVISIONS: Section one of this bill amends subdivision 1 of
section 270.00 of the penal law to remove from its definition of  "Fire-
works"  and  "Dangerous  Fireworks"  consumer  fireworks, novelties, toy
caps, and similar devices as defined by APA Standard 87-1, 3.1 and  3.5.
In  addition  to  being  removed  from the definition of "Fireworks" and
"Dangerous Fireworks" this  section  also  removes  consumer  fireworks,
novelties,  toy  caps,  and  similar  devices as defined by APA Standard
87-1, 3.1 and 3.5 from the definition of explosives and pyrotechnics.

Additionally this section provides definitions for "display  fireworks",
"articles  pyrotechnic" and "special effects", all of which are included
under the definition of "Fireworks"

Section  two  of  the  bill  adds  Article  271  "Offenses  Relating  to
Possession of Sale of Fireworks and Ammunition" to the penal law.

Section 271.05 defines the crime of criminal possession or sale of fire-
works  in  the  second  degree.  Includes sale, sell, or furnish display
fireworks without a required permit or sale, sell, or  furnish  consumer
fireworks  or  novelties to any person who is under the age of eighteen.
Provides penalty of a class B misdemeanor.

Section 271.10 defines the crime of criminal possession or sale of fire-
works in the first degree. Includes sale, sell, or furnish of any  fire-
works  or display fireworks valued at five hundred dollars or more with-
out a required permit or sale,  sell,  or  furnish  consumer  fireworks,
novelties,  or  display  fireworks to any person who is under the age of
eighteen. Provides penalty of a class A misdemeanor.

Section 271.15 defines the crime of unlawful  possession  of  fireworks.
Occurs  when  a  person shall possess, use, explode, or cause to explode
fireworks or display fireworks. Provides penalty of a violation.

Section 271.20 defines the crime of aggravated sale of  fireworks  to  a
minor. Occurs when a person commits a crime defined in section 271.05 or
271.10  of  this article within five years of being convicted of commit-
ting a crime defined in  section  271.05  or  271.10  of  this  article.
Provides penalty of a class E felony.

Section  271.25  provides  the  presumption  that criminal possession of
fireworks or display fireworks valued at one hundred fifty dollars means
that such fireworks were intended to be offered or exposed for sale.

Section  271.30  describes  the  limitations of application of the above
mentioned provisions. Included in these limitations is a prohibition  of
the  manufacture,  sale,  possession, use, transportation, or storage of
consumer fireworks in cities with a population of one million or more.

EXISTING LAW:; Section 270.00 of the penal law was derived from  section
1844-a  of  the Penal Law of 1909 which was enacted into law in 1940. In
1997 certain fireworks were reclassified as "dangerous fireworks". These
fireworks are capable of causing serious  physical  injury  and  include
torpedoes,  skyrockets,  Roman candles and bombs.  Current law penalizes
as a violation the possession or use of  fireworks  or  dangerous  fire-
works,  and  penalizes as a class B misdemeanor the sale of fireworks or
dangerous fireworks. Any person who sells fireworks or  dangerous  fire-
works  valued  at  $500  or  more, or who sells dangerous fireworks to a
minor, is guilty of a class A  misdemeanor.  Finally,  any  person  who,
within  the past five years has previously been convicted of the sale of
dangerous fireworks, is guilty of a class E felony.

JUSTIFICATION: The current law has not been  used  effectively  in  part
because  of poor definitions. Courts have thrown out indictments because
of poor definitions of the term fireworks. This bill  strengthens  those
definitions.  In  addition  very  few  arrests and convictions have been
obtained under the current statute. Since 1996, 63 convictions have been
obtained  statewide.  In  1999  and  2000  only  five  convictions  were
obtained.  By  modernizing  the  statute and clearly defining fireworks,
dangerous fireworks and novelty  devices,  the  bill  will  provide  law
enforcement  with an important tool in reducing the use of illegal fire-
works and homemade devices and encouraging the use of safe  and  legally
regulated novelty devices.  The amendments provide for technical changes
to  the definitions of "explosive composition" and "pyrotechnic composi-
tion." They also update the current definition of sparkler's  as  either
wood  stick  or  wire,  and  define  handheld  or ground based sparkling
devices (also known as cone or  cylindrical  fountain  sparklers)  as  a
separate category of fireworks. The Consumer Products Safety Commission,
hereinafter, CPSC, has outlawed sparkler's containing magnesium, so that
definition  is  deleted and a definition of these devices based upon the
weight of the pyrotechnic composition as used by both the CPSC  and  the
United States Department of Transportation is substituted.  Explosive or
aerial  sparkling  devices  are added to the list of dangerous fireworks
and the provision making sparklers more than ten  inches  in  length  or
one-fourth  of  an inch in diameter is deleted, as these sparklers would
now be judged by weight of pyrotechnic composition, not length or  size.
Sparklers  would still be defined as fireworks and still be banned with-
out an appropriate permit, assuming the weight requirement was  met.  To
meet  the  concerns  of  the City of New York, the definition of novelty
devices is subdivided into four  separate  categories  and  all  novelty
devices  would  still  be deemed fireworks and prohibited by this legis-
lation in cities with a population in excess of one  million.  In  other

areas  of the state, possession and sale of these items would be permit-
ted. A second category would include handheld and ground based sparkling
devices which are non-explosive and non-aerial and which  contain  small
amount s of pyrotechnic composition. These devices, also called fountain
sparklers,  although permitted to be manufactured, possessed and sold by
the CPSC, are items subject to special shipping,  storage  and  handling
requirements  by  the  federal  government  and admittedly are currently
prohibited by state statute.  This amended bill would permit these items
to be possessed and sold in New York State. However, as to cities with a
population of one million or more, these  items  would  continue  to  be
deemed "fireworks" and prohibited in such city by the provisions of this
amendment. A third category would include toy pistols and toy caps which
currently  are  not  considered  fireworks under the Penal Law. The last
category of novelty devices includes trick noisemakers, including  party
poppers,  snappers  and  drop  pops  containing  very  small  amounts of
explosive composition. It is believed these item s, very similar to  toy
cap  guns, are not covered by the current statute and their legal status
statewide needs to be clarified. The amendment also prohibits  the  sale
of snakes, glow worms, smoke devices and small wood stick or wire spark-
lers  to minors under the age of sixteen and prohibits the sale of foun-
tain sparklers to minor's under the age of eighteen. Pursuant  t  o  the
amendments, repeat sales to a minor of these items subjects the offender
to  felony  prosecution.  Since the article now prohibits the possession
and sale of certain novelty devices in the City of New York and the sale
of certain novelty devices to a minor, the exemption of novelty  devices
from  application of the proposed article contained in section 271.30 of
the bill is removed.

LEGISLATIVE HISTORY: New Bill
Similar to A.4725/ 5.3162 of 2009-2010
A.7603D/S.5037D of 2007-2008
A.8971B/S.4424C of 2005-2006
A.11541/S.7443 of 2003-2004

FISCAL IMPLICATIONS: Minimal. possible additional sales tax revenue  due
to  increased  sales  of  additional  novelty devices not clearly lawful
prior to the enactment of this legislation.

LOCAL FISCAL IMPLICATIONS: Possible additional sales tax revenues.  Some
law enforcement efficiency due to more clear definition of terms.

EFFECTIVE DATE:; November first next succeeding the date it shall become
a law.

2009-A9006 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 5932                                                  A. 9006

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 18, 2009
                               ___________

IN  SENATE  --  Introduced  by Sen. STACHOWSKI -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

IN ASSEMBLY -- Introduced by M. of A. MORELLE -- read once and  referred
  to the Committee on Codes

AN  ACT  to  amend  the  penal  law, in relation to offenses relating to
  possession or sale of fireworks and ammunition

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  270.00  of the penal law, as
amended by chapter 180 of the laws  of  1997,  is  amended  to  read  as
follows:
  1.    Definition of "fireworks," "ARTICLES PYROTECHNIC" and "dangerous
fireworks".
  (A) The term "fireworks," as used in this  section,  [is  defined  and
declared  to  be  and  to  include  any blank cartridge, blank cartridge
pistol, or toy cannon in which explosives are used, firecrackers, spark-
lers or other combustible or explosive  of  like  construction,  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 detona-
tion, or other  device  containing  any  explosive  substance  and  the]
INCLUDES:
  (I)  DISPLAY  FIREWORKS,  WHICH  MEANS FIREWORKS DEVICES IN A FINISHED
STATE, EXCLUSIVE OF MERE ORNAMENTATION, PRIMARILY INTENDED  FOR  COMMER-
CIAL  DISPLAYS  WHICH  ARE  DESIGNED  TO  PRODUCE VISIBLE AND/OR AUDIBLE
EFFECTS BY COMBUSTION, DEFLAGRATION OR DETONATION,  INCLUDING,  BUT  NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14370-02-9

S. 5932                             2                            A. 9006

LIMITED  TO, SALUTES CONTAINING MORE THAN 130 MG (2 GRAINS) OF EXPLOSIVE
COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
TION EXCLUSIVE OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY  ITEMS  THAT
EXCEED  THE  LIMITS  CONTAINED  IN  THE AMERICAN PYROTECHNIC ASSOCIATION
(APA) STANDARD 87-1 FOR CONSUMER FIREWORKS;
  (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
SIONAL 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 NOT  LABELED  AS  SUCH  AND
CLASSIFIED  BY  THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49 CFR
172.101 AS UN0431; AND
  (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  AUDI-
BLE,  VISUAL,  MECHANICAL,  OR  THERMAL  EFFECT AS AN INTEGRAL PART OF A
MOTION PICTURE, RADIO, TELEVISION, THEATRICAL, OR OPERA  PRODUCTION,  OR
LIVE ENTERTAINMENT.
  (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  combusti-
ble  or  explosive substance and which rise in the air during discharge,
Roman candles, AND bombs[, 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 [(1)]:
  (I) flares of the type used by railroads or any warning lights common-
ly known as red flares, or marine distress signals of a type approved by
the United States coast guard, or
  [(2)]  (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
  [(3)] (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  lachry-
mating  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 cred-
it  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) CONSUMER FIREWORKS WHICH  ARE  REMOVED  FROM  THE  DEFINITION  OF
EXPLOSIVES  AND  PYROTECHNICS IN THIS ARTICLE AND SECTION 405.00 OF THIS
CHAPTER AND THAT ARE DEFINED IN APA STANDARD 87-1, 3.1 AND 3.5, OR
  (V) NOVELTIES WHICH ARE REMOVED FROM THE DEFINITION OF EXPLOSIVES  AND
PYROTECHNICS IN THIS ARTICLE AND SECTION 405.00 OF THIS CHAPTER AND THAT
ARE DEFINED IN APA STANDARD 87-1, 3.2, OR
  (VI)  TOY CAPS WHICH ARE REMOVED FROM THE DEFINITION OF EXPLOSIVES AND
PYROTECHNICS IN THIS ARTICLE AND SECTION 405.00 AND THAT ARE DEFINED  IN
APA STANDARD 87-1, 3.3, OR

S. 5932                             3                            A. 9006

  (VII)  SIMILAR  DEVICES  WHICH  ARE  REMOVED  FROM  THE  DEFINITION OF
EXPLOSIVES AND PYROTECHNICS IN THIS ARTICLE AND SECTION 405.00  OF  THIS
CHAPTER  AND WHICH ARE NOT SPECIFICALLY DESCRIBED IN THIS PARAGRAPH, BUT
RECOGNIZED BY THE AMERICAN  PYROTECHNICS  ASSOCIATION  AS  BEING  ALMOST
IDENTICAL  IN  AN  INCENDIARY OR EXPLOSIVE NATURE SO AS TO SUBSTANTIALLY
REPLICATE ANYTHING DEFINED AS A CONSUMER FIREWORK, NOVELTY OR TOY CAP.
  S 2. The penal law is amended by adding a new article 271 to  read  as
follows:
                                ARTICLE 271
               OFFENSES RELATING TO POSSESSION OR SALE OF
                        FIREWORKS AND AMMUNITION
SECTION 271.00 DEFINITIONS AND PENALTIES.
        271.05 CRIMINAL  POSSESSION  OR  SALE OF FIREWORKS IN THE SECOND
                 DEGREE.
        271.10 CRIMINAL POSSESSION OR SALE OF  FIREWORKS  IN  THE  FIRST
                 DEGREE.
        271.15 UNLAWFUL POSSESSION OF FIREWORKS.
        271.20 AGGRAVATED SALE OF FIREWORKS TO A MINOR.
        271.25 CRIMINAL POSSESSION OF FIREWORKS; PRESUMPTION.
        271.30 LIMITATION OF APPLICATION.
        271.35 SALE OF AMMUNITION NOT PROHIBITED.
        271.40 UNLAWFUL SALE OF AMMUNITION.
S 271.00 DEFINITIONS AND PENALTIES.
  1.  "PYROTECHNIC  COMPOSITIONS"  MEANS  A  MIXTURE  OF  CHEMICALS THAT
PRODUCE A VISIBLE OR AUDIBLE EFFECT  BY  COMBUSTION  RATHER  THAN  RAPID
DEFLAGRATION  OR  DETONATION AND WHICH CANNOT EXPLODE ON IGNITION UNLESS
SEVERELY CONFINED.
  2. "EXPLOSIVE COMPOSITION" MEANS A CHEMICAL OR  MIXTURE  OF  CHEMICALS
THAT  PRODUCES  AN  AUDIBLE  EFFECT  AND  SUBSTANTIAL EXPLOSIVE FORCE BY
DEFLAGRATION OR DETONATION WHEN IGNITED.
  3. "LOCAL GOVERNMENTAL SUBDIVISION" MEANS  A  COUNTY,  CITY,  TOWN  OR
VILLAGE.
S 271.05 CRIMINAL POSSESSION OR SALE OF FIREWORKS IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF CRIMINAL POSSESSION OR SALE OF FIREWORKS IN THE
 SECOND DEGREE WHEN:
   1. HE OR SHE SHALL OFFER OR EXPOSE FOR SALE,  SELL  OR  FURNISH,  ANY
 DISPLAY FIREWORKS EXCEPT WHERE A PERMIT IS OBTAINED PURSUANT TO SECTION
 405.00 OF THIS CHAPTER; OR
   2.  HE  OR  SHE  SHALL  OFFER OR EXPOSE FOR SALE, SELL OR FURNISH ANY
 CONSUMER FIREWORKS OR NOVELTIES TO ANY PERSON WHO IS UNDER THE  AGE  OF
 EIGHTEEN.
   CRIMINAL  POSSESSION  OR  SALE OF FIREWORKS IN THE SECOND DEGREE IS A
 CLASS B MISDEMEANOR.
 S 271.10 CRIMINAL POSSESSION OR SALE OF FIREWORKS IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OR SALE OF FIREWORKS IN THE
 FIRST DEGREE WHEN:
   1. HE OR SHE SHALL OFFER OR EXPOSE FOR SALE,  SELL  OR  FURNISH,  ANY
 FIREWORKS  OR  DISPLAY FIREWORKS VALUED AT FIVE HUNDRED DOLLARS OR MORE
 EXCEPT WHERE A PERMIT IS OBTAINED PURSUANT TO SECTION  405.00  OF  THIS
 CHAPTER; OR
   2.  HE  OR  SHE  SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH, ANY
 NOVELTIES, CONSUMER FIREWORKS OR DISPLAY FIREWORKS TO ANY PERSON WHO IS
 UNDER THE AGE OF EIGHTEEN.
   CRIMINAL POSSESSION OR SALE OF FIREWORKS IN THE  FIRST  DEGREE  IS  A
 CLASS A MISDEMEANOR.
 S 271.15 UNLAWFUL POSSESSION OF FIREWORKS.

S. 5932                             4                            A. 9006

   A  PERSON  IS GUILTY OF UNLAWFUL POSSESSION OF FIREWORKS WHEN, EXCEPT
 AS OTHERWISE STATED IN THIS  ARTICLE,  OR  EXCEPT  WHERE  A  PERMIT  IS
 OBTAINED  PURSUANT  TO  SECTION 405.00 OF THIS CHAPTER. HE OR SHE SHALL
 POSSESS, USE, EXPLODE OR CAUSE TO  EXPLODE  ANY  FIREWORKS  OR  DISPLAY
 FIREWORKS.
   UNLAWFUL POSSESSION OF FIREWORKS IS A VIOLATION.
 S 271.20 AGGRAVATED SALE OF FIREWORKS TO A MINOR.
   A PERSON IS GUILTY OF AGGRAVATED SALE OF FIREWORKS TO A MINOR WHEN HE
 OR SHE COMMITS THE CRIME OF CRIMINAL POSSESSION OR SALE OF FIREWORKS IN
 THE  FIRST  DEGREE  AS DEFINED IN SECTION 271.10 OF THIS ARTICLE OR THE
 CRIME OF CRIMINAL POSSESSION OR SALE OF FIREWORKS IN THE SECOND  DEGREE
 AS  DEFINED  IN  SECTION 271.05 OF THIS ARTICLE AND HAS WITHIN THE PAST
 FIVE YEARS BEEN PREVIOUSLY CONVICTED OF CRIMINAL POSSESSION OR SALE  OF
 FIREWORKS  IN  THE FIRST DEGREE OR CRIMINAL POSSESSION OR SALE OF FIRE-
 WORKS IN THE SECOND DEGREE.
   AGGRAVATED SALE OF FIREWORKS TO A MINOR IS A CLASS E FELONY.
 S 271.25 CRIMINAL POSSESSION OF FIREWORKS; PRESUMPTION.
   EXCEPT WHERE A PERMIT IS OBTAINED PURSUANT TO SECTION 405.00 OF  THIS
 CHAPTER,  POSSESSION  OF  FIREWORKS  OR DISPLAY FIREWORKS VALUED AT ONE
 HUNDRED FIFTY DOLLARS OR MORE SHALL BE A PRESUMPTION  THAT  SUCH  FIRE-
 WORKS WERE INTENDED TO BE OFFERED OR EXPOSED FOR SALE.
 S 271.30 LIMITATION OF APPLICATION.
   1. THIS ARTICLE SHALL NOT APPLY TO:
   (A)  FIREWORKS, DANGEROUS FIREWORKS, CONSUMER FIREWORKS AND NOVELTIES
 WHILE IN POSSESSION OF RAILROADS, COMMON OR CONTRACT CARRIERS,  RETAIL-
 ERS, 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  INTER-
 STATE  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 TRANSPORTATION COMPANIES AS WAREHOUSEMEN FOR
 DELIVERY TO POINTS WITHIN THE STATE;
   (B) 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;
   (C) HIGH EXPLOSIVES FOR BLASTING OR SIMILAR PURPOSES;
   (D) FIREWORKS, FOR THE USE THEREOF BY THE UNITED STATES MILITARY, AND
 DEPARTMENTS OF THE STATE AND FEDERAL GOVERNMENT; OR
   (E) THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, CONSUMER  FIRE-
 WORKS,  ARTICLES  PYROTECHNIC, NOVELTIES, SIMILAR DEVICES, PYROTECHNICS
 AND SPECIAL EFFECTS MATERIALS IN  CONNECTION  WITH  THE  PRODUCTION  OF
 MOTION  PICTURES,  TELEVISION  PROGRAMS,  COMMERCIALS,  AND  ALL ENTER-
 TAINMENT 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.
   (F)  THE  USE,  TRANSPORTATION  AND  STORAGE  OF  EXPLOSIVES  IN  THE
 PRODUCTION  OF  MOTION  PICTURES,  TELEVISION PROGRAMS, COMMERCIALS AND
 SIMILAR ENTERTAINMENT MEDIA PRODUCTION PROVIDED THE USE, TRANSPORTATION
 AND STORAGE OF EXPLOSIVES ARE UNDER THE CONTROL OF ONE OR MORE INDIVID-
 UALS AUTHORIZED BY FEDERAL LAW OR REGULATION TO  HANDLE  SUCH  MATERIAL
 AND  THAT  SUCH  EXPLOSIVE MATERIAL IS USED, TRANSPORTED AND STORED AND
 OTHERWISE HANDLED IN ACCORDANCE WITH FEDERAL LAW OR REGULATION.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT:
   (A) ANY MANUFACTURER, WHOLESALER, RETAILER,  DEALER  OR  JOBBER  FROM
 MANUFACTURING,  POSSESSING  OR SELLING AT WHOLESALE SUCH CONSUMER FIRE-

S. 5932                             5                            A. 9006

 WORKS, NOVELTIES, OR TOY CAPS OR  SIMILAR  DEVICES  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.
  (B)  THE  SALE  OR USE OF BLANK CARTRIDGES FOR A MOTION PICTURE, TELE-
VISION PROGRAM, COMMERCIAL AND ALL ENTERTAINMENT MEDIA,  OR  FOR  SIGNAL
PURPOSES IN ATHLETIC SPORTS, OR FOR DOG TRIALS OR DOG TRAINING;
  (C)  THE  USE,  STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE OF
FIREWORKS 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; OR
  (D) THE MANUFACTURE OR SALE OF CONSUMER FIREWORKS, NOVELTIES, TOY CAPS
AND SIMILAR DEVICES PROVIDED THEY ARE TO BE SHIPPED DIRECTLY OUT OF  THE
STATE  AND  ANY SUCH ITEMS ARE SOLD IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE.
  (E) EXCEPT AS SPECIFICALLY PROHIBITED BY ANY OTHER PROVISION  OF  THIS
ARTICLE,  THE  SALE,  DISTRIBUTION,  USE,  STORAGE,  TRANSPORTATION  AND
POSSESSION OF  CONSUMER  FIREWORKS,  NOVELTIES,  TOY  CAPS  AND  SIMILAR
DEVICES THROUGHOUT THE STATE.
  3.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS ARTICLE, THE MANUFAC-
TURE, SALE, POSSESSION, USE,  TRANSPORTATION,  OR  STORAGE  OF  CONSUMER
FIREWORKS  IS  PROHIBITED  IN CITIES WITH A POPULATION OF ONE MILLION OR
MORE.
S 271.35 SALE OF AMMUNITION NOT PROHIBITED.
  NOTHING CONTAINED IN THIS ARTICLE 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, SHOTGUNS, OR OTHER  ARMS,  BELONGING
OR  WHICH MAY BELONG TO ANY PERSONS WHETHER AS SPORTING OR HUNTING WEAP-
ONS OR FOR THE PURPOSE OF PROTECTION TO THEM IN THEIR HOMES, OR, AS THEY
MAY GO ABROAD; AND MANUFACTURERS ARE AUTHORIZED TO CONTINUE TO  MANUFAC-
TURE,  AND  WHOLESALERS AND DEALERS TO CONTINUE TO DEAL IN AND FREELY TO
SELL AMMUNITION TO ALL SUCH PERSONS FOR SUCH PURPOSES.
S 271.40 UNLAWFUL SALE OF AMMUNITION.
  NOTWITHSTANDING THE PROVISIONS OF SECTION 271.35 OF THIS  ARTICLE,  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.
  UNLAWFUL SALE OF AMMUNITION IS A CLASS B MISDEMEANOR.
  S  3.  Subdivision  4  of section 270.05 of the penal law, as added by
chapter 286 of the laws of 1978, is amended to read as follows:
  4.  Bank  security  devices  not  prohibited.    Notwithstanding   the
provisions  of subdivision one of this section, it shall not be unlawful
for any bank, national banking association, trust company, savings bank,
savings and loan association, industrial bank, or credit union to store,
possess, transport, use or cause to discharge any bank  security  device
as  described  in  [subdivision one of] section 270.00 of this [chapter]
ARTICLE; nor shall it be  unlawful  for  any  manufacturer,  wholesaler,
dealer,  jobber or common carrier to manufacture, store, possess, trans-
port, or sell such a device to  banks,  national  banking  associations,
trust  companies,  savings  banks, savings and loan associations, indus-
trial banks or credit unions.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

co-Sponsors

2009-A9006A - Details

See Senate Version of this Bill:: S5932
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§270.00 & 270.05, add Art 271 §§271.00 - 271.45, Pen L; amd §156, add §156-h, Exec L
Versions Introduced in 2011-2012 Legislative Session:: A4362, S4529

2009-A9006A - Summary

Relates to offenses relating to possession or sale of fireworks and ammunition and registration requirements for the manufacturing, distributing and sale of sparklers.

2009-A9006A - Sponsor Memo

                                BILL NUMBER:A9006A

TITLE  OF BILL:   An act to amend the penal law, in relation to offenses
relating to possession or sale of fireworks and ammunition

PURPOSE: This bill is intended to modernize  the  statute  dealing  with
illegal  fireworks,  provide  additional definitions of what constitutes
fireworks and dangerous  fireworks  and  clarify  that  certain  novelty
devices, which are not recognized as fireworks by the federal government
are  treated similarly by the state of New York. The bill also increases
the penalty for the unlawful possession of  dangerous  fireworks,  which
are capable of causing serious physical injury.

SUMMARY  OF PROVISIONS: Section one of this bill amends subdivision 1 of
section 270.00 of the penal law to remove from its definition of  "Fire-
works"  and  "Dangerous  Fireworks"  consumer  fireworks, novelties, toy
caps, and similar devices as defined by APA Standard 87-1, 3.1 and  3.5.
In  addition  to  being  removed  from the definition of "Fireworks" and
"Dangerous Fireworks" this  section  also  removes  consumer  fireworks,
novelties,  toy  caps,  and  similar  devices as defined by APA Standard
87-1, 3.1 and 3.5 from the definition of explosives and pyrotechnics.

Additionally this section provides definitions for "display  fireworks",
"articles  pyrotechnic" and "special effects", all of which are included
under the definition of "Fireworks"

Section  two  of  the  bill  adds  Article  271  "Offenses  Relating  to
Possession  of  Sale  of  Fireworks  and  Ammunition"  to the penal law.
Section 271.05 defines the crime of criminal possession or sale of fire-
works or dangerous fireworks in the second degree. Includes sale,  sell,
or furnish display fireworks without a required permit or sale, sell, or
furnish consumer fireworks or novelties or similar devices to any person
who  is under the age of eighteen.  Provides penalty of a class B misde-
meanor.

Section 271.10 defines the crime of criminal possession or sale of fire-
works or dangerous fireworks in the first degree. Includes  sale,  sell,
or  furnish  of  any  fire-  works or dangerous fireworks valued at five
hundred dollars or more without a required  permit  or  sale,  sell,  or
furnish  consumer  fireworks, novelties, novelties or similar devices to
any person who is under the age of eighteen. Provides penalty of a class
A misdemeanor.

Section 271.15 defines the crime of unlawful  possession  of  fireworks.
Occurs  when  a  person shall possess, use, explode, or cause to explode
fireworks or dangerous fireworks. Provides penalty of a violation.

Section 271.20 defines the crime of aggravated sale of  fireworks  to  a
minor. Occurs when a person commits a crime defined in section 271.05 or
271.10  of  this article within five years of being convicted of commit-
ting a crime defined in  section  271.05  or  271.10  of  this  article.
Provides penalty of a class E felony.

Section  271.25  provides  the  presumption  that criminal possession of
fireworks or display fireworks valued at one hundred fifty dollars means
that such fireworks were intended to be offered or exposed for sale.

Section  271.30  describes  the  limitations of application of the above
mentioned provisions. Included in these limitations is a prohibition  of
the  manufacture,  sale  or  use  of consumer fireworks in cities with a
population of one million or more.

EXISTING LAW:; Section 270.00 of the penal law was derived from  section
1844-a  of  the Penal Law of 1909 which was enacted into law in 1940. In
1997 certain fireworks were reclassified as "dangerous fireworks". These
fireworks are capable of causing serious  physical  injury  and  include
torpedoes,  skyrockets,  Roman candles and bombs.  Current law penalizes
as a violation the possession or use of  fireworks  or  dangerous  fire-
works,  and  penalizes as a class B misdemeanor the sale of fireworks or
dangerous fireworks. Any person who sells fireworks or  dangerous  fire-
works  valued  at  $500  or  more, or who sells dangerous fireworks to a
minor, is guilty of a class A  misdemeanor.  Finally,  any  person  who,
within  the past five years has previously been convicted of the sale of
dangerous fireworks, is guilty of a class E felony.

JUSTIFICATION: The current law has not been  used  effectively  in  part
because  of poor definitions. Courts have thrown out indictments because
of poor definitions of the term fireworks. This bill  strengthens  those
definitions.  In  addition  very  few  arrests and convictions have been
obtained under the current statute. Since 1996, 63 convictions have been
obtained  statewide.  In  1999  and  2000  only  five  convictions  were
obtained.  By  modernizing  the  statute and clearly defining fireworks,
dangerous fireworks and novelty  devices,  the  bill  will  provide  law
enforcement  with an important tool in reducing the use of illegal fire-
works and homemade devices and encouraging the use of safe  and  legally
regulated novelty devices.  The amendments provide for technical changes
to  the definitions of "explosive composition" and "pyrotechnic composi-
tion." They also update the current definition of sparkler's  as  either
wood  stick  or  wire,  and  define  handheld  or ground based sparkling
devices (also known as cone or  cylindrical  fountain  sparklers)  as  a
separate category of fireworks. The Consumer Products Safety Commission,
hereinafter, CPSC, has outlawed sparkler's containing magnesium, so that
definition  is  deleted and a definition of these devices based upon the
weight of the pyrotechnic composition as used by both the CPSC  and  the
United States Department of Transportation is substituted.  Explosive or
aerial  sparkling  devices  are added to the list of dangerous fireworks
and the provision making sparklers more than ten  inches  in  length  or
one-fourth  of  an inch in diameter is deleted, as these sparklers would
now be judged by weight of pyrotechnic composition, not length or  size.
Sparklers  would still be defined as fireworks and still be banned with-
out an appropriate permit, assuming the weight requirement was  met.  To
meet  the  concerns  of  the City of New York, the definition of novelty
devices is subdivided into four  separate  categories  and  all  novelty
devices  would  still  be deemed fireworks and prohibited by this legis-
lation in cities with a population in excess of one  million.  In  other

areas  of the state, possession and sale of these items would be permit-
ted. A second category would include handheld and ground based sparkling
devices which are non-explosive and non-aerial and which  contain  small
amount s of pyrotechnic composition. These devices, also called fountain
sparklers,  although permitted to be manufactured, possessed and sold by
the CPSC, are items subject to special shipping,  storage  and  handling
requirements  by  the  federal  government  and admittedly are currently
prohibited by state statute. This amended bill would permit these  items
to be possessed and sold in New York State. However, as to cities with a
population  of  one  million  or  more, these items would continue to be
deemed "fireworks" and prohibited in such city by  th  e  provisions  of
this  amendment. A third category would include toy pistols and toy caps
which currently are not considered fireworks under the  Penal  Law.  The
last  category  of novelty devices includes trick noisemakers, including
party Poppers, snappers and drop pops containing very small  amounts  of
explosive  composition. It is believed these item s, very similar to toy
cap guns, are not covered by the current statute and their legal  status
statewide  needs  to be clarified. The amendment also prohibits the sale
of snakes, glow worms, smoke devices and small wood stick or wire spark-
lers to minors under the age of sixteen and prohibits the sale of  foun-
tain  sparklers  to  minor's under the age of eighteen. Pursuant t o the
amendments, repeat sales to a minor of these items subjects the offender
to felony prosecution. Since the article now  prohibits  the  possession
and sale of certain novelty devices in the City of New York and the sale
of  certain novelty devices to a minor, the exemption of novelty devices
from application of the proposed article contained in section 271.30  of
the bill is removed.

LEGISLATIVE  HISTORY:  New  Bill  Similar to A.4725/ S.3162 of 2009-2010
A.7603D/S.50370 of 2007-2008 A.8971B/S.4424C of 2005-2006 A.11541/S.7443
of 2003-2004

FISCAL IMPLICATIONS: Minimal. possible additional sales tax revenue  due
to  increased  sales  of  additional  novelty devices not clearly lawful
prior to the enactment of this legislation.

LOCAL FISCAL IMPLICATIONS: Possible additional sales tax revenues.  Some
law enforcement efficiency due to more clear definition of terms.

EFFECTIVE DATE:; November first next succeeding the date it shall become
a law.

2009-A9006A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 5932--A                                            A. 9006--A

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 18, 2009
                               ___________

IN  SENATE  --  Introduced  by Sen. STACHOWSKI -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

IN  ASSEMBLY -- Introduced by M. of A. MORELLE -- read once and referred
  to the Committee on  Codes  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  penal  law, in relation to offenses relating to
  possession or sale of fireworks and ammunition

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  270.00  of the penal law, as
amended by chapter 180 of the laws  of  1997,  is  amended  to  read  as
follows:
  1.    Definition of "fireworks," "ARTICLES PYROTECHNIC" and "dangerous
fireworks".
  (A) The term "fireworks," as used in this  section,  [is  defined  and
declared  to  be  and  to  include  any blank cartridge, blank cartridge
pistol, or toy cannon in which explosives are used, firecrackers, spark-
lers or other combustible or explosive  of  like  construction,  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 detona-
tion, or other  device  containing  any  explosive  substance  and  the]
INCLUDES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14370-04-9

S. 5932--A                          2                         A. 9006--A

  (I)  DISPLAY  FIREWORKS,  WHICH  MEANS FIREWORKS DEVICES IN A FINISHED
STATE, EXCLUSIVE OF MERE ORNAMENTATION, PRIMARILY INTENDED  FOR  COMMER-
CIAL  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 130 MG (2 GRAINS) OF EXPLOSIVE
COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
TION EXCLUSIVE OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY  ITEMS  THAT
EXCEED  THE  LIMITS  CONTAINED  IN  THE AMERICAN PYROTECHNIC ASSOCIATION
(APA) STANDARD 87-1 FOR CONSUMER FIREWORKS;
  (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
SIONAL 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 NOT  LABELED  AS  SUCH  AND
CLASSIFIED  BY  THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49 CFR
172.101 AS UN0431; AND
  (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  AUDI-
BLE,  VISUAL,  MECHANICAL,  OR  THERMAL  EFFECT AS AN INTEGRAL PART OF A
MOTION PICTURE, RADIO, TELEVISION, THEATRICAL, OR OPERA  PRODUCTION,  OR
LIVE ENTERTAINMENT.
  (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  combusti-
ble  or  explosive substance and which rise in the air during discharge,
Roman candles, AND bombs[, 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 [(1)]:
  (I) flares of the type used by railroads or any warning lights common-
ly known as red flares, or marine distress signals of a type approved by
the United States coast guard, or
  [(2)]  (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
  [(3)] (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  lachry-
mating  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 cred-
it  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) CONSUMER FIREWORKS WHICH  ARE  REMOVED  FROM  THE  DEFINITION  OF
EXPLOSIVES  AND  PYROTECHNICS IN THIS ARTICLE AND SECTION 405.00 OF THIS
CHAPTER AND THAT ARE DEFINED IN APA STANDARD 87-1, 3.1 AND 3.5, OR
  (V) NOVELTIES WHICH ARE REMOVED FROM THE DEFINITION OF EXPLOSIVES  AND
PYROTECHNICS IN THIS ARTICLE AND SECTION 405.00 OF THIS CHAPTER AND THAT
ARE DEFINED IN APA STANDARD 87-1, 3.2, OR

S. 5932--A                          3                         A. 9006--A

  (VI)  TOY CAPS WHICH ARE REMOVED FROM THE DEFINITION OF EXPLOSIVES AND
PYROTECHNICS IN THIS ARTICLE AND SECTION 405.00 AND THAT ARE DEFINED  IN
APA STANDARD 87-1, 3.3, OR
  (VII)  SIMILAR  DEVICES  WHICH  ARE  REMOVED  FROM  THE  DEFINITION OF
EXPLOSIVES AND PYROTECHNICS IN THIS ARTICLE AND SECTION 405.00  OF  THIS
CHAPTER  AND WHICH ARE NOT SPECIFICALLY DESCRIBED IN THIS PARAGRAPH, BUT
RECOGNIZED BY THE AMERICAN  PYROTECHNICS  ASSOCIATION  AS  BEING  ALMOST
IDENTICAL  IN  AN  INCENDIARY OR EXPLOSIVE NATURE SO AS TO SUBSTANTIALLY
REPLICATE ANYTHING DEFINED AS A CONSUMER FIREWORK, NOVELTY OR TOY CAP.
  S 2. The penal law is amended by adding a new article 271 to  read  as
follows:
                                ARTICLE 271
               OFFENSES RELATING TO POSSESSION OR SALE OF
                        FIREWORKS AND AMMUNITION
SECTION 271.00 DEFINITIONS AND PENALTIES.
        271.05 CRIMINAL  POSSESSION  OR  SALE  OF FIREWORKS OR DANGEROUS
                 FIREWORKS IN THE SECOND DEGREE.
        271.10 CRIMINAL POSSESSION OR SALE  OF  FIREWORKS  OR  DANGEROUS
                 FIREWORKS IN THE FIRST DEGREE.
        271.15 UNLAWFUL POSSESSION OF FIREWORKS.
        271.20 AGGRAVATED SALE OF FIREWORKS TO A MINOR.
        271.25 CRIMINAL POSSESSION OF FIREWORKS; PRESUMPTION.
        271.30 LIMITATION OF APPLICATION.
        271.35 SALE OF AMMUNITION NOT PROHIBITED.
        271.40 UNLAWFUL SALE OF AMMUNITION.
S 271.00 DEFINITIONS AND PENALTIES.
  1.  "PYROTECHNIC  COMPOSITIONS"  MEANS  A  MIXTURE  OF  CHEMICALS THAT
PRODUCE A VISIBLE OR AUDIBLE EFFECT  BY  COMBUSTION  RATHER  THAN  RAPID
DEFLAGRATION  OR  DETONATION AND WHICH CANNOT EXPLODE ON IGNITION UNLESS
SEVERELY CONFINED.
  2. "EXPLOSIVE COMPOSITION" MEANS A CHEMICAL OR  MIXTURE  OF  CHEMICALS
THAT  PRODUCES  AN  AUDIBLE  EFFECT  AND  SUBSTANTIAL EXPLOSIVE FORCE BY
DEFLAGRATION OR DETONATION WHEN IGNITED.
  3. "LOCAL GOVERNMENTAL SUBDIVISION" MEANS  A  COUNTY,  CITY,  TOWN  OR
VILLAGE.
S 271.05 CRIMINAL POSSESSION OR SALE OF FIREWORKS OR DANGEROUS FIREWORKS
           IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  CRIMINAL POSSESSION OR SALE OF FIREWORKS OR
 DANGEROUS FIREWORKS IN THE SECOND DEGREE WHEN:
   1. HE OR SHE SHALL OFFER OR EXPOSE FOR SALE,  SELL  OR  FURNISH,  ANY
 FIREWORKS  OR  DANGEROUS  FIREWORKS  EXCEPT  WHERE A PERMIT IS OBTAINED
 PURSUANT TO SECTION 405.00 OF THIS CHAPTER; OR
   2. HE OR SHE SHALL OFFER OR EXPOSE FOR  SALE,  SELL  OR  FURNISH  ANY
 CONSUMER  FIREWORKS,  NOVELTIES OR SIMILAR DEVICES TO ANY PERSON WHO IS
 UNDER THE AGE OF EIGHTEEN.
   CRIMINAL POSSESSION OR SALE OF FIREWORKS OR  DANGEROUS  FIREWORKS  IN
 THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
 S  271.10  CRIMINAL  POSSESSION OR SALE OF FIREWORKS OR DANGEROUS FIRE-
 WORKS IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OR  SALE  OF  FIREWORKS  OR
 DANGEROUS FIREWORKS IN THE FIRST DEGREE WHEN:
   1.  HE  OR  SHE  SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH, ANY
 FIREWORKS OR DANGEROUS FIREWORKS VALUED AT FIVE HUNDRED DOLLARS OR MORE
 EXCEPT WHERE A PERMIT IS OBTAINED PURSUANT TO SECTION  405.00  OF  THIS
 CHAPTER; OR

S. 5932--A                          4                         A. 9006--A

   2.  HE  OR  SHE  SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH, ANY
 CONSUMER FIREWORKS, NOVELTIES OR SIMILAR DEVICES TO ANY PERSON  WHO  IS
 UNDER THE AGE OF EIGHTEEN.
   CRIMINAL  POSSESSION  OR  SALE OF FIREWORKS OR DANGEROUS FIREWORKS IN
 THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
 S 271.15 UNLAWFUL POSSESSION OF FIREWORKS.
   A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF FIREWORKS  WHEN,  EXCEPT
 AS  OTHERWISE  STATED  IN  THIS  ARTICLE,  OR  EXCEPT WHERE A PERMIT IS
 OBTAINED PURSUANT TO SECTION 405.00 OF THIS CHAPTER  HE  OR  SHE  SHALL
 POSSESS,  USE,  EXPLODE  OR CAUSE TO EXPLODE ANY FIREWORKS OR DANGEROUS
 FIREWORKS.
   UNLAWFUL POSSESSION OF FIREWORKS IS A VIOLATION.
 S 271.20 AGGRAVATED SALE OF FIREWORKS TO A MINOR.
   A PERSON IS GUILTY OF AGGRAVATED SALE OF FIREWORKS TO A MINOR WHEN HE
 OR SHE COMMITS THE CRIME OF CRIMINAL POSSESSION OR SALE OF FIREWORKS IN
 THE FIRST DEGREE AS DEFINED IN SECTION 271.10 OF THIS  ARTICLE  OR  THE
 CRIME  OF CRIMINAL POSSESSION OR SALE OF FIREWORKS IN THE SECOND DEGREE
 AS DEFINED IN SECTION 271.05 OF THIS ARTICLE AND HAS  WITHIN  THE  PAST
 FIVE  YEARS BEEN PREVIOUSLY CONVICTED OF CRIMINAL POSSESSION OR SALE OF
 FIREWORKS IN THE FIRST DEGREE OR CRIMINAL POSSESSION OR SALE  OF  FIRE-
 WORKS IN THE SECOND DEGREE.
   AGGRAVATED SALE OF FIREWORKS TO A MINOR IS A CLASS E FELONY.
 S 271.25 CRIMINAL POSSESSION OF FIREWORKS; PRESUMPTION.
   EXCEPT  WHERE A PERMIT IS OBTAINED PURSUANT TO SECTION 405.00 OF THIS
 CHAPTER, POSSESSION OF FIREWORKS OR DISPLAY  FIREWORKS  VALUED  AT  ONE
 HUNDRED  FIFTY  DOLLARS  OR MORE SHALL BE A PRESUMPTION THAT SUCH FIRE-
 WORKS WERE INTENDED TO BE OFFERED OR EXPOSED FOR SALE.
 S 271.30 LIMITATION OF APPLICATION.
   1. THIS ARTICLE SHALL NOT APPLY TO:
   (A) FIREWORKS, DANGEROUS FIREWORKS, CONSUMER FIREWORKS AND  NOVELTIES
 WHILE  IN POSSESSION OF RAILROADS, COMMON OR CONTRACT CARRIERS, RETAIL-
 ERS, 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 INTER-
 STATE 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 TRANSPORTATION COMPANIES AS WAREHOUSEMEN FOR
 DELIVERY TO POINTS WITHIN THE STATE;
   (B)  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;
   (C) HIGH EXPLOSIVES FOR BLASTING OR SIMILAR PURPOSES;
   (D) FIREWORKS, FOR THE USE THEREOF BY THE UNITED STATES MILITARY, AND
 DEPARTMENTS OF THE STATE AND FEDERAL GOVERNMENT; OR
   (E)  THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, CONSUMER FIRE-
 WORKS, ARTICLES PYROTECHNIC, NOVELTIES, SIMILAR  DEVICES,  PYROTECHNICS
 AND  SPECIAL  EFFECTS  MATERIALS  IN  CONNECTION WITH THE PRODUCTION OF
 MOTION PICTURES,  TELEVISION  PROGRAMS,  COMMERCIALS,  AND  ALL  ENTER-
 TAINMENT  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.
   (F)  THE  USE,  TRANSPORTATION  AND  STORAGE  OF  EXPLOSIVES  IN  THE
 PRODUCTION OF MOTION PICTURES,  TELEVISION  PROGRAMS,  COMMERCIALS  AND
 SIMILAR ENTERTAINMENT MEDIA PRODUCTION PROVIDED THE USE, TRANSPORTATION
 AND STORAGE OF EXPLOSIVES ARE UNDER THE CONTROL OF ONE OR MORE INDIVID-

S. 5932--A                          5                         A. 9006--A

 UALS  AUTHORIZED  BY  FEDERAL LAW OR REGULATION TO HANDLE SUCH MATERIAL
 AND THAT SUCH EXPLOSIVE MATERIAL IS USED, TRANSPORTED  AND  STORED  AND
 OTHERWISE HANDLED IN ACCORDANCE WITH FEDERAL LAW OR REGULATION.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT:
   (A)  ANY  MANUFACTURER,  WHOLESALER,  RETAILER, DEALER OR JOBBER FROM
 MANUFACTURING, POSSESSING OR SELLING AT WHOLESALE SUCH  CONSUMER  FIRE-
 WORKS,  NOVELTIES,  OR  TOY  CAPS OR SIMILAR DEVICES 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;
  (B) THE SALE OR USE OF BLANK CARTRIDGES FOR A  MOTION  PICTURE,  TELE-
VISION  PROGRAM,  COMMERCIAL  AND ALL ENTERTAINMENT MEDIA, OR FOR SIGNAL
PURPOSES IN ATHLETIC SPORTS, OR FOR DOG TRIALS OR DOG TRAINING;
  (C) THE USE, STORAGE, TRANSPORTATION OR SALE OR TRANSFER  FOR  USE  OF
FIREWORKS  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; OR
  (D) THE MANUFACTURE OR SALE OF CONSUMER FIREWORKS, NOVELTIES, TOY CAPS
AND  SIMILAR DEVICES PROVIDED THEY ARE TO BE SHIPPED DIRECTLY OUT OF THE
STATE AND ANY SUCH ITEMS ARE SOLD IN ACCORDANCE WITH THE  PROVISIONS  OF
THIS ARTICLE.
  EXCEPT AS SPECIFICALLY PROHIBITED BY ANY OTHER PROVISION OF THIS ARTI-
CLE, THE SALE, DISTRIBUTION, USE, STORAGE, TRANSPORTATION AND POSSESSION
OF  CONSUMER FIREWORKS, NOVELTIES, TOY CAPS AND SIMILAR DEVICES THROUGH-
OUT THE STATE.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE,  THE  MANUFAC-
TURE,  SALE, OR USE OF CONSUMER FIREWORKS IS PROHIBITED IN CITIES WITH A
POPULATION OF ONE MILLION OR MORE.
S 271.35 SALE OF AMMUNITION NOT PROHIBITED.
  NOTHING CONTAINED IN THIS ARTICLE 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, SHOTGUNS, OR OTHER  ARMS,  BELONGING
OR  WHICH MAY BELONG TO ANY PERSONS WHETHER AS SPORTING OR HUNTING WEAP-
ONS OR FOR THE PURPOSE OF PROTECTION TO THEM IN THEIR HOMES, OR, AS THEY
MAY GO ABROAD; AND MANUFACTURERS ARE AUTHORIZED TO CONTINUE TO  MANUFAC-
TURE,  AND  WHOLESALERS AND DEALERS TO CONTINUE TO DEAL IN AND FREELY TO
SELL AMMUNITION TO ALL SUCH PERSONS FOR SUCH PURPOSES.
S 271.40 UNLAWFUL SALE OF AMMUNITION.
  NOTWITHSTANDING THE PROVISIONS OF SECTION 271.35 OF THIS  ARTICLE,  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.
  UNLAWFUL SALE OF AMMUNITION IS A CLASS B MISDEMEANOR.
  S  3.  Subdivision  4  of section 270.05 of the penal law, as added by
chapter 286 of the laws of 1978, is amended to read as follows:
  4.  Bank  security  devices  not  prohibited.    Notwithstanding   the
provisions  of subdivision one of this section, it shall not be unlawful
for any bank, national banking association, trust company, savings bank,
savings and loan association, industrial bank, or credit union to store,
possess, transport, use or cause to discharge any bank  security  device
as  described  in  [subdivision one of] section 270.00 of this [chapter]
ARTICLE; nor shall it be  unlawful  for  any  manufacturer,  wholesaler,
dealer,  jobber or common carrier to manufacture, store, possess, trans-
port, or sell such a device to  banks,  national  banking  associations,

S. 5932--A                          6                         A. 9006--A

trust  companies,  savings  banks, savings and loan associations, indus-
trial banks or credit unions.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

co-Sponsors

2009-A9006B (ACTIVE) - Details

See Senate Version of this Bill:: S5932
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§270.00 & 270.05, add Art 271 §§271.00 - 271.45, Pen L; amd §156, add §156-h, Exec L
Versions Introduced in 2011-2012 Legislative Session:: A4362, S4529

2009-A9006B (ACTIVE) - Summary

Relates to offenses relating to possession or sale of fireworks and ammunition and registration requirements for the manufacturing, distributing and sale of sparklers.

2009-A9006B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 5932--B                                            A. 9006--B

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 18, 2009
                               ___________

IN  SENATE  --  Introduced  by Sen. STACHOWSKI -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on Codes
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

IN ASSEMBLY -- Introduced by M. of A.  MORELLE,  LUPARDO,  ZEBROWSKI  --
  read  once  and  referred  to  the  Committee  on  Codes  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Codes in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  penal law and the executive law, in relation to
  offenses relating  to  possession  or  sale  of  fireworks,  sparkling
  devices and ammunition

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  270.00  of  the  penal  law,  as
amended  by  chapter  180  of  the  laws  of 1997, is amended to read as
follows:
  1.  Definition of "fireworks," "ARTICLES PYROTECHNIC"  and  "dangerous
fireworks".
  (A)  The  term  "fireworks,"  as used in this section, [is defined and
declared to be and to  include  any  blank  cartridge,  blank  cartridge
pistol, or toy cannon in which explosives are used, firecrackers, spark-
lers  or  other  combustible  or  explosive of like construction, or any
preparation containing any explosive  or  inflammable  compound  or  any
tablets  or  other device commonly used and sold as fireworks containing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14370-06-0

S. 5932--B                          2                         A. 9006--B

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  detona-
tion,  or  other  device  containing  any  explosive  substance and the]
INCLUDES:
  (I) DISPLAY FIREWORKS, WHICH MEANS FIREWORKS  DEVICES  IN  A  FINISHED
STATE,  EXCLUSIVE  OF MERE ORNAMENTATION, PRIMARILY INTENDED FOR COMMER-
CIAL 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 130 MG (2 GRAINS) OF  EXPLOSIVE
COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
TION  EXCLUSIVE  OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT
EXCEED THE LIMITS CONTAINED  IN  THE  AMERICAN  PYROTECHNIC  ASSOCIATION
(APA) STANDARD 87-1, 2001 EDITION;
  (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
SIONAL  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 NOT LABELED AS SUCH AND
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 AUDI-
BLE, VISUAL, MECHANICAL, OR THERMAL EFFECT AS  AN  INTEGRAL  PART  OF  A
MOTION  PICTURE,  RADIO, TELEVISION, THEATRICAL, OR OPERA PRODUCTION, OR
LIVE ENTERTAINMENT; AND
  (IV) CONSUMER FIREWORKS WHICH ARE AERIAL IN PERFORMANCE AS DEFINED  IN
APA  STANDARD  87-1,  2001  EDITION, 3.1.2 (3.1.2.1 THROUGH 3.1.2.6) AND
AUDIBLE GROUND DEVICES AS DEFINED IN APA STANDARD  87-1,  2001  EDITION,
3.1.3 (3.1.3.1 THROUGH 3.1.3.2).
  (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  combusti-
ble  or  explosive substance and which rise in the air during discharge,
Roman candles, AND bombs[, 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  [(1)]  THE  FOLLOWING  THROUGHOUT  THIS  STATE,  NOR  SHALL THE
PURCHASE AND USE OF ANY ITEMS LISTED BELOW BE  SUBJECT  TO  PART  61  TO
TITLE 12 NYCRR, GENERAL BUSINESS LAW SECTION FOUR HUNDRED EIGHTY THROUGH
FOUR HUNDRED EIGHTY-THREE:
  (I) flares of the type used by railroads or any warning lights common-
ly known as red flares, or marine distress signals of a type approved by
the United States coast guard, or
  [(2)]  (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

S. 5932--B                          3                         A. 9006--B

  [(3)] (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  lachry-
mating  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 cred-
it 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)  SPARKING  DEVICES  WHICH  ARE  GROUND-BASED OR HAND-HELD AND ARE
REMOVED FROM THE DEFINITION OF EXPLOSIVES  AND  PYROTECHNICS  THROUGHOUT
THE  STATE  IN  THIS ARTICLE AND SECTION 405.00 OF THIS CHAPTER AND THAT
ARE DEFINED IN APA STANDARD 87-1, 2001 EDITION, 3.1.1  (3.1.1.1  THROUGH
3.1.1.8) AND ALSO AS ALLOWED UNDER 3.5, OR
  (V)  NOVELTIES WHICH ARE REMOVED FROM THE DEFINITION OF EXPLOSIVES AND
PYROTECHNICS THROUGHOUT THE STATE IN THIS ARTICLE AND SECTION 405.00  OF
THIS  CHAPTER  AND  THAT ARE DEFINED IN APA STANDARD 87-1, 2001 EDITION,
3.2 (3.2.1 THROUGH 3.2.5), OR
  (VI) TOY CAPS WHICH ARE REMOVED FROM THE DEFINITION OF EXPLOSIVES  AND
PYROTECHNICS THROUGHOUT THE STATE IN THIS ARTICLE AND SECTION 405.00 AND
THAT ARE DEFINED IN APA STANDARD 87-1, 2001 EDITION, 3.3, OR
  (VII)  SIMILAR  DEVICES  WHICH  ARE  REMOVED  FROM  THE  DEFINITION OF
EXPLOSIVES AND PYROTECHNICS THROUGHOUT THE STATE  IN  THIS  ARTICLE  AND
SECTION  405.00 OF THIS CHAPTER AND WHICH ARE NOT SPECIFICALLY DESCRIBED
IN THIS PARAGRAPH, BUT RECOGNIZED BY THE AMERICAN  PYROTECHNICS  ASSOCI-
ATION  AS BEING ALMOST IDENTICAL IN AN INCENDIARY OR EXPLOSIVE NATURE SO
AS TO SUBSTANTIALLY REPLICATE ANYTHING DEFINED AS  A  SPARKLING  DEVICE,
NOVELTY OR TOY CAP.
  S  2.  The penal law is amended by adding a new article 271 to read as
follows:
                                ARTICLE 271
               OFFENSES RELATING TO POSSESSION OR SALE OF
                        FIREWORKS AND AMMUNITION
SECTION 271.00 DEFINITIONS AND PENALTIES.
        271.05 CRIMINAL POSSESSION OR SALE  OF  FIREWORKS  OR  DANGEROUS
                 FIREWORKS IN THE SECOND DEGREE.
        271.10 CRIMINAL  POSSESSION  OR  SALE  OF FIREWORKS OR DANGEROUS
                 FIREWORKS IN THE FIRST DEGREE.
        271.15 UNLAWFUL POSSESSION OF FIREWORKS.
        271.20 AGGRAVATED SALE OF FIREWORKS TO A MINOR.
        271.25 CRIMINAL POSSESSION OF FIREWORKS; PRESUMPTION.
        271.30 LIMITATION OF APPLICATION.
        271.35 SALE OF SPARKLING DEVICES REGULATED.
        271.40 SALE OF AMMUNITION NOT PROHIBITED.
        271.45 UNLAWFUL SALE OF AMMUNITION.
S 271.00 DEFINITIONS AND PENALTIES.
  1. "PYROTECHNIC  COMPOSITIONS"  MEANS  A  MIXTURE  OF  CHEMICALS  THAT
PRODUCE  A  VISIBLE  OR  AUDIBLE  EFFECT BY COMBUSTION RATHER THAN RAPID
DEFLAGRATION OR DETONATION AND WHICH CANNOT EXPLODE ON  IGNITION  UNLESS
SEVERELY CONFINED.
  2.  "EXPLOSIVE  COMPOSITION"  MEANS A CHEMICAL OR MIXTURE OF CHEMICALS
THAT PRODUCES AN AUDIBLE  EFFECT  AND  SUBSTANTIAL  EXPLOSIVE  FORCE  BY
DEFLAGRATION OR DETONATION WHEN IGNITED.
  3.  "LOCAL  GOVERNMENTAL  SUBDIVISION"  MEANS  A COUNTY, CITY, TOWN OR
VILLAGE.

S. 5932--B                          4                         A. 9006--B

S 271.05 CRIMINAL POSSESSION OR SALE OF FIREWORKS OR DANGEROUS FIREWORKS
           IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  CRIMINAL POSSESSION OR SALE OF FIREWORKS OR
 DANGEROUS FIREWORKS IN THE SECOND DEGREE WHEN:
   1. HE OR SHE SHALL OFFER OR EXPOSE FOR SALE,  SELL  OR  FURNISH,  ANY
 FIREWORKS  OR  DANGEROUS  FIREWORKS  EXCEPT  WHERE A PERMIT IS OBTAINED
 PURSUANT TO SECTION 405.00 OF THIS CHAPTER; OR
   2. HE OR SHE SHALL OFFER OR EXPOSE FOR  SALE,  SELL  OR  FURNISH  ANY
 SPARKLING  DEVICES,  NOVELTIES  OR SIMILAR DEVICES TO ANY PERSON WHO IS
 UNDER THE AGE OF EIGHTEEN.
   CRIMINAL POSSESSION OR SALE OF FIREWORKS OR  DANGEROUS  FIREWORKS  IN
 THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
 S  271.10  CRIMINAL  POSSESSION OR SALE OF FIREWORKS OR DANGEROUS FIRE-
 WORKS IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OR  SALE  OF  FIREWORKS  OR
 DANGEROUS FIREWORKS IN THE FIRST DEGREE WHEN:
   1.  HE  OR  SHE  SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH, ANY
 FIREWORKS OR DANGEROUS FIREWORKS VALUED AT FIVE HUNDRED DOLLARS OR MORE
 EXCEPT WHERE A PERMIT IS OBTAINED PURSUANT TO SECTION  405.00  OF  THIS
 CHAPTER; OR
   2.  HE  OR  SHE  SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH, ANY
 CONSUMER SPARKLING DEVICES, NOVELTIES OR SIMILAR DEVICES TO ANY  PERSON
 WHO IS UNDER THE AGE OF EIGHTEEN.
   CRIMINAL  POSSESSION  OR  SALE OF FIREWORKS OR DANGEROUS FIREWORKS IN
 THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
 S 271.15 UNLAWFUL POSSESSION OF FIREWORKS.
   A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF FIREWORKS  WHEN,  EXCEPT
 AS  OTHERWISE  STATED  IN  THIS  ARTICLE,  OR  EXCEPT WHERE A PERMIT IS
 OBTAINED PURSUANT TO SECTION 405.00 OF THIS CHAPTER  HE  OR  SHE  SHALL
 POSSESS,  USE,  EXPLODE  OR CAUSE TO EXPLODE ANY FIREWORKS OR DANGEROUS
 FIREWORKS.
   UNLAWFUL POSSESSION OF FIREWORKS IS A VIOLATION.
 S 271.20 AGGRAVATED SALE OF FIREWORKS TO A MINOR.
   A PERSON IS GUILTY OF AGGRAVATED SALE OF FIREWORKS TO A MINOR WHEN HE
 OR SHE COMMITS THE CRIME OF CRIMINAL POSSESSION OR SALE OF FIREWORKS OR
 DANGEROUS FIREWORKS IN THE FIRST DEGREE AS DEFINED IN SECTION 271.10 OF
 THIS ARTICLE OR THE CRIME OF CRIMINAL POSSESSION OR SALE  OF  FIREWORKS
 OR  DANGEROUS  FIREWORKS  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION
 271.05 OF THIS ARTICLE AND HAS WITHIN THE PAST FIVE YEARS  BEEN  PREVI-
 OUSLY  CONVICTED  OF  CRIMINAL  POSSESSION  OR SALE OF FIREWORKS IN THE
 FIRST DEGREE OR CRIMINAL POSSESSION OR SALE OF FIREWORKS IN THE  SECOND
 DEGREE.
   AGGRAVATED SALE OF FIREWORKS TO A MINOR IS A CLASS E FELONY.
 S 271.25 CRIMINAL POSSESSION OF FIREWORKS; PRESUMPTION.
   EXCEPT  WHERE A PERMIT IS OBTAINED PURSUANT TO SECTION 405.00 OF THIS
 CHAPTER, POSSESSION OF FIREWORKS OR DISPLAY  FIREWORKS  VALUED  AT  ONE
 HUNDRED  FIFTY  DOLLARS  OR MORE SHALL BE A PRESUMPTION THAT SUCH FIRE-
 WORKS WERE INTENDED TO BE OFFERED OR EXPOSED FOR SALE.
 S 271.30 LIMITATION OF APPLICATION.
   1. THIS ARTICLE SHALL NOT APPLY TO:
   (A) FIREWORKS, DANGEROUS FIREWORKS, SPARKLING DEVICES  AND  NOVELTIES
 WHILE  IN POSSESSION OF RAILROADS, COMMON OR CONTRACT CARRIERS, RETAIL-
 ERS, 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 INTER-
 STATE COMMERCE COMMISSION REGULATIONS AS FORMULATED AND PUBLISHED  FROM

S. 5932--B                          5                         A. 9006--B

 TIME TO TIME, UNLESS THEY BE HELD VOLUNTARILY BY SUCH RAILROADS, COMMON
 OR CONTRACT CARRIERS, RETAILERS, WHOLESALERS, DISTRIBUTORS, JOBBERS AND
 TRANSPORTATION AGENCIES OR TRANSPORTATION COMPANIES AS WAREHOUSEMEN FOR
 DELIVERY TO POINTS WITHIN THE STATE;
   (B)  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;
   (C) HIGH EXPLOSIVES FOR BLASTING OR SIMILAR PURPOSES;
   (D) FIREWORKS, FOR THE USE THEREOF BY THE UNITED STATES MILITARY, AND
 DEPARTMENTS OF THE STATE AND FEDERAL GOVERNMENT; OR
   (E)  THE  USE,  TRANSPORTATION  AND  STORAGE  OF FIREWORKS, SPARKLING
 DEVICES, ARTICLES PYROTECHNIC, NOVELTIES, SIMILAR DEVICES, PYROTECHNICS
 AND SPECIAL EFFECTS MATERIALS IN  CONNECTION  WITH  THE  PRODUCTION  OF
 MOTION  PICTURES,  TELEVISION  PROGRAMS,  COMMERCIALS,  AND  ALL ENTER-
 TAINMENT 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.
   (F)  THE  USE,  TRANSPORTATION  AND  STORAGE  OF  EXPLOSIVES  IN  THE
 PRODUCTION  OF  MOTION  PICTURES,  TELEVISION PROGRAMS, COMMERCIALS AND
 SIMILAR ENTERTAINMENT MEDIA PRODUCTION PROVIDED THE USE, TRANSPORTATION
 AND STORAGE OF EXPLOSIVES ARE UNDER THE CONTROL OF ONE OR MORE INDIVID-
 UALS AUTHORIZED BY FEDERAL LAW OR REGULATION TO  HANDLE  SUCH  MATERIAL
 AND  THAT  SUCH  EXPLOSIVE MATERIAL IS USED, TRANSPORTED AND STORED AND
 OTHERWISE HANDLED IN ACCORDANCE WITH FEDERAL LAW OR REGULATION.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT:
   (A) ANY MANUFACTURER, WHOLESALER, RETAILER,  DEALER  OR  JOBBER  FROM
 MANUFACTURING,  POSSESSING  OR  SELLING  AT  WHOLESALE  SUCH  SPARKLING
 DEVICES, NOVELTIES, OR TOY CAPS OR SIMILAR DEVICES  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;
  (B)  THE  SALE  OR USE OF BLANK CARTRIDGES FOR A MOTION PICTURE, TELE-
VISION PROGRAM, COMMERCIAL AND ALL ENTERTAINMENT MEDIA,  OR  FOR  SIGNAL
PURPOSES IN ATHLETIC SPORTS, OR FOR DOG TRIALS OR DOG TRAINING;
  (C)  THE  USE,  STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE OF
FIREWORKS 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; OR
  (D) THE MANUFACTURE OR SALE OF SPARKING DEVICES, NOVELTIES,  TOY  CAPS
AND  SIMILAR DEVICES PROVIDED THEY ARE TO BE SHIPPED DIRECTLY OUT OF THE
STATE AND ANY SUCH ITEMS ARE SOLD IN ACCORDANCE WITH THE  PROVISIONS  OF
THIS ARTICLE.
  EXCEPT AS SPECIFICALLY PROHIBITED BY ANY OTHER PROVISION OF THIS ARTI-
CLE, THE SALE, DISTRIBUTION, USE, STORAGE, TRANSPORTATION AND POSSESSION
OF SPARKLING DEVICES, NOVELTIES, TOY CAPS AND SIMILAR DEVICES THROUGHOUT
THE STATE.
  3.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS ARTICLE, THE MANUFAC-
TURE, SALE, OR USE OF SPARKLING DEVICES IS PROHIBITED IN CITIES  WITH  A
POPULATION OF ONE MILLION OR MORE.
S 271.35 SALE OF SPARKLING DEVICES REGULATED.
  SPARKLING  DEVICES,  NOVELTIES,  TOY CAPS OR SIMILAR DEVICES WHICH ARE
AUTHORIZED FOR SALE UNDER PARAGRAPH (C) OF SUBDIVISION  ONE  OF  SECTION
270.00 OF THIS CHAPTER MAY NOT BE SOLD BY A RETAILER OR SEASONAL RETAIL-
ER  UNLESS THE PRODUCT WAS OBTAINED FROM A MANUFACTURER, DISTRIBUTOR, OR

S. 5932--B                          6                         A. 9006--B

WHOLESALER REGISTERED WITH THE OFFICE OF  FIRE  PREVENTION  AND  CONTROL
PURSUANT  TO  SECTION ONE HUNDRED FIFTY-SIX-H OF THE EXECUTIVE LAW. EACH
RETAILER AND SEASONAL RETAILER SHALL KEEP, AT EVERY LOCATION WHERE SPAR-
KLING  DEVICES  ARE  SOLD,  A  COPY  OF  AN INVOICE OR OTHER EVIDENCE OF
PURCHASE FROM THE MANUFACTURER, DISTRIBUTOR, OR WHOLESALER, WHICH STATES
THE REGISTRATION CERTIFICATE NUMBER  FOR  THE  PARTICULAR  MANUFACTURER,
DISTRIBUTOR,  OR  WHOLESALER  AND  THE  SPECIFIC  ITEMS  COVERED  BY THE
INVOICE. EACH SEASONAL RETAILER SHALL, IN ADDITION, EXHIBIT  A  COPY  OF
HIS OR HER REGISTRATION CERTIFICATE AT EACH SEASONAL RETAIL LOCATION.
S 271.40 SALE OF AMMUNITION NOT PROHIBITED.
  NOTHING  CONTAINED  IN  THIS ARTICLE 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, SHOTGUNS, OR OTHER ARMS, BELONGING
OR WHICH MAY BELONG TO ANY PERSONS WHETHER AS SPORTING OR HUNTING  WEAP-
ONS OR FOR THE PURPOSE OF PROTECTION TO THEM IN THEIR HOMES, OR, AS THEY
MAY  GO ABROAD; AND MANUFACTURERS ARE AUTHORIZED TO CONTINUE TO MANUFAC-
TURE, AND WHOLESALERS AND DEALERS TO CONTINUE TO DEAL IN AND  FREELY  TO
SELL AMMUNITION TO ALL SUCH PERSONS FOR SUCH PURPOSES.
S 271.45 UNLAWFUL SALE OF AMMUNITION.
  NOTWITHSTANDING  THE  PROVISIONS OF SECTION 271.40 OF THIS ARTICLE, 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.
  UNLAWFUL SALE OF AMMUNITION IS A CLASS B MISDEMEANOR.
  S 3. Subdivision 4 of section 270.05 of the penal  law,  as  added  by
chapter 286 of the laws of 1978, is amended to read as follows:
  4.   Bank  security  devices  not  prohibited.    Notwithstanding  the
provisions of subdivision one of this section, it shall not be  unlawful
for any bank, national banking association, trust company, savings bank,
savings and loan association, industrial bank, or credit union to store,
possess,  transport,  use or cause to discharge any bank security device
as described in [subdivision one of] section 270.00  of  this  [chapter]
ARTICLE;  nor  shall  it  be  unlawful for any manufacturer, wholesaler,
dealer, jobber or common carrier to manufacture, store, possess,  trans-
port,  or  sell  such  a device to banks, national banking associations,
trust companies, savings banks, savings and  loan  associations,  indus-
trial banks or credit unions.
  S 4. Subdivision 19 of section 156 of the executive law, as renumbered
by  chapter  615 of the laws of 2006, is renumbered subdivision 20 and a
new subdivision 19 is added to read as follows:
  19. LICENSE THE MANUFACTURERS,  DISTRIBUTORS,  WHOLESALERS,  RETAILERS
AND SEASONAL RETAILERS OF SPARKLING DEVICES WHO WISH TO DO BUSINESS WITH
THE STATE.
  S  5.  The  executive  law is amended by adding a new section 156-h to
read as follows:
  S 156-H. REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND
RETAILERS OF SPARKLERS. 1. REGISTRATION REQUIREMENTS.  ANY MANUFACTURER,
DISTRIBUTOR, WHOLESALER, RETAILER, OR  SEASONAL  RETAILER  OF  SPARKLING
DEVICES,  NOVELTIES, TOY CAPS OR SIMILAR DEVICES AS DEFINED IN PARAGRAPH
(C) OF SUBDIVISION ONE OF SECTION 270.00 OF THE PENAL LAW WHO WISHES  TO
DO BUSINESS IN THIS STATE OR TO OTHERWISE SELL, SHIP, OR ASSIGN FOR SALE
ITS  PRODUCTS  IN  THIS  STATE MUST REGISTER ANNUALLY WITH THE OFFICE OF
FIRE PREVENTION AND CONTROL ON  FORMS  PRESCRIBED  BY  THE  OFFICE.  ANY
RETAILER  WHO  SELLS  SPARKLING  DEVICES, NOVELTIES, TOY CAPS OR SIMILAR
DEVICES AT MORE THAN ONE RETAIL LOCATION  MAY  SUBMIT  ONE  REGISTRATION
FORM  FOR  ALL  SUCH  LOCATIONS  BUT  MUST  PROVIDE  THE ADDRESS OF EACH

S. 5932--B                          7                         A. 9006--B

LOCATION WITH THE REGISTRATION FORM; HOWEVER, ANY  RETAILER  MAY  SUBMIT
MULTIPLE REGISTRATION FORMS.
  2. REGISTRATION FORM. THE REGISTRATION FORM FILED WITH THE OFFICE MUST
BE  NOTARIZED AND MUST INCLUDE THE FOLLOWING INFORMATION: BUSINESS NAME;
ADDRESS; TELEPHONE NUMBER; OFFICERS, IF THE BUSINESS IS  A  CORPORATION;
AND AN INDIVIDUAL DESIGNATED AS A CONTACT PERSON.
  3. FEES. (A) EACH MANUFACTURER, DISTRIBUTOR, OR WHOLESALER MUST PAY AN
ANNUAL  REGISTRATION FEE TO BE SET BY THE OFFICE NOT TO EXCEED ONE THOU-
SAND DOLLARS. EACH SEASONAL RETAILER MUST PAY AN ANNUAL REGISTRATION FEE
TO BE SET BY THE OFFICE NOT TO EXCEED TWO HUNDRED DOLLARS. EACH RETAILER
SHALL PAY AN ANNUAL REGISTRATION FEE TO BE SET  BY  THE  OFFICE  NOT  TO
EXCEED  FIFTEEN DOLLARS FOR EACH RETAIL LOCATION REGISTERED. EACH CERTI-
FICATE-HOLDER WISHING TO HAVE A DUPLICATE  CERTIFICATE  ISSUED  FOR  ONE
WHICH  IS  LOST  OR  TO  REFLECT  A CHANGE OF ADDRESS SHALL REQUEST SUCH
DUPLICATE IN WRITING AND SHALL PAY A FEE OF FIVE DOLLARS.
  (B) REVENUE FROM REGISTRATION FEE  PAYMENTS  SHALL  BE  USED  FOR  THE
PURPOSES OF IMPLEMENTING THE REGISTRATION AND TESTING PROVISIONS OF THIS
CHAPTER.
  4.   RULES.  THE  STATE  FIRE  ADMINISTRATOR  SHALL  PROMULGATE  RULES
PRESCRIBING REGISTRATION FORMS REQUIRED BY THIS SECTION.
  S 6. This act shall take effect immediately.

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