senate Bill S4529D

Vetoed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status Via A4362 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 tabled
vetoed memo.59
Sep 12, 2011 delivered to governor
Jun 22, 2011 returned to assembly
passed senate
3rd reading cal.1516
substituted for s4529d
Jun 22, 2011 substituted by a4362c
ordered to third reading cal.1516
committee discharged and committed to rules
Jun 17, 2011 print number 4529d
amend (t) and recommit to codes
Jun 06, 2011 print number 4529c
amend and recommit to codes
Jun 02, 2011 print number 4529b
amend and recommit to codes
May 10, 2011 print number 4529a
amend and recommit to codes
Apr 11, 2011 referred to codes

Votes

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Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S4529 - Bill Details

See Assembly Version of this Bill:
A4362C
Law Section:
Penal Law
Laws Affected:
Amd §§270.00 & 405.00, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9006B, S5932B

S4529 - Bill Texts

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

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BILL NUMBER:S4529

TITLE OF BILL:
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

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
"Fireworks" and "Dangerous Fireworks" sparkling devices, novelties,
toy caps, and similar devices as defined by APA Standard 87-1, 2001
edition.
In addition to being removed from the definition of "Fireworks" and
"Dangerous Fireworks" this section also removes sparkling devices,
novelties, toy caps, and similar devices as defined by APA Standard
87-1, 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." It also
provides what the term "fireworks" and "dangerous fireworks" shall
not be deemed to include, such as flares, sparkling devices and other
novelties.

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
fireworks or dangerous fireworks in the second degree. Includes sale,
sell, or furnish display fireworks without a required permit or sale,
sell, or furnish sparkling devices or novelties or similar devices to
any person who is under the age of eighteen. Provides a penalty of a
class B misdemeanor.

Section 271.10 defines the crime of criminal possession or sale of
fireworks 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 sparkling devices, 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
to occur whenever when a person shall possess, use, explode, or cause


to explode fireworks or dangerous fireworks. Provides a penalty of a
violation.

section 271.20 defines the crime of aggravated sale of fireworks or
dangerous 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 committing a crime defined in section 271.05 or
271.10 of this article. Provides a 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 and also Section 4 of the bill describes the
limitations of application of the above mentioned provisions.
Included in these limitations is a prohibition of the manufacture,
sale or use of sparkling devices in cities with a population of one
million or more.

Section 5 provides for the licensure for the manufacture,
distribution, wholesale and retail of sparkling devices in New York
State. And also, all retailers of such products must register
annually with the state.

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 fireworks, and penalizes as a class B
misdemeanor the sale of fireworks or dangerous fireworks. Any person
who sells fireworks or dangerous fireworks valued at $500 or more, or
who sells dangerous fireworks to a minor, is guilty of a class R
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 fireworks 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 composition." They also update the current definition of
sparkler's as either wood stick or wire, and define hand held 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
without 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 legislation in cities with a population in excess of one million.

In other areas of the state, possession and sale of these items would
be permitted. A second category would include hand held and ground
based.
sparkling devices which are non-explosive and non··aerial and which
contain small amounts 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 sparklers to minors under the
age of sixteen and prohibits the sale of fountain sparklers to
minor's under the age of eighteen. Pursuant to the amendments, repeat
sales to a minor of these items subjects the offender to felony
prosecution. Since the article how 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:
A.9006B of 2009-2010 - amend (t) and recommit to codes


FISCAL IMPLICATIONS:
To be determined. There will be considerable
revenue from state sales tax and vendor registration fees.

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

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4529

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05241-01-1

S. 4529                             2

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
  [(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) SPARKLING 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

S. 4529                             3

  (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  OF
THIS  CHAPTER  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 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 FIREWORKS
           IN THE FIRST DEGREE.

S. 4529                             4

  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  PREVIOUSLY
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 FIREWORKS
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 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 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 GOVERNMENTS; 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 ENTERTAINMENT
MEDIA  RECORDED  IN  ANY CURRENT OR TO BE DESIGNED FORMAT WHEN SUCH USE,

S. 4529                             5

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 OTHER-
WISE 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 SPARKLING 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
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

S. 4529                             6

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
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.

S. 4529                             7

  (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.

S4529A - Bill Details

See Assembly Version of this Bill:
A4362C
Law Section:
Penal Law
Laws Affected:
Amd §§270.00 & 405.00, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9006B, S5932B

S4529A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4529A

TITLE OF BILL:
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

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 "Fireworks" and "Dangerous
Fireworks" sparkling devices, novelties, toy caps, and similar devices
as defined by APA Standard 87-1, 2001 edition. In addition to being
removed from the definition of "Fireworks" and "Dangerous Fireworks"
this section also removes sparkling devices, novelties, toy caps, and
similar devices as defined by APA Standard 87-1, 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." It also provides
what the term "fireworks" and "dangerous fireworks" shall not be
deemed to include, such as flares, sparkling devices and other
novelties.

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
fireworks or dangerous fireworks in the second degree. Includes sale,
sell, or furnish display fireworks without a required permit or sale,
sell, or furnish sparkling devices or novelties or similar devices to
any person who is under the age of eighteen. Provides a penalty of a
class B misdemeanor.

Section 271.10 defines the crime of criminal possession or sale of
fireworks 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 sparkling devices, 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
to occur whenever when a person shall possess, use, explode, or cause
to explode fireworks or dangerous fireworks. Provides a penalty of a
violation.


Section 271.20 defines the crime of aggravated sale of fireworks or
dangerous 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 committing a crime defined in section 271.05 or
271.10 of this article. Provides a 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 and also Section 4 of the bill describes the
limitations of application of the above mentioned provisions.
Included in these limitations is a prohibition of the manufacture,
sale or use of sparkling devices in cities with a population of one
million or more.

Section 5 provides for the licensure for the manufacture,
distribution, wholesale and retail of sparkling devices in New York
State. And also, all retailers of such products must register annually
with the state.

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 fireworks,
and penalizes as a class B misdemeanor the sale of fireworks or
dangerous fireworks. Any person who sells fireworks or dangerous
fireworks valued at $500 or more, or who sells dangerous fireworks to
a minor, is guilty of a class R 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 fireworks 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 composition."
They also update the current definition of sparkler's as either wood
stick or wire, and define hand held 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 without 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
legislation in cities with a population in excess of one million.

In other areas of the state, possession and sale of these items would
be permitted. A second category would include hand held and ground
based. sparkling devices which are non-explosive and non··aerial and
which contain small amounts 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 sparklers to minors under the age
of sixteen and prohibits the sale of fountain sparklers to minor's
under the age of eighteen. Pursuant to the amendments, repeat sales to
a minor of these items subjects the offender to felony prosecution.
Since the article how 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:
A.9006B of 2009-2010 - amend (t) and recommit to codes

FISCAL IMPLICATIONS:
To be determined. There will be considerable revenue from state sales
tax and vendor registration fees.

LOCAL FISCAL IMPLICATIONS:


Possible additional sales tax revenues. There will become law
enforcement efficiency due to more clear definition of terms.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 4529--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be  committed  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 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
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.
                                                           LBD05241-04-1

S. 4529--A                          2

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
  [(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)  SPARKLING  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

S. 4529--A                          3

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 OF
THIS CHAPTER 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 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. 4529--A                          4

S 271.10 CRIMINAL POSSESSION OR SALE OF FIREWORKS OR DANGEROUS FIREWORKS
           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 PREVIOUSLY
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 FIREWORKS
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 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 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 GOVERNMENTS; 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 ENTERTAINMENT

S. 4529--A                          5

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 OTHER-
WISE 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 SPARKLING 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 IS ALLOWED.
  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
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-

S. 4529--A                          6

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
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

S. 4529--A                          7

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.

S4529B - Bill Details

See Assembly Version of this Bill:
A4362C
Law Section:
Penal Law
Laws Affected:
Amd §§270.00 & 405.00, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9006B, S5932B

S4529B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4529B

TITLE OF BILL:
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

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
"Fireworks" and "Dangerous Fireworks" sparkling devices, novelties,
toy caps, and similar devices as defined by APA Standard 87-1, 2001
edition.
In addition to being removed from the definition of "Fireworks" and
"Dangerous Fireworks" this section also removes sparkling devices,
novelties, toy caps, and similar devices as defined by APA Standard
87-1, 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." It also
provides what the term "fireworks" and "dangerous fireworks" shall
not be deemed to include, such as flares, sparkling devices and other
novelties.

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
fireworks or dangerous fireworks in the second degree. Includes sale,
sell, or furnish display fireworks without a required permit or sale,
sell, or furnish sparkling devices or novelties or similar devices to
any person who is under the age of eighteen. Provides a penalty of a
class B misdemeanor.

Section 271.10 defines the crime of criminal possession or sale of
fireworks 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 sparkling devices, 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
to occur whenever when a person shall possess, use, explode, or cause


to explode fireworks or dangerous fireworks. Provides a penalty of a
violation.

Section 271.20 defines the crime of aggravated sale of fireworks or
dangerous 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 committing a crime defined in section 271.05 or
271.10 of this article. Provides a 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 and also Section 4 of the bill describes the
limitations of application of the above mentioned provisions.
Included in these limitations is a prohibition of the manufacture,
sale or use of sparkling devices in cities with a population of one
million or more.

Section 5 provides for the licensure for the manufacture,
distribution, wholesale and retail of sparkling devices in New York
State. And also, all retailers of such products must register
annually with the state.

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 fireworks, and penalizes as a class B
misdemeanor the sale of fireworks or dangerous fireworks. Any person
who sells fireworks or dangerous fireworks valued at $500 or more, or
who sells dangerous fireworks to a minor, is guilty of a class R
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 fireworks 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 composition." They also update the current definition of
sparkler's as either wood stick or wire, and define hand held 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
without 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 legislation in cities with a population in excess of one million.

In other areas of the state, possession and sale of these items would
be permitted. A second category would include hand held and ground
based.
sparkling devices which are non-explosive and non··aerial and which
contain small amounts 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 sparklers to minors under the
age of sixteen and prohibits the sale of fountain sparklers to
minor's under the age of eighteen. Pursuant to the amendments, repeat
sales to a minor of these items subjects the offender to felony
prosecution. Since the article how 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:
A.9006B of 2009-2010 - amend (t) and recommit to codes


FISCAL IMPLICATIONS:
To be determined. There will be considerable
revenue from state sales tax and vendor registration fees.

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

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 4529--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

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

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.  Subdivisions  1,  2, and 3 of section 270.00 of the penal
law, as amended by chapter 180 of the laws of 1997, are  amended  and  a
new subdivision 6 is added 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05241-06-1

S. 4529--B                          2

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 OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN  PYRO-
TECHNIC 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 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  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 AND ARE
COMMONLY REFERRED TO AS SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE  ROCK-
ETS,  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.
  (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
  [(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

S. 4529--B                          3

  (IV) 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  CRACK-
LING-TYPE  EFFECT  IS  NOT  CONSIDERED TO BE A REPORT).  GROUND-BASED OR
HAND-HELD DEVICES THAT PRODUCE A CLOUD OF SMOKE AS THEIR SOLE  PYROTECH-
NIC  EFFECT ARE ALSO INCLUDED IN THIS CATEGORY. TYPES OF DEVICES IN THIS
CATEGORY INCLUDE:
  (A) CYLINDRICAL FOUNTAIN: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 75
G 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  FOUN-
TAIN).  WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYRO-
TECHNIC COMPOSITION MAY NOT EXCEED 200 G, 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  MAXI-
MUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE ALLOWED.
  (B)  CONE  FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING NOT MORE
THAN 50 G 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 200 G, AS IS OUTLINED
IN SUBPARAGRAPH (J) OF THIS PARAGRAPH.
  (C) ILLUMINATING TORCH: CYLINDRICAL TUBE CONTAINING NOT MORE THAN  100
G OF PYROTECHNIC COMPOSITION THAT PRODUCES A COLORED FLAME UPON IGNITION
AND  MAY  HAVE  A SPIKE, BASE, OR HAND HELD FOUNTAIN. WHEN MORE THAN ONE
TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY  NOT
EXCEED 200 G, AS IS OUTLINED IN SUBPARAGRAPH (J) OF THIS PARAGRAPH.
  (D)  WHEEL:  PYROTECHNIC  DEVICE  INTENDED TO BE ATTACHED TO A POST OR
TREE BY MEANS OF A NAIL OR STRING WHICH MAY HAVE ONE  OR  MORE  DRIVERS,
EACH OF WHICH MAY CONTAIN NOT MORE THAN 60 G OF PYROTECHNIC COMPOSITION.
NO  WHEEL  MAY CONTAIN MORE THAN 200 G OF TOTAL PYROTECHNIC COMPOSITION.
UPON IGNITION, THE WHEEL REVOLVES,  PRODUCING  A  SHOWER  OF  COLOR  AND
SPARKS AND, SOMETIMES, A WHISTLING EFFECT.
  (E)  GROUND  SPINNER:  SMALL  DEVICE  CONTAINING NOT MORE THAN 20 G OF
PYROTECHNIC COMPOSITION, VENTING OUT AN ORIFICE USUALLY ON THE  SIDE  OF
THE  TUBE  AND  IS  SIMILAR  IN  OPERATION TO A WHEEL BUT INTENDED TO BE
PLACED FLAT ON THE GROUND AND IGNITED. A SHOWER OF SPARKS AND  COLOR  IS
PRODUCED BY THE RAPIDLY SPINNING DEVICE.
  (F)  FLITTER  SPARKLER:  NARROW PAPER TUBE ATTACHED TO A STICK OR WIRE
AND FILLED WITH NOT MORE  THAN  5  G  OF  PYROTECHNIC  COMPOSITION  THAT
PRODUCES  COLOR  AND  SPARKS  UPON IGNITION. THE PAPER AT ONE END OF THE
TUBE IS IGNITED TO MAKE THE DEVICE FUNCTION.
  (G) TOY SMOKE DEVICE: SMALL PLASTIC OR PAPER ITEM CONTAINING NOT  MORE
THAN  100  G  OF  PYROTECHNIC  COMPOSITION THAT, UPON IGNITION, PRODUCES
WHITE OR COLORED SMOKE AS THE PRIMARY EFFECT. TOY  SMOKE  DEVICES,  WHEN
COMPLYING WITH THE PROVISIONS OF THIS SECTION, ARE CLASSED AS FIREWORKS,
1.4G  UNLESS  CLASSED  AS  1.4S  OR NOT REGULATED AS AN EXPLOSIVE ON THE
BASIS OF EXAMINATION AND TESTING AS SPECIFIED IN TITLE 49 CFR, S 173.56.
  (H) WIRE SPARKLER/DIPPED STICK: THESE DEVICES CONSIST OF A METAL  WIRE
OR  WOOD  DOWEL  THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION. UPON

S. 4529--B                          4

IGNITION OF THE TIP OF THE DEVICE,  A  SHOWER  OF  SPARKS  IS  PRODUCED.
SPARKLERS MAY CONTAIN UP TO 100 G OF PYROTECHNIC COMPOSITION PER ITEM.
  (J) MULTIPLE TUBE DEVICES CONTAINING MORE THAN ONE CARDBOARD TUBE: THE
IGNITION  OF  ONE  EXTERNAL  FUSE CAUSES ALL OF THE TUBES TO FUNCTION IN
SEQUENCE. THE TUBES ARE EITHER INDIVIDUALLY ATTACHED TO A WOOD OR  PLAS-
TIC  BASE,  OR  ARE  DENSE-PACKED  AND  ARE HELD TOGETHER BY GLUE, WIRE,
STRING, OR OTHER MEANS THAT SECURELY HOLDS  THE  TUBES  TOGETHER  DURING
OPERATION. THE WEIGHT OF CHEMICAL COMPOSITION PER TUBE IS LIMITED TO THE
WEIGHT LIMIT FOR THE SPECIFIC TYPE OF DEVICE IN THE TUBE. THE CONNECTING
FUSES  ON  MULTIPLE  TUBE  DEVICES MUST BE FUSED IN SEQUENCE SO THAT THE
TUBES FIRE SEQUENTIALLY RATHER THAN ALL AT ONCE.   WHEN  THE  TUBES  ARE
SECURELY ATTACHED TO A WOOD OR PLASTIC 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 500 G OF PYROTECHNIC COMPOSITION
SHALL BE PERMITTED FOR APPROVAL AS 1.4G.
  (V)  NOVELTIES  WHICH  DO  NOT REQUIRE APPROVAL FROM USDOT AND ARE NOT
REGULATED AS EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED  AND  PACK-
AGED 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 16  MG  (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 MATE-
RIAL.
  (C) TOY SMOKE DEVICES: SMALL DEVICES CONSISTING OF CORK-LIKE  SPHERES,
OR CARDBOARD OR PLASTIC TUBES, CONTAINING NOT MORE THAN 5 G OF PYROTECH-
NIC  COMPOSITION  THAT PRODUCES A SMALL CLOUD OF SMOKE AFTER ACTIVATION.
THE DEVICES ARE TYPICALLY IGNITED BY MEANS OF  SAFETY  FUSE.  THE  OUTER
CONFIGURATION  IS  USUALLY  A  SPHERE (SMOKE BALL), CYLINDRICAL TUBE, OR
PAPER CONE. THE CHEMICAL COMPOSITION FOR WHITE SMOKE CONSISTS OF  POTAS-
SIUM  NITRATE  AND SULFUR, WHILE COLORED SMOKES ARE PRODUCED BY MIXTURES
CONSISTING OF POTASSIUM CHLORATE, SULFUR  OR  SUGAR,  AND  A  SUBLIMABLE
ORGANIC  DYE. MIXTURES CONTAINING POTASSIUM CHLORATE MUST ALSO CONTAIN A
NEUTRALIZER/COOLANT SUCH AS  SODIUM  BICARBONATE.  TO  BE  ELIGIBLE  FOR
UNREGULATED STATUS, THESE DEVICES MUST PRODUCE SMOKE AS THEIR SOLE PYRO-
TECHNIC  EFFECT  FOLLOWING IGNITION, AND MUST BE PACKAGED IN INNER UNITS
CONTAINING A MAXIMUM OF SEVENTY-TWO DEVICES.
  (D) SNAKES, GLOW WORM: PRESSED PELLETS OF PYROTECHNIC COMPOSITION THAT
CONTAIN 2 G OR LESS OF  COMPOSITION  PER  ARTICLE.  UPON  BURNING,  THEY
PRODUCE  A  SNAKE-LIKE  ASH  THAT EXPANDS IN LENGTH AS THE PELLET BURNS.
CHEMICAL COMPOSITIONS VARY, BUT TYPICALLY CONTAIN AMMONIUM  PERCHLORATE,
NITRATE  PITCH,  ASPHALTUM,  AND  SIMILAR  CARBONACEOUS MATERIALS. THESE
DEVICES ARE LIMITED TO A MAXIMUM OF TWENTY-FIVE PELLETS PER INNER  PACK-
AGE IN ORDER TO BE TRANSPORTED AS NOT REGULATED DEVICES.
  (E) WIRE SPARKERS/DIPPED STICKS: THESE DEVICES CONSIST OF A METAL WIRE
OR  WOOD  DOWEL  THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION. UPON
IGNITION OF THE TIP OF THE DEVICE,  A  SHOWER  OF  SPARKS  IS  PRODUCED.

S. 4529--B                          5

SPARKLERS  MAY  CONTAIN  UP  TO 100 G OF COMPOSITION PER ITEM. SPARKLERS
TYPICALLY USE BARIUM NITRATE AS THE OXIDIZER, WITH ALUMINUM AND DEXTRINE
AS FUELS. IRON FILINGS PRODUCE THE SPARK EFFECT. COLOR-PRODUCING  SPARK-
LERS USE POTASSIUM PERCHLORATE AS AN OXIDIZER. ANY SPARKLER CONTAINING A
CHLORATE  OR  PERCHLORATE  OXIDIZER  IS  LIMITED  TO A MAXIMUM OF 5 G OF
COMPOSITION PER ARTICLE. SPARKLERS MUST BE PACKAGED IN  INNER  PACKAGING
THAT  CONTAIN  EIGHT  DEVICES OR LESS TO BE TRANSPORTED AS NOT REGULATED
DEVICES.
  (VI) TOY PLASTIC OR PAPER CAPS FOR  TOY  PISTOLS  IN  SHEETS,  STRIPS,
ROLLS,  OR  INDIVIDUAL CAPS, CONTAINING NOT MORE THAN AN AVERAGE OF 0.25
GRAINS (16 MG) OF EXPLOSIVE COMPOSITION PER CAP. TOY CAPS ARE  DESCRIBED
AS  TOY CAPS NA0037 AND CLASSED AS 1.4S. TOY CAPS SHALL ONLY BE APPROVED
FOR TRANSPORTATION USING THE PROCEDURE SPECIFIED  IN  TITLE  49  CFR,  S
173.56(B), 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.
  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;
  [(b)  (i)  Except as herein otherwise stated, or except where a permit
is obtained pursuant to section 405.00,]  (III)  any  person  who  shall
possess,  use,  explode  or  cause to explode any fireworks or dangerous
fireworks is guilty of a violation[.];
  [(ii)  A] (IV) ANY person who shall offer or expose for sale, sell  or
furnish,  any  dangerous fireworks to any person who is under the age of
eighteen is guilty of a class A misdemeanor.
  [(iii)] (B) A person who has previously been convicted of a  violation
of  subparagraph [(ii)] (IV) of [this] 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.  [The provisions of this section shall not apply to articles of the
kind  and  nature herein mentioned, while in possession of railroads and
transportation agencies for the  purpose  of  transportation  to  points
without the state, the shipment of which is not prohibited by the inter-
state  commerce  commission regulations as formulated and published from
time to time, unless the same be held voluntarily by such  railroads  or
transportation  companies  as warehousemen for delivery to points within
the state; provided, that none of the provisions of this  section  shall
apply  to 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, or to high explosives for blasting
or similar purposes; provided  that  none  of  the  provisions  of  this
section  shall  apply  to  fireworks  or dangerous fireworks and the use

S. 4529--B                          6

thereof by the army and  navy  departments  of  the  state  and  federal
government;  nor  shall  anything  in this act contained be construed to
prohibit any manufacturer, wholesaler, dealer or jobber from manufactur-
ing,  possessing  or  selling  at  wholesale such fireworks or dangerous
fireworks to municipalities,  religious  or  civic  organizations,  fair
associations, amusement parks, or other organizations or groups of indi-
viduals  authorized  to possess and use fireworks or dangerous fireworks
under this act, or the sale or use of blank cartridges  for  a  show  or
theatre, or for signal purposes in athletic sports, or for dog trials or
dog training, or the use, or the storage, transportation or sale for use
of  fireworks  or  dangerous  fireworks  in  the  preparation  for or in
connection with television broadcasts; nor shall anything  in  this  act
contained  be  construed  to  prohibit  the  manufacture of fireworks or
dangerous fireworks, nor the sale of any kind of fireworks or  dangerous
fireworks,  provided  the  same  are  to  be shipped directly out of the
state.] EXCEPTIONS. (A) THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY
TO:
  (I)  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 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, 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,  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 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
  (VI)  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  OTHER-
WISE HANDLED IN ACCORDANCE WITH FEDERAL LAW OR REGULATION.
  (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  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;

S. 4529--B                          7

  (II) 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;
  (III)  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 DEIGNED FORMAT WHEN SUCH USE, TRANSPORTATION AND
STORAGE HAS BEEN  APPROPRIATELY  PERMITTED  BY  THE  LOCAL  GOVERNMENTAL
SUBDIVISION HAVING JURISDICTION; OR
  (IV) THE MANUFACTURE OR SALE OF SPARKLING 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.
  (C)  EXCEPT  AS SPECIFICALLY PROHIBITED BY ANY OTHER PROVISION OF THIS
ARTICLE,  THE  SALE,  DISTRIBUTION,  USE,  STORAGE,  TRANSPORTATION  AND
POSSESSION OF SPARKLING DEVICES, NOVELTIES, TOY CAPS AND SIMILAR DEVICES
THROUGHOUT THE STATE IS ALLOWED AT ALL TIMES.
  (D)  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.
  6.  SALE OF SPARKLING DEVICES REGULATED. SPARKLING DEVICES, NOVELTIES,
TOY CAPS OR SIMILAR DEVICES WHICH ARE AUTHORIZED FOR  SALE  UNDER  PARA-
GRAPH  (C)  OF  SUBDIVISION  ONE  OF  THIS  SECTION MAY NOT BE SOLD BY A
RETAILER OR SEASONAL RETAILER UNLESS THE PRODUCT  WAS  OBTAINED  FROM  A
MANUFACTURER,  DISTRIBUTOR,  OR 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 EXHIBIT
A COPY OF HIS OR HER REGISTRATION CERTIFICATE AT  EACH  SEASONAL  RETAIL
LOCATION. THE SALE OF SPARKLING DEVICES AND NOVELTIES SHALL BE REGULATED
BY THE PROVISIONS OF NFPA 1124, 2006 EDITION ONLY.
  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.

S. 4529--B                          8

  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
 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 FIREWORKS
           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 PREVIOUSLY
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 FIREWORKS
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 INTERSTATE
COMMERCE COMMISSION REGULATIONS AS FORMULATED AND PUBLISHED FROM TIME TO

S. 4529--B                          9

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 GOVERNMENTS; 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 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.
  (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  OTHER-
WISE 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 SPARKLING 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 IS ALLOWED.
  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. 4529--B                         10

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 AND FEES FOR MANUFACTURERS, DISTRIBUTORS, WHOLE-
SALERS, AND RETAILERS OF SPARKLING DEVICES.   1.  REGISTRATION  REQUIRE-
MENTS.  ANY MANUFACTURER, DISTRIBUTOR, WHOLESALER, RETAILER, OR SEASONAL
RETAILER OF SPARKLING 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  SPAR-
KLING  DEVICES AT MORE THAN ONE RETAIL LOCATION MAY SUBMIT ONE REGISTRA-
TION FORM FOR ALL SUCH LOCATIONS BUT MUST PROVIDE THE  ADDRESS  OF  EACH

S. 4529--B                         11

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.
  (C) NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL CHARGE ANY
FEE  OR  REQUIRE ANY PERMIT WHATSOEVER FOR THE SALE AND USE OF SPARKLING
DEVICES.
  4.  RULES.  THE  STATE  FIRE  ADMINISTRATOR  SHALL  PROMULGATE   RULES
PRESCRIBING REGISTRATION FORMS REQUIRED BY THIS SECTION.
  S 6. This act shall take effect immediately.

S4529C - Bill Details

See Assembly Version of this Bill:
A4362C
Law Section:
Penal Law
Laws Affected:
Amd §§270.00 & 405.00, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9006B, S5932B

S4529C - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4529C

TITLE OF BILL:
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

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
"Fireworks" and "Dangerous Fireworks" sparkling devices, novelties,
toy caps, and similar devices as defined by APA Standard 87-1, 2001
edition.
In addition to being removed from the definition of "Fireworks" and
"Dangerous Fireworks" this section also removes sparkling devices,
novelties, toy caps, and similar devices as defined by APA Standard
87-1, 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." It also
provides what the term "fireworks" and "dangerous fireworks" shall
not be deemed to include, such as flares, sparkling devices and other
novelties.

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
fireworks or dangerous fireworks in the second degree. Includes sale,
sell, or furnish display fireworks without a required permit or sale,
sell, or furnish sparkling devices or novelties or similar devices to
any person who is under the age of eighteen. Provides a penalty of a
class B misdemeanor.

Section 271.10 defines the crime of criminal possession or sale of
fireworks 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 sparkling devices, 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
to occur whenever when a person shall possess, use, explode, or cause


to explode fireworks or dangerous fireworks. Provides a penalty of a
violation.

Section 271.20 defines the crime of aggravated sale of fireworks or
dangerous 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 committing a crime defined in section 271.05 or
271.10 of this article. Provides a 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 and also Section 4 of the bill describes the
limitations of application of the above mentioned provisions.
Included in these limitations is a prohibition of the manufacture,
sale or use of sparkling devices in cities with a population of one
million or more.

Section 5 provides for the licensure for the manufacture,
distribution, wholesale and retail of sparkling devices in New York
State. And also, all retailers of such products must register
annually with the state.

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 fireworks, and penalizes as a class B
misdemeanor the sale of fireworks or dangerous fireworks. Any person
who sells fireworks or dangerous fireworks valued at $500 or more, or
who sells dangerous fireworks to a minor, is guilty of a class R
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 fireworks 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 composition." They also update the current definition of
sparkler's as either wood stick or wire, and define hand held 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
without 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 legislation in cities with a population in excess of one million.

In other areas of the state, possession and sale of these items would
be permitted. A second category would include hand held and ground
based.
sparkling devices which are non-explosive and non··aerial and which
contain small amounts 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 sparklers to minors under the
age of sixteen and prohibits the sale of fountain sparklers to
minor's under the age of eighteen. Pursuant to the amendments, repeat
sales to a minor of these items subjects the offender to felony
prosecution. Since the article how 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:
A.9006B of 2009-2010 - amend (t) and recommit to codes


FISCAL IMPLICATIONS:
To be determined. There will be considerable
revenue from state sales tax and vendor registration fees.

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

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 4529--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

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

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. Subdivisions 1, 2, and 3 of section  270.00  of  the  penal
law,  as  amended  by chapter 180 of the laws of 1997, are amended and a
new subdivision 6 is added 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.
                                                           LBD05241-08-1

S. 4529--C                          2

  (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 OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN PYRO-
TECHNIC 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 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 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  AND  ARE
COMMONLY  REFERRED TO AS SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE ROCK-
ETS, 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.
  (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
  [(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

S. 4529--C                          3

carrier for such devices and where the total storage on any one premises
does not exceed one hundred devices, OR
  (IV)  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 CRACK-
LING-TYPE EFFECT IS NOT CONSIDERED TO BE A  REPORT).    GROUND-BASED  OR
HAND-HELD  DEVICES THAT PRODUCE A CLOUD OF SMOKE AS THEIR SOLE PYROTECH-
NIC EFFECT ARE ALSO INCLUDED IN THIS CATEGORY. TYPES OF DEVICES IN  THIS
CATEGORY INCLUDE:
  (A) CYLINDRICAL FOUNTAIN: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 75
G 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 FOUN-
TAIN). WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL  PYRO-
TECHNIC  COMPOSITION  MAY  NOT EXCEED 200 G, 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 MAXI-
MUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE ALLOWED.
  (B) CONE FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING  NOT  MORE
THAN  50 G 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 200 G, AS IS OUTLINED
IN SUBPARAGRAPH (J) OF THIS PARAGRAPH.
  (C)  ILLUMINATING TORCH: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 100
G OF PYROTECHNIC COMPOSITION THAT PRODUCES A COLORED FLAME UPON IGNITION
AND MAY HAVE A SPIKE, BASE, OR HAND HELD FOUNTAIN. WHEN  MORE  THAN  ONE
TUBE  IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT
EXCEED 200 G, AS IS OUTLINED IN SUBPARAGRAPH (J) OF THIS PARAGRAPH.
  (D) WHEEL: PYROTECHNIC DEVICE INTENDED TO BE ATTACHED  TO  A  POST  OR
TREE  BY  MEANS  OF A NAIL OR STRING WHICH MAY HAVE ONE OR MORE DRIVERS,
EACH OF WHICH MAY CONTAIN NOT MORE THAN 60 G OF PYROTECHNIC COMPOSITION.
NO WHEEL MAY CONTAIN MORE THAN 200 G OF TOTAL  PYROTECHNIC  COMPOSITION.
UPON  IGNITION,  THE  WHEEL  REVOLVES,  PRODUCING  A SHOWER OF COLOR AND
SPARKS AND, SOMETIMES, A WHISTLING EFFECT.
  (E) GROUND SPINNER: SMALL DEVICE CONTAINING NOT  MORE  THAN  20  G  OF
PYROTECHNIC  COMPOSITION,  VENTING OUT AN ORIFICE USUALLY ON THE SIDE OF
THE TUBE AND IS SIMILAR IN OPERATION TO  A  WHEEL  BUT  INTENDED  TO  BE
PLACED  FLAT  ON THE GROUND AND IGNITED. A SHOWER OF SPARKS AND COLOR IS
PRODUCED BY THE RAPIDLY SPINNING DEVICE.
  (F) FLITTER SPARKLER: NARROW PAPER TUBE ATTACHED TO A  STICK  OR  WIRE
AND  FILLED  WITH  NOT  MORE  THAN  5  G OF PYROTECHNIC COMPOSITION THAT
PRODUCES COLOR AND SPARKS UPON IGNITION. THE PAPER AT  ONE  END  OF  THE
TUBE IS IGNITED TO MAKE THE DEVICE FUNCTION.
  (G)  TOY SMOKE DEVICE: SMALL PLASTIC OR PAPER ITEM CONTAINING NOT MORE
THAN 100 G OF PYROTECHNIC  COMPOSITION  THAT,  UPON  IGNITION,  PRODUCES
WHITE  OR  COLORED  SMOKE AS THE PRIMARY EFFECT. TOY SMOKE DEVICES, WHEN
COMPLYING WITH THE PROVISIONS OF THIS SECTION, ARE CLASSED AS FIREWORKS,
1.4G UNLESS CLASSED AS 1.4S OR NOT REGULATED  AS  AN  EXPLOSIVE  ON  THE
BASIS OF EXAMINATION AND TESTING AS SPECIFIED IN TITLE 49 CFR, S 173.56.

S. 4529--C                          4

  (H)  WIRE SPARKLER/DIPPED STICK: THESE DEVICES CONSIST OF A METAL WIRE
OR 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 100 G OF PYROTECHNIC COMPOSITION PER ITEM.
  (I) MULTIPLE TUBE DEVICES CONTAINING MORE THAN ONE CARDBOARD TUBE: THE
IGNITION  OF  ONE  EXTERNAL  FUSE CAUSES ALL OF THE TUBES TO FUNCTION IN
SEQUENCE. THE TUBES ARE EITHER INDIVIDUALLY ATTACHED TO A WOOD OR  PLAS-
TIC  BASE,  OR  ARE  DENSE-PACKED  AND  ARE HELD TOGETHER BY GLUE, WIRE,
STRING, OR OTHER MEANS THAT SECURELY HOLDS  THE  TUBES  TOGETHER  DURING
OPERATION. THE WEIGHT OF CHEMICAL COMPOSITION PER TUBE IS LIMITED TO THE
WEIGHT LIMIT FOR THE SPECIFIC TYPE OF DEVICE IN THE TUBE. THE CONNECTING
FUSES  ON  MULTIPLE  TUBE  DEVICES MUST BE FUSED IN SEQUENCE SO THAT THE
TUBES FIRE SEQUENTIALLY RATHER THAN ALL AT ONCE.   WHEN  THE  TUBES  ARE
SECURELY ATTACHED TO A WOOD OR PLASTIC 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 500 G OF PYROTECHNIC COMPOSITION
SHALL BE PERMITTED FOR APPROVAL AS 1.4G, OR
  (V)  NOVELTIES  WHICH  DO  NOT REQUIRE APPROVAL FROM USDOT AND ARE NOT
REGULATED AS EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED  AND  PACK-
AGED 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 16  MG  (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 MATE-
RIAL.
  (C) TOY SMOKE DEVICES: SMALL DEVICES CONSISTING OF CORK-LIKE  SPHERES,
OR CARDBOARD OR PLASTIC TUBES, CONTAINING NOT MORE THAN 5 G OF PYROTECH-
NIC  COMPOSITION  THAT PRODUCES A SMALL CLOUD OF SMOKE AFTER ACTIVATION.
THE DEVICES ARE TYPICALLY IGNITED BY MEANS OF  SAFETY  FUSE.  THE  OUTER
CONFIGURATION  IS  USUALLY  A  SPHERE (SMOKE BALL), CYLINDRICAL TUBE, OR
PAPER CONE. THE CHEMICAL COMPOSITION FOR WHITE SMOKE CONSISTS OF  POTAS-
SIUM  NITRATE  AND SULFUR, WHILE COLORED SMOKES ARE PRODUCED BY MIXTURES
CONSISTING OF POTASSIUM CHLORATE, SULFUR  OR  SUGAR,  AND  A  SUBLIMABLE
ORGANIC  DYE. MIXTURES CONTAINING POTASSIUM CHLORATE MUST ALSO CONTAIN A
NEUTRALIZER/COOLANT SUCH AS  SODIUM  BICARBONATE.  TO  BE  ELIGIBLE  FOR
UNREGULATED STATUS, THESE DEVICES MUST PRODUCE SMOKE AS THEIR SOLE PYRO-
TECHNIC  EFFECT  FOLLOWING IGNITION, AND MUST BE PACKAGED IN INNER UNITS
CONTAINING A MAXIMUM OF SEVENTY-TWO DEVICES.
  (D) SNAKES, GLOW WORM: PRESSED PELLETS OF PYROTECHNIC COMPOSITION THAT
CONTAIN 2 G OR LESS OF  COMPOSITION  PER  ARTICLE.  UPON  BURNING,  THEY
PRODUCE  A  SNAKE-LIKE  ASH  THAT EXPANDS IN LENGTH AS THE PELLET BURNS.
CHEMICAL COMPOSITIONS VARY, BUT TYPICALLY CONTAIN AMMONIUM  PERCHLORATE,
NITRATE  PITCH,  ASPHALTUM,  AND  SIMILAR  CARBONACEOUS MATERIALS. THESE
DEVICES ARE LIMITED TO A MAXIMUM OF TWENTY-FIVE PELLETS PER INNER  PACK-
AGE IN ORDER TO BE TRANSPORTED AS NOT REGULATED DEVICES.

S. 4529--C                          5

  (E) WIRE SPARKERS/DIPPED STICKS: THESE DEVICES CONSIST OF A METAL WIRE
OR  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 100 G OF COMPOSITION PER ITEM. SPARKLERS
TYPICALLY USE BARIUM NITRATE AS THE OXIDIZER, WITH ALUMINUM AND DEXTRINE
AS  FUELS. IRON FILINGS PRODUCE THE SPARK EFFECT. COLOR-PRODUCING SPARK-
LERS USE POTASSIUM PERCHLORATE AS AN OXIDIZER. ANY SPARKLER CONTAINING A
CHLORATE OR PERCHLORATE OXIDIZER IS LIMITED TO  A  MAXIMUM  OF  5  G  OF
COMPOSITION  PER  ARTICLE. SPARKLERS MUST BE PACKAGED IN INNER PACKAGING
THAT CONTAIN EIGHT DEVICES OR LESS TO BE TRANSPORTED  AS  NOT  REGULATED
DEVICES, OR
  (VI)  TOY  PLASTIC  OR  PAPER  CAPS FOR TOY PISTOLS IN SHEETS, STRIPS,
ROLLS, OR INDIVIDUAL CAPS, CONTAINING NOT MORE THAN AN AVERAGE  OF  0.25
GRAINS  (16 MG) OF EXPLOSIVE COMPOSITION PER CAP. TOY CAPS ARE DESCRIBED
AS TOY CAPS NA0037 AND CLASSED AS 1.4S. TOY CAPS SHALL ONLY BE  APPROVED
FOR  TRANSPORTATION  USING  THE  PROCEDURE  SPECIFIED IN TITLE 49 CFR, S
173.56(B), 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.
  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 fire-
works 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;
  [(b) (i)  Except as herein otherwise stated, or except where a  permit
is  obtained  pursuant  to  section  405.00,] (III) any person who shall
possess, use, explode or cause to explode  any  fireworks  or  dangerous
fireworks is guilty of a violation[.];
  [(ii)   A] (IV) ANY person who shall offer or expose for sale, sell or
furnish, any dangerous fireworks, FIREWORKS, SPARKLING  DEVICES,  NOVEL-
TIES  OR  SIMILAR DEVICES to any person who is under the age of eighteen
is guilty of a class A misdemeanor.
  [(iii)] (B) A person who has previously been convicted of a  violation
of  subparagraph [(ii)] (IV) of [this] 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.  [The provisions of this section shall not apply to articles of the
kind  and  nature herein mentioned, while in possession of railroads and
transportation agencies for the  purpose  of  transportation  to  points
without the state, the shipment of which is not prohibited by the inter-
state  commerce  commission regulations as formulated and published from
time to time, unless the same be held voluntarily by such  railroads  or
transportation  companies  as warehousemen for delivery to points within
the state; provided, that none of the provisions of this  section  shall
apply  to signaling devices used by railroad companies or motor vehicles

S. 4529--C                          6

referred to in subdivision seventeen of section three  hundred  seventy-
five  of the vehicle and traffic law, or to high explosives for blasting
or similar purposes; provided  that  none  of  the  provisions  of  this
section  shall  apply  to  fireworks  or dangerous fireworks and the use
thereof by the army and  navy  departments  of  the  state  and  federal
government;  nor  shall  anything  in this act contained be construed to
prohibit any manufacturer, wholesaler, dealer or jobber from manufactur-
ing, possessing or selling at  wholesale  such  fireworks  or  dangerous
fireworks  to  municipalities,  religious  or  civic organizations, fair
associations, amusement parks, or other organizations or groups of indi-
viduals authorized to possess and use fireworks or  dangerous  fireworks
under  this  act,  or  the sale or use of blank cartridges for a show or
theatre, or for signal purposes in athletic sports, or for dog trials or
dog training, or the use, or the storage, transportation or sale for use
of fireworks or  dangerous  fireworks  in  the  preparation  for  or  in
connection  with  television  broadcasts; nor shall anything in this act
contained be construed to  prohibit  the  manufacture  of  fireworks  or
dangerous  fireworks, nor the sale of any kind of fireworks or dangerous
fireworks, provided the same are to  be  shipped  directly  out  of  the
state.]  EXCEPTIONS.  (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
TO:
  (I) 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 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, 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, 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 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
  (VI)  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 OTHER-
WISE HANDLED IN ACCORDANCE WITH FEDERAL LAW OR REGULATION.
  (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  SUCH  SPARKLING
DEVICES, NOVELTIES, OR TOY CAPS OR SIMILAR  DEVICES  TO  MUNICIPALITIES,
RELIGIOUS OR CIVIC ORGANIZATIONS, FAIR ASSOCIATIONS, AMUSEMENT PARKS, OR

S. 4529--C                          7

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, TELE-
VISION 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 IN THE PREPARATION FOR OR IN CONNECTION WITH MOTION  PICTURES,
TELEVISION  PROGRAMS,  COMMERCIALS, AND ALL ENTERTAINMENT MEDIA RECORDED
IN ANY CURRENT OR TO BE DEIGNED FORMAT WHEN SUCH USE, TRANSPORTATION AND
STORAGE HAS BEEN  APPROPRIATELY  PERMITTED  BY  THE  LOCAL  GOVERNMENTAL
SUBDIVISION HAVING JURISDICTION; OR
  (IV) THE MANUFACTURE OR SALE OF SPARKLING 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.
  (C)  EXCEPT  AS SPECIFICALLY PROHIBITED BY ANY OTHER PROVISION OF THIS
ARTICLE,  THE  SALE,  DISTRIBUTION,  USE,  STORAGE,  TRANSPORTATION  AND
POSSESSION OF SPARKLING DEVICES, NOVELTIES, TOY CAPS AND SIMILAR DEVICES
THROUGHOUT THE STATE IS ALLOWED AT ALL TIMES.
  (D)  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.
  6.  SALE OF SPARKLING DEVICES REGULATED. SPARKLING DEVICES, NOVELTIES,
TOY CAPS OR SIMILAR DEVICES WHICH ARE AUTHORIZED FOR  SALE  UNDER  PARA-
GRAPH  (C)  OF  SUBDIVISION  ONE  OF  THIS  SECTION MAY NOT BE SOLD BY A
RETAILER OR SEASONAL RETAILER UNLESS THE PRODUCT  WAS  OBTAINED  FROM  A
MANUFACTURER,  DISTRIBUTOR,  OR 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 EXHIBIT
A COPY OF HIS OR HER REGISTRATION CERTIFICATE AT  EACH  SEASONAL  RETAIL
LOCATION. THE SALE OF SPARKLING DEVICES AND NOVELTIES SHALL BE REGULATED
BY THE PROVISIONS OF NFPA 1124, 2006 EDITION ONLY.
  S  2.  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 3. 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 4. The executive law is amended by adding a  new  section  156-h  to
read as follows:
  S 156-H. REGISTRATION AND FEES FOR MANUFACTURERS, DISTRIBUTORS, WHOLE-
SALERS,  AND  RETAILERS  OF SPARKLING DEVICES.  1. REGISTRATION REQUIRE-
MENTS.  ANY MANUFACTURER, DISTRIBUTOR, WHOLESALER, RETAILER, OR SEASONAL

S. 4529--C                          8

RETAILER OF SPARKLING 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 SPAR-
KLING DEVICES AT MORE THAN ONE RETAIL LOCATION MAY SUBMIT ONE  REGISTRA-
TION  FORM  FOR  ALL SUCH LOCATIONS BUT MUST PROVIDE THE ADDRESS OF EACH
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.
  (C) NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL CHARGE ANY
FEE  OR  REQUIRE ANY PERMIT WHATSOEVER FOR THE SALE AND USE OF SPARKLING
DEVICES.
  4.  RULES.  THE  STATE  FIRE  ADMINISTRATOR  SHALL  PROMULGATE   RULES
PRESCRIBING REGISTRATION FORMS REQUIRED BY THIS SECTION.
  S 5. This act shall take effect immediately.

S4529D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4362C
Law Section:
Penal Law
Laws Affected:
Amd §§270.00 & 405.00, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9006B, S5932B

S4529D (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4529D

TITLE OF BILL:
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

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
"Fireworks" and "Dangerous Fireworks" sparkling devices, novelties,
toy caps, and similar devices as defined by APA Standard 87-1, 2001
edition.
In addition to being removed from the definition of "Fireworks" and
"Dangerous Fireworks" this section also removes sparkling devices,
novelties, toy caps, and similar devices as defined by APA Standard
87-1, 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." It also
provides what the term "fireworks" and "dangerous fireworks" shall
not be deemed to include, such as flares, sparkling devices and other
novelties.

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
fireworks or dangerous fireworks in the second degree. Includes sale,
sell, or furnish display fireworks without a required permit or sale,
sell, or furnish sparkling devices or novelties or similar devices to
any person who is under the age of eighteen. Provides a penalty of a
class B misdemeanor.

Section 271.10 defines the crime of criminal possession or sale of
fireworks 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 sparkling devices, 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
to occur whenever when a person shall possess, use, explode, or cause


to explode fireworks or dangerous fireworks. Provides a penalty of a
violation.

Section 271.20 defines the crime of aggravated sale of fireworks or
dangerous 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 committing a crime defined in section 271.05 or
271.10 of this article. Provides a 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 and also Section 4 of the bill describes the
limitations of application of the above mentioned provisions.
Included in these limitations is a prohibition of the manufacture,
sale or use of sparkling devices in cities with a population of one
million or more.

Section 5 provides for the licensure for the manufacture,
distribution, wholesale and retail of sparkling devices in New York
State. And also, all retailers of such products must register
annually with the state.

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 fireworks, and penalizes as a class B
misdemeanor the sale of fireworks or dangerous fireworks. Any person
who sells fireworks or dangerous fireworks valued at $500 or more, or
who sells dangerous fireworks to a minor, is guilty of a class R
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 fireworks 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 composition." They also update the current definition of
sparkler's as either wood stick or wire, and define hand held 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
without 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 legislation in cities with a population in excess of one million.

In other areas of the state, possession and sale of these items would
be permitted. A second category would include hand held and ground
based.
sparkling devices which are non-explosive and non··aerial and which
contain small amounts 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 sparklers to minors under the
age of sixteen and prohibits the sale of fountain sparklers to
minor's under the age of eighteen. Pursuant to the amendments, repeat
sales to a minor of these items subjects the offender to felony
prosecution. Since the article how 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:
A.9006B of 2009-2010 - amend (t) and recommit to codes


FISCAL IMPLICATIONS:
To be determined. There will be considerable
revenue from state sales tax and vendor registration fees.

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

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 4529--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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, sparkling devices and ammunition

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

  Section 1. Subdivisions 1, 2, and 3 of section  270.00  of  the  penal
law,  as amended by chapter 180 of the laws of 1997, are amended to read
as follows:
  1.  Definition of "fireworks" 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05241-13-1

S. 4529--D                          2

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 OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN  PYRO-
TECHNIC 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 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  AUDI-
BLE,  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  ROCK-
ETS,  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; AND
  (V)  IN  CITIES  WITH  A  POPULATION  OF ONE MILLION OR MORE, THE TERM
"FIREWORKS" SHALL ALSO 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.
  (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, PROVIDED, HOWEVER, THAT IN CITIES WITH A POPU-
LATION 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  [(1)] 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 common-
ly known as red flares, or marine distress signals of a type approved by
the United States coast guard, or

S. 4529--D                          3

  [(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.
  (C-1)  EXCEPT  IN  CITIES  WITH  A  POPULATION OF ONE MILLION OF MORE,
"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) 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 CRACK-
LING-TYPE EFFECT IS NOT CONSIDERED TO BE A  REPORT).    GROUND-BASED  OR
HAND-HELD  DEVICES THAT PRODUCE A CLOUD OF SMOKE AS THEIR SOLE PYROTECH-
NIC EFFECT ARE ALSO INCLUDED IN THIS CATEGORY. TYPES OF DEVICES IN  THIS
CATEGORY INCLUDE:
  (A) CYLINDRICAL FOUNTAIN: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 75
G 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 FOUN-
TAIN). WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL  PYRO-
TECHNIC  COMPOSITION  MAY  NOT EXCEED 200 G, 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 MAXI-
MUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE ALLOWED.
  (B) CONE FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING  NOT  MORE
THAN  50 G 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 200 G, AS IS OUTLINED
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (C)  ILLUMINATING TORCH: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 100
G OF PYROTECHNIC COMPOSITION THAT PRODUCES A COLORED FLAME UPON IGNITION
AND MAY HAVE A SPIKE, BASE, OR HAND HELD FOUNTAIN. WHEN  MORE  THAN  ONE
TUBE  IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT
EXCEED 200 G, AS IS OUTLINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.

S. 4529--D                          4

  (D) WHEEL: PYROTECHNIC DEVICE INTENDED TO BE ATTACHED  TO  A  POST  OR
TREE  BY  MEANS  OF A NAIL OR STRING WHICH MAY HAVE ONE OR MORE DRIVERS,
EACH OF WHICH MAY CONTAIN NOT MORE THAN 60 G OF PYROTECHNIC COMPOSITION.
NO WHEEL MAY CONTAIN MORE THAN 200 G OF TOTAL  PYROTECHNIC  COMPOSITION.
UPON  IGNITION,  THE  WHEEL  REVOLVES,  PRODUCING  A SHOWER OF COLOR AND
SPARKS AND, SOMETIMES, A WHISTLING EFFECT.
  (E) GROUND SPINNER: SMALL DEVICE CONTAINING NOT  MORE  THAN  20  G  OF
PYROTECHNIC  COMPOSITION,  VENTING OUT AN ORIFICE USUALLY ON THE SIDE OF
THE TUBE AND IS SIMILAR IN OPERATION TO  A  WHEEL  BUT  INTENDED  TO  BE
PLACED  FLAT  ON THE GROUND AND IGNITED. A SHOWER OF SPARKS AND COLOR IS
PRODUCED BY THE RAPIDLY SPINNING DEVICE.
  (F) FLITTER SPARKLER: NARROW PAPER TUBE ATTACHED TO A  STICK  OR  WIRE
AND  FILLED  WITH  NOT  MORE  THAN  5  G OF PYROTECHNIC COMPOSITION THAT
PRODUCES COLOR AND SPARKS UPON IGNITION. THE PAPER AT  ONE  END  OF  THE
TUBE IS IGNITED TO MAKE THE DEVICE FUNCTION.
  (G)  TOY SMOKE DEVICE: SMALL PLASTIC OR PAPER ITEM CONTAINING NOT MORE
THAN 100 G OF PYROTECHNIC  COMPOSITION  THAT,  UPON  IGNITION,  PRODUCES
WHITE  OR  COLORED  SMOKE AS THE PRIMARY EFFECT. TOY SMOKE DEVICES, WHEN
COMPLYING WITH THE PROVISIONS OF THIS SECTION, ARE CLASSED AS FIREWORKS,
1.4G UNLESS CLASSED AS 1.4S OR NOT REGULATED  AS  AN  EXPLOSIVE  ON  THE
BASIS OF EXAMINATION AND TESTING AS SPECIFIED IN TITLE 49 CFR, S 173.56.
  (H)  WIRE SPARKLER/DIPPED STICK: THESE DEVICES CONSIST OF A METAL WIRE
OR 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 100 G OF PYROTECHNIC COMPOSITION PER ITEM.
  (I) MULTIPLE TUBE DEVICES CONTAINING MORE THAN ONE CARDBOARD TUBE: THE
IGNITION OF ONE EXTERNAL FUSE CAUSES ALL OF THE  TUBES  TO  FUNCTION  IN
SEQUENCE.  THE TUBES ARE EITHER INDIVIDUALLY ATTACHED TO A WOOD OR PLAS-
TIC BASE, OR ARE DENSE-PACKED AND  ARE  HELD  TOGETHER  BY  GLUE,  WIRE,
STRING,  OR  OTHER  MEANS  THAT SECURELY HOLDS THE TUBES TOGETHER DURING
OPERATION. THE WEIGHT OF CHEMICAL COMPOSITION PER TUBE IS LIMITED TO THE
WEIGHT LIMIT FOR THE SPECIFIC TYPE OF DEVICE IN THE TUBE. THE CONNECTING
FUSES ON MULTIPLE TUBE DEVICES MUST BE FUSED IN  SEQUENCE  SO  THAT  THE
TUBES  FIRE  SEQUENTIALLY  RATHER  THAN ALL AT ONCE.  WHEN THE TUBES ARE
SECURELY ATTACHED TO A WOOD OR PLASTIC 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 500 G OF PYROTECHNIC COMPOSITION
SHALL BE PERMITTED FOR APPROVAL AS 1.4G, OR
  (II) NOVELTIES WHICH DO NOT REQUIRE APPROVAL FROM USDOT  AND  ARE  NOT
REGULATED  AS  EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED AND PACK-
AGED 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 16 MG (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 MATE-
RIAL.

S. 4529--D                          5

  (C)  TOY SMOKE DEVICES: SMALL DEVICES CONSISTING OF CORK-LIKE SPHERES,
OR CARDBOARD OR PLASTIC TUBES, CONTAINING NOT MORE THAN 5 G OF PYROTECH-
NIC COMPOSITION THAT PRODUCES A SMALL CLOUD OF SMOKE  AFTER  ACTIVATION.
THE  DEVICES  ARE  TYPICALLY  IGNITED BY MEANS OF SAFETY FUSE. THE OUTER
CONFIGURATION  IS  USUALLY  A  SPHERE (SMOKE BALL), CYLINDRICAL TUBE, OR
PAPER CONE. THE CHEMICAL COMPOSITION FOR WHITE SMOKE CONSISTS OF  POTAS-
SIUM  NITRATE  AND SULFUR, WHILE COLORED SMOKES ARE PRODUCED BY MIXTURES
CONSISTING OF POTASSIUM CHLORATE, SULFUR  OR  SUGAR,  AND  A  SUBLIMABLE
ORGANIC  DYE. MIXTURES CONTAINING POTASSIUM CHLORATE MUST ALSO CONTAIN A
NEUTRALIZER/COOLANT SUCH AS  SODIUM  BICARBONATE.  TO  BE  ELIGIBLE  FOR
UNREGULATED STATUS, THESE DEVICES MUST PRODUCE SMOKE AS THEIR SOLE PYRO-
TECHNIC  EFFECT  FOLLOWING IGNITION, AND MUST BE PACKAGED IN INNER UNITS
CONTAINING A MAXIMUM OF SEVENTY-TWO DEVICES.
  (D) SNAKES, GLOW WORM: PRESSED PELLETS OF PYROTECHNIC COMPOSITION THAT
CONTAIN 2 G OR LESS OF  COMPOSITION  PER  ARTICLE.  UPON  BURNING,  THEY
PRODUCE  A  SNAKE-LIKE  ASH  THAT EXPANDS IN LENGTH AS THE PELLET BURNS.
CHEMICAL COMPOSITIONS VARY, BUT TYPICALLY CONTAIN AMMONIUM  PERCHLORATE,
NITRATE  PITCH,  ASPHALTUM,  AND  SIMILAR  CARBONACEOUS MATERIALS. THESE
DEVICES ARE LIMITED TO A MAXIMUM OF TWENTY-FIVE PELLETS PER INNER  PACK-
AGE IN ORDER TO BE TRANSPORTED AS NOT REGULATED DEVICES.
  (E) WIRE SPARKERS/DIPPED STICKS: THESE DEVICES CONSIST OF A METAL WIRE
OR  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 100 G OF COMPOSITION PER ITEM. SPARKLERS
TYPICALLY USE BARIUM NITRATE AS THE OXIDIZER, WITH ALUMINUM AND DEXTRINE
AS FUELS. IRON FILINGS PRODUCE THE SPARK EFFECT. COLOR-PRODUCING  SPARK-
LERS USE POTASSIUM PERCHLORATE AS AN OXIDIZER. ANY SPARKLER CONTAINING A
CHLORATE  OR  PERCHLORATE  OXIDIZER  IS  LIMITED  TO A MAXIMUM OF 5 G OF
COMPOSITION PER ARTICLE. SPARKLERS MUST BE PACKAGED IN  INNER  PACKAGING
THAT  CONTAIN  EIGHT  DEVICES OR LESS TO BE TRANSPORTED AS NOT REGULATED
DEVICES, OR
  (III) TOY PLASTIC OR PAPER CAPS FOR TOY  PISTOLS  IN  SHEETS,  STRIPS,
ROLLS,  OR  INDIVIDUAL CAPS, CONTAINING NOT MORE THAN AN AVERAGE OF 0.25
GRAINS (16 MG) OF EXPLOSIVE COMPOSITION PER CAP. TOY CAPS ARE  DESCRIBED
AS  TOY CAPS NA0037 AND CLASSED AS 1.4S. TOY CAPS SHALL ONLY BE APPROVED
FOR TRANSPORTATION USING THE PROCEDURE SPECIFIED  IN  TITLE  49  CFR,  S
173.56(B).
  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  fire-
works 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;
  [(b)  (i)  Except as herein otherwise stated, or except where a permit
is obtained pursuant to section 405.00,]  (III)  any  person  who  shall
possess,  use,  explode  or  cause to explode any fireworks or dangerous
fireworks is guilty of a violation[.];
  [(ii)  A] (IV) ANY person who shall offer or expose for sale, sell  or
furnish,  any  dangerous  fireworks,  FIREWORKS OR DEVICES AS DEFINED IN
PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION to any person who  is
under the age of eighteen is guilty of a class A misdemeanor.
  [(iii)]  (B) A person who has previously been convicted of a violation
of subparagraph [(ii)] (IV) of [this] paragraph (A) OF THIS  SUBDIVISION
within  the preceding five years and who shall offer or expose for sale,

S. 4529--D                          6

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.  [The provisions of this section shall not apply to articles of the
kind and nature herein mentioned, while in possession of  railroads  and
transportation  agencies  for  the  purpose  of transportation to points
without the state, the shipment of which is not prohibited by the inter-
state commerce commission regulations as formulated and  published  from
time  to  time, unless the same be held voluntarily by such railroads or
transportation companies as warehousemen for delivery to  points  within
the  state;  provided, that none of the provisions of this section shall
apply to 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, or to high explosives for  blasting
or  similar  purposes;  provided  that  none  of  the provisions of this
section shall apply to fireworks or  dangerous  fireworks  and  the  use
thereof  by  the  army  and  navy  departments  of the state and federal
government; nor shall anything in this act  contained  be  construed  to
prohibit any manufacturer, wholesaler, dealer or jobber from manufactur-
ing,  possessing  or  selling  at  wholesale such fireworks or dangerous
fireworks to municipalities,  religious  or  civic  organizations,  fair
associations, amusement parks, or other organizations or groups of indi-
viduals  authorized  to possess and use fireworks or dangerous fireworks
under this act, or the sale or use of blank cartridges  for  a  show  or
theatre, or for signal purposes in athletic sports, or for dog trials or
dog training, or the use, or the storage, transportation or sale for use
of  fireworks  or  dangerous  fireworks  in  the  preparation  for or in
connection with television broadcasts; nor shall anything  in  this  act
contained  be  construed  to  prohibit  the  manufacture of fireworks or
dangerous fireworks, nor the sale of any kind of fireworks or  dangerous
fireworks,  provided  the  same  are  to  be shipped directly out of the
state.] EXCEPTIONS. (A) THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY
TO:
  (I)  FIREWORKS,  DANGEROUS FIREWORKS, AND DEVICES DEFINED IN PARAGRAPH
(C-1) OF SUBDIVISION ONE OF THIS SECTION WHILE IN  POSSESSION  OF  RAIL-
ROADS,  COMMON  OR  CONTRACT CARRIERS, RETAILERS, WHOLESALERS, DISTRIBU-
TORS, JOBBERS AND TRANSPORTATION COMPANIES  OR  TRANSPORTATION  AGENCIES
FOR THE PURPOSE OF TRANSPORTATION TO POINTS WITHOUT THE STATE, THE SHIP-
MENT  OF WHICH IS NOT PROHIBITED BY INTERSTATE COMMERCE COMMISSION REGU-
LATIONS AS FORMULATED AND PUBLISHED FROM TIME TO TIME,  UNLESS  THEY  BE
HELD VOLUNTARILY BY SUCH RAILROADS, COMMON OR CONTRACT CARRIERS, RETAIL-
ERS,  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 DEVICES DEFINED  IN  PARAGRAPH
(C-1)  OF  SUBDIVISION  ONE  OF  THIS SECTION FOR THE USE THEREOF BY THE
UNITED STATES MILITARY, AND DEPARTMENTS OF THE STATE AND FEDERAL GOVERN-
MENT;
  (V) THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, DANGEROUS  FIRE-
WORKS  AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS

S. 4529--D                          7

SECTION 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.
  (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  DEVICE  DEFINED  IN
PARAGRAPH  (C-1)  OF  SUBDIVISION ONE OF THIS SECTION 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,  TELE-
VISION  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  DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF
THIS SECTION IN  THE  PREPARATION  FOR  OR  IN  CONNECTION  WITH  MOTION
PICTURES,  TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTERTAINMENT MEDIA
RECORDED IN ANY CURRENT OR TO BE DEIGNED FORMAT WHEN SUCH USE, TRANSPOR-
TATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY THE LOCAL GOVERN-
MENTAL SUBDIVISION HAVING JURISDICTION; OR
  (IV) THE MANUFACTURE OR SALE OF DEVICES DEFINED IN PARAGRAPH (C-1)  OF
SUBDIVISION ONE OF THIS SECTION 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.
  S 2. Subdivision 5 of section 405.00 of the penal law  is  amended  to
read as follows:
  5. Local ordinances superseded. (A) All local ordinances regulating or
prohibiting  the  display  of  fireworks  are  hereby  superseded by the
provisions of this section. Every city, town or village shall  have  the
power  to  enact  ordinances or local laws regulating or prohibiting the
use, or the storage, transportation or sale for use of fireworks in  the
preparation for or in connection with television broadcasts.
  (B)  FURTHER,  NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL
ENACT A LOCAL LAW THAT IS INCONSISTENT WITH THE  PROVISIONS  OF  SECTION
270.00  OF  THIS  CHAPTER  NOR  TO REGULATE DEVICES DEFINED IN PARAGRAPH
(C-1) OF SUBDIVISION ONE OF SECTION 270.00 OF THIS CHAPTER  THAT  IS  IN
CONFLICT WITH THE PROVISIONS OF NFPA 1124, 2006 EDITION ONLY.
  S 3. This act shall take effect immediately.

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