S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8920
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 16, 2025
                                ___________
 
 Introduced by M. of A. ROMERO, McDONALD -- read once and referred to the
   Committee on Codes
 
 AN  ACT to amend the penal law and the general business law, in relation
   to placing restrictions on the sale of flare guns
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The penal law is amended by adding two new sections 265.67
 and 265.68 to read as follows:
 § 265.67 CRIMINAL SALE OF A FLARE GUN IN THE SECOND DEGREE.
   ANY PERSON, FIRM, CORPORATION, DEALER,  OR  OTHER  ENTITY  WHO  SELLS,
 OFFERS  FOR  SALE,  OR  GIVES A FLARE GUN TO ANY PERSON UNDER THE AGE OF
 TWENTY-ONE SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A  FINE  OF  NOT
 MORE THAN FIVE HUNDRED DOLLARS. THIS SECTION SHALL NOT APPLY TO SALES OR
 TRANSFERS TO:
   1. LAW ENFORCEMENT AGENCIES;
   2.  MEMBERS OF THE ARMED FORCES OR OTHER GOVERNMENTAL PERSONNEL ACTING
 WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES; OR
   3. PERSONS UNDER TWENTY-ONE YEARS OF AGE PARTICIPATING IN A SUPERVISED
 TRAINING PROGRAM APPROVED BY THE COMMISSIONER OF PARKS,  RECREATION  AND
 HISTORIC PRESERVATION OR THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
 SERVICES.
 § 265.68 CRIMINAL SALE OF A FLARE GUN IN THE FIRST DEGREE.
   ANY  PERSON,  FIRM,  CORPORATION, DEALER, OR OTHER ENTITY IS GUILTY OF
 CRIMINAL SALE OF A FLARE GUN IN THE FIRST DEGREE WHEN SUCH PERSON, FIRM,
 CORPORATION, DEALER, OR OTHER ENTITY SELLS, OFFERS FOR SALE, OR GIVES  A
 FLARE  GUN  TO ANY PERSON UNDER THE AGE OF TWENTY-ONE AND HAS A PREVIOUS
 CONVICTION FOR CRIMINAL SALE OF A FLARE GUN IN THE SECOND DEGREE.
   CRIMINAL SALE OF A FLARE GUN IN THE FIRST DEGREE IS A CLASS  A  MISDE-
 MEANOR.
   §  2. The general business law is amended by adding a new section 399-
 qqq to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13467-01-5
              

 A. 8920                             2
 
   § 399-QQQ. SALE OF FLARE GUNS; AGE RESTRICTION. 1.  NO  PERSON,  FIRM,
 CORPORATION,  OR  OTHER  BUSINESS  ENTITY SHALL SELL, OFFER FOR SALE, OR
 DISTRIBUTE ANY FLARE GUN TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
   2. PRIOR TO THE COMPLETION OF ANY SALE OR TRANSFER OF A FLARE GUN, THE
 SELLER  SHALL REQUIRE THE PURCHASER TO PRESENT A VALID GOVERNMENT-ISSUED
 PHOTO IDENTIFICATION VERIFYING THAT THE PURCHASER IS TWENTY-ONE YEARS OF
 AGE OR OLDER.
   3. FOR THE PURPOSES OF THIS SECTION, "FLARE GUN"  MEANS  ANY  HANDHELD
 SIGNALING DEVICE, VERY PISTOL, OR SIGNAL PISTOL DESIGNED AND PURPOSED TO
 FIRE A PYROTECHNIC FLARE, WHETHER SINGLE-SHOT OR MULTI-SHOT, AND WHETHER
 MARKETED FOR MARITIME, EMERGENCY, OR RECREATIONAL USE.
   4. THIS SECTION SHALL NOT APPLY TO SALES OR TRANSFERS TO:
   (A) LAW ENFORCEMENT AGENCIES;
   (B) MEMBERS OF THE ARMED FORCES OR OTHER GOVERNMENTAL PERSONNEL ACTING
 WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES; OR
   (C)  PERSONS  UNDER  TWENTY-ONE YEARS OF AGE PARTICIPATING IN A SUPER-
 VISED TRAINING PROGRAM APPROVED BY THE COMMISSIONER OF PARKS, RECREATION
 AND HISTORIC PRESERVATION OR THE DIVISION OF HOMELAND SECURITY AND EMER-
 GENCY SERVICES.
   5. ANY PERSON, FIRM, OR CORPORATION WHO  VIOLATES  THE  PROVISIONS  OF
 THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOU-
 SAND DOLLARS.
   § 3. This act shall take effect immediately.