NY State Senate Bill 2025-S8455

Current Bill Status - In Senate Committee Rules Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 11, 2025	referred to rules

2025-S8455 (ACTIVE) - Details

See Assembly Version of this Bill:: A8920
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §§265.67 & 265.68, Pen L; add §399-qqq, Gen Bus L

2025-S8455 (ACTIVE) - Summary

Establishes the crimes of criminal sale of a flare gun in the first and second degrees; sets restrictions on and requirements for the sale of flare guns.

2025-S8455 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8455

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the penal law and the general business law, in relation
to placing restrictions on the sale of flare guns

 
PURPOSE:

Relates to placing restrictions on the sale of flare guns

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds new sections § 265.67 and § 265.68 to the Penal Law,
creating the offenses of Criminal Sale of a Flare Gun in the First
Degree and Criminal Sale of a Flare Gun in the Second Degree

Section 2 adds a new § 399-qq to the General Business Law, prohibiting
the sale or distribution of flare guns to individuals under 21; requir-
ing age verification through government-issued photo identification;
providing exemptions and setting penalties.

Section 3 sets the effective date.

 
JUSTIFICATION:

Flare guns are designed for emergency signaling, particularly in mari-
time settings. However, their ability to discharge high-heat pyrotechnic
projectiles creates a serious risk when used irresponsibly. Recent inci-
dents involving the misuse of flare guns as weapons, particularly by or
against young people, demonstrate the need for stricter oversight of
their sale.

Under current law, flare guns are not regulated with the same serious-
ness as firearms or other potentially dangerous devices, and there are
no age-based restrictions on their purchase. This bill addresses that
gap by prohibiting their sale to individuals under 21, consistent with
age limits now commonly applied to firearms, tobacco, and similar regu-
lated products.

The legislation balances safety concerns with legitimate uses by includ-
ing reasonable exemptions for law enforcement, military, and supervised
training programs. It establishes both criminal and civil penalties to
ensure meaningful enforcement without over-penalizing first-time offen-
ders.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8455 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8455
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               July 11, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 8455                             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.

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Senate Bill S8455

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

2025-S8455 (ACTIVE) - Details

2025-S8455 (ACTIVE) - Summary

2025-S8455 (ACTIVE) - Sponsor Memo

2025-S8455 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8455

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Sponsored By

Patricia Fahy

Current Bill Status - In Senate Committee Rules Committee

2025-S8455 (ACTIVE) - Details

2025-S8455 (ACTIVE) - Summary

2025-S8455 (ACTIVE) - Sponsor Memo

2025-S8455 (ACTIVE) - Bill Text download pdf

Comments