Is It Legal To Purchase or Possess Fireworks In New York State?

Are fireworks legal or illegal in New York State? Fireworks are both legal and illegal in New York. I know, not the simple answer you were looking for. Here's the breakdown.

It is legal to purchase, possess and even light certain fireworks in the Empire State but only in certain counties. Other places in the state and other types of fireworks are illegal to purchase, possess and ignite in New York. Confusing, right? The key is knowing the difference.

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According to the New York State Division of Homeland Security and Emergency Services, New York State law allows for the sale and use of a specific category of consumer fireworks known as Sparkling Devices. This DOES NOT include all of the state however.

Here are some of the counties that have prohibited the sale and use of Sparkling Devices: Albany, Bronx, Columbia, Kings, Nassau, New York, Queens, Richmond, Schenectady, Suffolk, Warren, and Westchester. See complete list HERE.

What exactly are sparkling devices? These are defined as ground based, handheld devices that produce a shower of colored sparks and or a colored flame, audible crackling or whistling noise and smoke.

The Clark Burn Center/SUNY Upstate states that each year approximately 10,000 people around the country are treated for burn injuries related to fireworks. Sparklers can reach temperatures of 2000 degrees and can cause painful, lifelong injuries.

Anyone intending to sell sparkling devices in New York State or otherwise sell, ship, or assign for sale its products into New York State are required to apply for a certification with the Office of Fire Prevention and Control.