ARE FIREWORKS LEGAL IN NEW YORK?
Fireworks are restricted in New York.
Consumer fireworks are restricted in New York. Only sparklers and ground-based novelties are legal in most areas. Some counties permit additional types.
📅 WHEN CAN YOU USE FIREWORKS?
Jan 1 – Dec 31 in counties/cities that have NOT opted out
No state time limit
New York is one of the most restrictive states. Only 'sparkling devices' (ground-based, handheld sparkling/smoke items) are legal for consumer use, and ONLY in jurisdictions that have not opted out. Multiple counties have banned even sparkling devices, including all five NYC boroughs (Bronx, Kings, New York, Queens, Richmond), Nassau, Suffolk, Albany, Columbia, Schenectady, Warren, and Westchester. All consumer fireworks beyond sparkling devices are completely banned statewide. There are no seasonal use windows — what's legal is legal year-round where not locally banned.
🎆 WHAT'S LEGAL IN NEW YORK?
Bottle rockets, Roman candles, mortars, aerial shells, 500g cakes
Classified as 'dangerous fireworks' — felony or misdemeanor depending on circumstances (Penal Law § 270.00)
Fountains, cones, wheels, ground spinners (up to 500g)
Legal as 'sparkling devices' ONLY in counties that have not opted out; banned in NYC and 12+ counties
Sparklers, smoke bombs, snaps, poppers, snakes
Sparklers >10" or >1/4" diameter are 'dangerous fireworks' in cities over 1M population (NYC). Snaps, poppers, caps are exempt statewide.
Firecrackers, strings
Classified as 'dangerous fireworks' under Penal Law § 270.00(1)(b)
Spinning aerial devices
All aerial devices banned as 'dangerous fireworks'
Any DIY, altered, or reloaded fireworks
Illegal — falls under both fireworks and explosives laws; potential felony charges
📋 KEY RULES
18 for sparkling devices (Penal Law § 270.00(2)(a)(iv))
18 for sparkling devices
Outdoors only; sparkling devices in counties that have not banned them
Anywhere in NYC; in any of the 12+ counties that have opted out; any public area without a permit
Only from certified permanent retail locations; storage per NFPA 1124 (2006 ed.)
Caps (<0.25 grains), flares, marine distress signals, and blank cartridges are exempt statewide
⚖️ PENALTIES
Possession or use of any fireworks/dangerous fireworks
Violation (Penal Law § 270.00(2)(a)(iii)) — fine up to $250
Sale or furnishing of fireworks
Class B misdemeanor — up to 3 months jail and/or $500 fine
Sale of fireworks valued at $500+
Class A misdemeanor — up to 1 year jail and/or $1,000 fine
Sale of fireworks/sparkling devices to person under 18
Class A misdemeanor — up to 1 year jail and/or $1,000 fine
Repeat sale to minor within 5 years
Class E felony — up to 4 years imprisonment