Lockport Union-Sun & Journal Online

Local News

July 2, 2009

STATE: Troopers, firefighters warn of dangers of possessing fireworks

<i><b>SAFETY: </b>State law prohibits sale, possession of fireworks by civilians.</i>

The New York State Police and Firemen’s Association of the State of New York are reminding residents of the dangers and consequences of possessing illegal fireworks.

State troopers will be on the lookout for illegal fireworks this weekend, the agency said in a news release.

According to state fireworks law, “fireworks” are defined as anything including a ”blank cartridge, blank cartridge pistol or toy cannon in which explosives are used; firecrackers, sparklers, or other combustible or explosive of like construction.”

“Dangerous Fireworks” are defined by state law as “any fireworks capable of causing serious physical injury and which are: Firecrackers containing more than 50 milligrams of any explosive substance, torpedoes, skyrockets and rockets such as Roman candles, bombs, sparklers more than 10 inches in length or one-fourth of an inch in diameter, or chasers including all devices which dart or travel about the surface of the ground during discharge.”

The law does not prohibit railroad or marine flares, or toy devices that use paper caps containing 0.25 grains or less of explosive compound.

Under the law:

• Any person who possesses, uses, or explodes any fireworks or dangerous fireworks is guilty of a violation.

• Any person who offers, sells or furnishes fireworks or dangerous fireworks to another person is guilty of a Class B misdemeanor. When the value of the fireworks is $500 or more, the provider is guilty of a Class A misdemeanor.

• Any person who offers, sells or furnishes fireworks or dangerous fireworks to a person under age 18 is guilty of a Class A misdemeanor.

• Any person who has been convicted of a fireworks violation in the past five years and who offers, sells or furnishes fireworks to a person under age 18 is guilty of a Class E felony.

• If a person possesses fireworks or dangerous fireworks valued at $50 or more, troopers will presume the fireworks were meant to be offered for sale.

The state Firemen’s Association is urging families to learn more about fireworks and the laws governing them.

“Sparklers, bottle rockets and other fireworks should never be used at home,” FASNY President Thomas J. Cuff Jr. said in a news release. “Leave the fireworks to the professionals and attend a locally sponsored display in your neighborhood.”

According to the National Fire Protection Association, thousands of people — most often children and teens — are injured every year during the July 4 holiday while using consumer fireworks.

In 2006, fireworks caused an estimated 32,600 reported fires, according to NFPA statistics. These fires resulted in an estimated six deaths, 70 injuries and $34 million in property damage.

For more information, visit www.fasny.com.

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