NY Penal Law § 270.00: Unlawfully dealing with fireworks and dangerous fireworks

Fireworks can be quite dangerous. Although they are beautiful when expert technicians set them off in the sky on the 4th of July or on other special occasions, fireworks are indeed explosives. If mishandled they can be deadly. For this reason New York has strict rules concerning the sale, possession and use of fireworks. If you violate any of these rules you could be charged with a felony or misdemeanor. Under New York Penal Code § 270.00 you will be charged with unlawfully dealing with fireworks and dangerous fireworks if you possess, explode, sell or furnish fireworks.

Fred just returned from a visit to his cousin's home in the rural area of the south. While there he loaded up on several different types of fireworks that were not available in New York. He let his friends know that he would be in a nearby park that night to sell them. Seven of his friends showed up and purchased several boxes of fireworks. Fred could be charged with unlawfully dealing with fireworks and dangerous fireworks in violation of New York Penal Code § 270.00.

1. Reckless endangerment in the second degree: N.Y. Pen. Law § 120.20
2. Unpermitted use of indoor pyrotechnics in the second degree: New York Penal Code § 405.12

If you put on a public display of fireworks you would not be guilty of unlawfully dealing with fireworks and dangerous fireworks if you have a permit as described in New York Penal Code § 405.

Unlawfully dealing with fireworks can be a violation, class B misdemeanor, class A misdemeanor, or class E felony.

• If you possess or explode fireworks you will be charged with a violation.
• If you sell or furnish fireworks, you will be charged with a class B misdemeanor
• If you sell or furnish fireworks with a value of over $500, you will be charged with a class A misdemeanor
• If you sell or furnish fireworks to anyone under the age of 18, you will be charged with a class A misdemeanor.
• If you sell or furnish fireworks to anyone under the age of 18 and you have been previously convicted of this offense, you will be charged with a class E felony.

The sentence for a class B misdemeanor is up to 90 days in jail, for a class A misdemeanor is up to 1 year in jail, and for a class E felony is up to 4 years in prison. You may also be required to pay a fine. For a violation the penalty is up to 15 days in jail. A violation is not a crime.

1. Except as herein otherwise provided, or except where a permit is obtained pursuant to § 405.00;
   1. any person who shall offer or expose for sale, sell or furnish, any fireworks or dangerous fireworks is guilty of a class B misdemeanor;
   2. any person who shall offer or expose for sale, sell or furnish any fireworks or dangerous fireworks valued at five hundred dollars or more shall be guilty of a class A misdemeanor;
2. 1. Except as herein otherwise stated, or except where a permit is obtained pursuant to § 405.00, any person who shall possess, use, explode or cause to explode any fireworks or dangerous fireworks is guilty of a violation.
   2. A person who shall offer or expose for sale, sell or furnish, any dangerous fireworks to any person who is under the age of eighteen is guilty of a class A misdemeanor.
   3. A person who has previously been convicted of a violation of subparagraph (ii) of this paragraph within the preceding five years and who shall offer or expose for sale, sell or furnish, any dangerous fireworks to any person who is under the age of eighteen, shall be guilty of a class E felony.
3. Possession of fireworks or dangerous fireworks valued at fifty dollars or more shall be a presumption that such fireworks were intended to be offered or exposed for sale.

If you are charged with unlawfully dealing with fireworks it is important that you are represented by someone who has experience. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with felonies and misdemeanors in violation of New York state law and federal law. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.