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.