BILL NUMBER: S8460
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the penal law, in relation to including flare guns in
criminal possession of a weapon in the fourth degree
 
PURPOSE::
Includes flare guns in criminal possession of a weapon in the fourth
degree
 
SUMMARY OF SPECIFIC PROVISIONS::
Section 1 adds a new subdivision 37 to Section 265.00 of the Penal Law
to define "flare gun" as any handheld signaling device, Very pistol, or
signal pistol designed and purposed to fire a pyrotechnic flare, regard-
less of intended market use.
Section 2 amends Section 265.01(2) of the Penal Law to include "flare
gun" among the list of weapons that may not be possessed with unlawful
intent.
Section 3 sets the effective date.
 
JUSTIFICATION::
Although flare guns are primarily designed as emergency signaling
devices, especially in maritime contexts, they are capable of discharg-
ing intense pyrotechnic projectiles that can cause serious bodily inju-
ry, property damage, or death if misused. In recent years, flare guns
have been involved in a growing number of criminal incidents, including
use as improvised weapons or delivery mechanisms for incendiary devices,
leading to structure fires and other damage.
Unlike traditional firearms, flare guns are not subject to the same
sales restrictions or background check requirements, making them vulner-
able to misuse by individuals intending to cause harm. This legislation
does not prohibit the lawful possession of flare guns for their intended
emergency or recreational use, but ensures that the possession of such
devices with unlawful intent is treated equivalently to other dangerous
weapons under Penal Law § 265.01.
By explicitly including flare guns in the Penal Law's list of dangerous
weapons when possessed with intent to use unlawfully, this bill closes a
dangerous loophole and aligns New York's criminal weapons laws with
evolving patterns of misuse.
 
LEGISLATIVE HISTORY::
New Bill
 
FISCAL IMPLICATIONS::
None.
 
EFFECTIVE DATE::
This act shall take effect immediately.

Statutes affected:
S8460: 265.00 penal law, 265.01 penal law, 265.01(2) penal law