Fireworks In The Yard
Penal Law § 270.00 — selling fireworks is a misdemeanor, using them a violation
In New York, offering, selling or furnishing fireworks or dangerous fireworks without a permit is a class B misdemeanor, and a class A misdemeanor when they are valued at five hundred dollars or more. Possessing, using or exploding fireworks is a violation.
Sparkling devices are carved out. The section's fireworks are other than sparkling devices: ground-based or hand-held devices that produce a shower of sparks, do not rise into the air, do not fire projectiles, and do not explode. Selling dangerous fireworks, fireworks or sparkling devices to anyone under the age of eighteen is a class A misdemeanor.
The presumption. Possessing fireworks or dangerous fireworks valued at one hundred fifty dollars or more is presumed to be possession with intent to sell.
| The assumption | What the law actually does |
|---|---|
| The assumptionSetting off fireworks is a crime | What the law actually doesPossessing, using or exploding them is a violation |
| The assumptionA large stash is for personal use | What the law actually doesOne hundred fifty dollars' worth or more is presumed intended for sale |
Local ordinances, homeowners' association rules, fire restrictions, and the licensing of sellers and display operators run alongside these sections and are not all on this page. Whether a particular device or a particular night is allowed where someone lives is a question for the local fire authority or a licensed New York attorney.
Sources for this section (1)
- Penal Law § 270.00 — Unlawfully dealing with fireworks and dangerous fireworks
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.