Unlawfully Dealing With Fireworks And Dangerous Fireworks: NY Penal Law § 270.00

by ECL Writer
Unlawfully Dealing With Fireworks And Dangerous Fireworks

Using fireworks can be quite risky. Fireworks are in fact explosives, even if they are stunning when they are launched into the sky on July 4th or other special occasions. They can be fatal if handled improperly. Because of this, New York has rigorous laws governing the purchase, ownership, and usage of pyrotechnics. You could face felony or misdemeanor charges if you break any of these restrictions. If you possess, detonate, sell, or provide fireworks, you could be prosecuted with dealing in fireworks illegally and providing harmful fireworks under New York Penal Code 270.00.

Sentence

Unlawful involvement with fireworks can result in various legal consequences, including a violation, class B misdemeanor, class A misdemeanor, or class E felony.

  • Possessing or detonating fireworks leads to a violation charge.
  • Selling or providing fireworks results in a class B misdemeanor charge.
  • Selling or providing fireworks valued at over $500 leads to a class A misdemeanor charge.
  • Selling or providing fireworks to individuals under 18 results in a class A misdemeanor charge.
  • If you sell or provide fireworks to individuals under 18 and have a prior conviction for this offense, you face a class E felony charge.


Penalties vary based on the offense. A class B misdemeanor carries a maximum jail term of 90 days, a class A misdemeanor up to 1 year in jail, and a class E felony up to 4 years in prison, potentially accompanied by fines. Violations, although not considered crimes, can result in up to 15 days in jail as a penalty.

Defenses

If you have permission as outlined in New York Penal Code 405, you would not be guilty of illegally dealing with fireworks and dangerous fireworks if you put on a public display of fireworks.

New York Penal Code § 270.00: Unlawfully Dealing With Fireworks And Dangerous Fireworks

  • 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;
    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.
  • 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.

Hiring A New York Lawyer For Unlawfully Dealing With Fireworks And Dangerous Fireworks Case

Hiring a New York lawyer for unlawfully dealing with fireworks and dangerous fireworks cases is essential for a strong defense. New York has strict laws regulating the possession, sale, and use of fireworks, and violations can lead to serious consequences. An experienced attorney can navigate the complex legal landscape, assess the evidence, and build a robust defense strategy. They may explore potential mitigating factors, challenge the prosecution’s case, and negotiate on your behalf. With a skilled lawyer by your side, you can seek to minimize penalties, such as fines or jail time, and protect your rights while facing allegations related to fireworks offenses in the state of New York.

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