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S T A T E O F N E W Y O R K
________________________________________________________________________
8455
2025-2026 Regular Sessions
I N S E N A T E
July 11, 2025
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Introduced by Sen. FAHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law and the general business law, in relation
to placing restrictions on the sale of flare guns
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The penal law is amended by adding two new sections 265.67
2 and 265.68 to read as follows:
3 § 265.67 CRIMINAL SALE OF A FLARE GUN IN THE SECOND DEGREE.
4 ANY PERSON, FIRM, CORPORATION, DEALER, OR OTHER ENTITY WHO SELLS,
5 OFFERS FOR SALE, OR GIVES A FLARE GUN TO ANY PERSON UNDER THE AGE OF
6 TWENTY-ONE SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF NOT
7 MORE THAN FIVE HUNDRED DOLLARS. THIS SECTION SHALL NOT APPLY TO SALES OR
8 TRANSFERS TO:
9 1. LAW ENFORCEMENT AGENCIES;
10 2. MEMBERS OF THE ARMED FORCES OR OTHER GOVERNMENTAL PERSONNEL ACTING
11 WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES; OR
12 3. PERSONS UNDER TWENTY-ONE YEARS OF AGE PARTICIPATING IN A SUPERVISED
13 TRAINING PROGRAM APPROVED BY THE COMMISSIONER OF PARKS, RECREATION AND
14 HISTORIC PRESERVATION OR THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
15 SERVICES.
16 § 265.68 CRIMINAL SALE OF A FLARE GUN IN THE FIRST DEGREE.
17 ANY PERSON, FIRM, CORPORATION, DEALER, OR OTHER ENTITY IS GUILTY OF
18 CRIMINAL SALE OF A FLARE GUN IN THE FIRST DEGREE WHEN SUCH PERSON, FIRM,
19 CORPORATION, DEALER, OR OTHER ENTITY SELLS, OFFERS FOR SALE, OR GIVES A
20 FLARE GUN TO ANY PERSON UNDER THE AGE OF TWENTY-ONE AND HAS A PREVIOUS
21 CONVICTION FOR CRIMINAL SALE OF A FLARE GUN IN THE SECOND DEGREE.
22 CRIMINAL SALE OF A FLARE GUN IN THE FIRST DEGREE IS A CLASS A MISDE-
23 MEANOR.
24 § 2. The general business law is amended by adding a new section 399-
25 qqq to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13467-01-5
S. 8455 2
1 § 399-QQQ. SALE OF FLARE GUNS; AGE RESTRICTION. 1. NO PERSON, FIRM,
2 CORPORATION, OR OTHER BUSINESS ENTITY SHALL SELL, OFFER FOR SALE, OR
3 DISTRIBUTE ANY FLARE GUN TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
4 2. PRIOR TO THE COMPLETION OF ANY SALE OR TRANSFER OF A FLARE GUN, THE
5 SELLER SHALL REQUIRE THE PURCHASER TO PRESENT A VALID GOVERNMENT-ISSUED
6 PHOTO IDENTIFICATION VERIFYING THAT THE PURCHASER IS TWENTY-ONE YEARS OF
7 AGE OR OLDER.
8 3. FOR THE PURPOSES OF THIS SECTION, "FLARE GUN" MEANS ANY HANDHELD
9 SIGNALING DEVICE, VERY PISTOL, OR SIGNAL PISTOL DESIGNED AND PURPOSED TO
10 FIRE A PYROTECHNIC FLARE, WHETHER SINGLE-SHOT OR MULTI-SHOT, AND WHETHER
11 MARKETED FOR MARITIME, EMERGENCY, OR RECREATIONAL USE.
12 4. THIS SECTION SHALL NOT APPLY TO SALES OR TRANSFERS TO:
13 (A) LAW ENFORCEMENT AGENCIES;
14 (B) MEMBERS OF THE ARMED FORCES OR OTHER GOVERNMENTAL PERSONNEL ACTING
15 WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES; OR
16 (C) PERSONS UNDER TWENTY-ONE YEARS OF AGE PARTICIPATING IN A SUPER-
17 VISED TRAINING PROGRAM APPROVED BY THE COMMISSIONER OF PARKS, RECREATION
18 AND HISTORIC PRESERVATION OR THE DIVISION OF HOMELAND SECURITY AND EMER-
19 GENCY SERVICES.
20 5. ANY PERSON, FIRM, OR CORPORATION WHO VIOLATES THE PROVISIONS OF
21 THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOU-
22 SAND DOLLARS.
23 § 3. This act shall take effect immediately.