New York A 8920: Relates to placing restrictions on the sale of flare guns

Bill Text

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A08920 Summary:

BILL NOA08920 

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SAME ASNo Same As

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SPONSORRomero

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COSPNSRMcDonald

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MLTSPNSR

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Add §§265.67 & 265.68, Pen L; add §399-qqq, Gen Bus L

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Establishes the crimes of criminal sale of a flare gun in the first and second degrees; sets restrictions on and requirements for the sale of flare guns.

Go to top A08920 Actions:

BILL NOA08920 

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07/16/2025referred to codes

01/07/2026referred to codes

Go to topA08920 Committee&nbspVotes:

Go to topA08920 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08920 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8920

 2025-2026 Regular Sessions

 IN ASSEMBLY

 July 16, 2025
 ___________

 Introduced by M. of A. ROMERO, McDONALD -- read once and referred to the
 Committee on Codes

 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

 A. 8920 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.

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