New York S 8455: Relates to placing restrictions on the sale of flare guns

Bill Text

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S08455 Summary:

BILL NOS08455B

&nbsp

SAME ASNo Same As

&nbsp

SPONSORFAHY

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COSPNSR

&nbsp

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 S08455 Actions:

BILL NOS08455B

&nbsp

07/11/2025REFERRED TO RULES

01/07/2026REFERRED TO CODES

05/12/2026AMEND AND RECOMMIT TO CODES

05/12/2026PRINT NUMBER 8455A

05/22/2026AMEND AND RECOMMIT TO CODES

05/22/2026PRINT NUMBER 8455B

06/01/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/01/2026ORDERED TO THIRD READING CAL.1478

06/01/2026PASSED SENATE

06/01/2026DELIVERED TO ASSEMBLY

06/01/2026referred to codes

Go to topS08455 Committee&nbspVotes:

Go to topS08455 Floor&nbspVotes:

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

Go to topS08455 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8455--B

 2025-2026 Regular Sessions

 IN SENATE

 July 11, 2025
 ___________

 Introduced by Sen. FAHY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Rules -- recommitted to
 the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee

 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 A person, firm, corporation, dealer, or other entity is guilty of
 5 criminal sale of a flare gun in the second degree when such person,
 6 firm, corporation, dealer, or other entity sells, offers for sale, or
 7 gives a flare gun to any person under the age of seventeen. This section
 8 shall not apply to sales or 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 seventeen 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 Criminal sale of a flare gun in the second degree is a class A misde-
 17 meanor.
 18 § 265.68 Criminal sale of a flare gun in the first degree.
 19 Any person, firm, corporation, dealer, or other entity is guilty of
 20 criminal sale of a flare gun in the first degree when such person, firm,
 21 corporation, dealer, or other entity sells, offers for sale, or gives a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13467-06-6

 S. 8455--B 2

 1 flare gun to any person under the age of seventeen and has a previous
 2 conviction for criminal sale of a flare gun in the second degree occur-
 3 ring within the past two years.
 4 Criminal sale of a flare gun in the first degree is a class E felony.
 5 § 2. The general business law is amended by adding a new section 399-
 6 qqq to read as follows:
 7 § 399-qqq. Sale of flare guns; age restriction. 1. No person, firm,
 8 corporation, or other business entity shall sell, offer for sale, or
 9 distribute any flare gun to a person under the age of seventeen years.
 10 2. Prior to the completion of any sale or transfer of a flare gun, the
 11 seller shall require the purchaser to present a valid government-issued
 12 photo identification verifying that the purchaser is seventeen years of
 13 age or older.
 14 3. For the purposes of this section, "flare gun" means any handheld
 15 signaling device, Very pistol, or signal pistol designed and purposed to
 16 fire a pyrotechnic flare, whether single-shot or multi-shot, and whether
 17 marketed for maritime, emergency, or recreational use.
 18 4. This section shall not apply to sales or transfers to:
 19 (a) law enf