New York criminal charge
Unlawfully dealing with fireworks and dangerous fireworks in New York
Unlawfully dealing with fireworks and dangerous fireworks is a criminal offense under New York law, defined by N.Y. Penal Law § 270.00. Its classification is not fixed: New York assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.Y. Penal Law § 270.00.
What is the penalty for unlawfully dealing with fireworks and dangerous fireworks in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 3 months (Sale/offer of fireworks or dangerous fireworks (under $500) — Offering, exposing for sale, selling, or furnishing fireworks or dangerous fireworks valued under five hundred dollars.; definite sentence (PEN 70.15(2)); probation of 1 year available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $500 (Sale/offer of fireworks or dangerous fireworks (under $500) — Offering, exposing for sale, selling, or furnishing fireworks or dangerous fireworks valued under five hundred dollars.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 364 days (Sale/offer of fireworks or dangerous fireworks ($500 or more) — Offering, exposing for sale, selling, or furnishing fireworks or dangerous fireworks valued at five hundred dollars or more.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Sale/offer of fireworks or dangerous fireworks ($500 or more) — Offering, exposing for sale, selling, or furnishing fireworks or dangerous fireworks valued at five hundred dollars or more.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 364 days (Sale to a minor — Offering, exposing for sale, selling, or furnishing dangerous fireworks, fireworks, or sparkling devices to a person under eighteen years of age.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Sale to a minor — Offering, exposing for sale, selling, or furnishing dangerous fireworks, fireworks, or sparkling devices to a person under eighteen years of age.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 4 years (Repeat sale to a minor — A person previously convicted within the preceding five years of selling/furnishing fireworks to a minor who again offers, sells, or furnishes dangerous fireworks to a person under eighteen.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 1½–4 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Repeat sale to a minor — A person previously convicted within the preceding five years of selling/furnishing fireworks to a minor who again offers, sells, or furnishes dangerous fireworks to a person under eighteen.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 3 months (Sale of pistol/revolver ammunition to unauthorized person — A dealer in firearms sells ammunition designed exclusively for use in a pistol or revolver to a person not authorized to possess a pistol or revolver.; definite sentence (PEN 70.15(2)); probation of 1 year available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $500 (Sale of pistol/revolver ammunition to unauthorized person — A dealer in firearms sells ammunition designed exclusively for use in a pistol or revolver to a person not authorized to possess a pistol or revolver.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
Applies to current.
How is unlawfully dealing with fireworks and dangerous fireworks classified in New York?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sale/offer of fireworks or dangerous fireworks (under $500) | Class B Misdemeanor | Offering, exposing for sale, selling, or furnishing fireworks or dangerous fireworks valued under five hundred dollars. | N.Y. Penal Law § 270.00undefined |
| Sale/offer of fireworks or dangerous fireworks ($500 or more) | Class A Misdemeanor | Offering, exposing for sale, selling, or furnishing fireworks or dangerous fireworks valued at five hundred dollars or more. | N.Y. Penal Law § 270.00undefined |
| Sale to a minor | Class A Misdemeanor | Offering, exposing for sale, selling, or furnishing dangerous fireworks, fireworks, or sparkling devices to a person under eighteen years of age. | N.Y. Penal Law § 270.00undefined |
| Repeat sale to a minor | Class E Felony | A person previously convicted within the preceding five years of selling/furnishing fireworks to a minor who again offers, sells, or furnishes dangerous fireworks to a person under eighteen. | N.Y. Penal Law § 270.00undefined |
| Sale of pistol/revolver ammunition to unauthorized person | Class B Misdemeanor | A dealer in firearms sells ammunition designed exclusively for use in a pistol or revolver to a person not authorized to possess a pistol or revolver. | N.Y. Penal Law § 270.00undefined |
Common questions about unlawfully dealing with fireworks and dangerous fireworks in New York
How is unlawfully dealing with fireworks and dangerous fireworks classified in New York?
It depends on the circumstances: unlawfully dealing with fireworks and dangerous fireworks ranges from a Class B Misdemeanor to a Class E Felony in New York under N.Y. Penal Law § 270.00.
Sale/offer of fireworks or dangerous fireworks (under $500): Class B Misdemeanor (N.Y. Penal Law § 270.00) · Sale/offer of fireworks or dangerous fireworks ($500 or more): Class A Misdemeanor (N.Y. Penal Law § 270.00) · Sale to a minor: Class A Misdemeanor (N.Y. Penal Law § 270.00) · Repeat sale to a minor: Class E Felony (N.Y. Penal Law § 270.00) · Sale of pistol/revolver ammunition to unauthorized person: Class B Misdemeanor (N.Y. Penal Law § 270.00)
What are the penalties for unlawfully dealing with fireworks and dangerous fireworks in New York?
Penalties for unlawfully dealing with fireworks and dangerous fireworks in New York depend on how it is classified — from a Class B Misdemeanor up to a Class E Felony — with the ranges set by N.Y. Penal Law § 70.15 and N.Y. Penal Law § 70.00; the full table of ranges by variant is published on this page.
Which New York statute covers unlawfully dealing with fireworks and dangerous fireworks?
Unlawfully dealing with fireworks and dangerous fireworks is governed by N.Y. Penal Law § 270.00 (Unlawfully dealing with fireworks and dangerous fireworks).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.