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.
Summary
A08920 would create new restrictions on the sale, offer for sale, or distribution of flare guns in New York. The bill makes it unlawful for any person or business to sell or give a flare gun to anyone under 21, and it requires sellers to verify the purchaser’s age with valid government-issued photo identification before completing a sale. The measure defines flare gun broadly to include handheld signaling devices, very pistols, and signal pistols designed to fire pyrotechnic flares, whether used for maritime, emergency, or recreational purposes.
The bill also adds criminal penalties to the Penal Law. A first violation of the age-based sale restriction would be a violation punishable by a fine of up to $500, while a second offense after a prior conviction would be a class A misdemeanor. In addition, the General Business Law provision would impose a civil penalty of up to $1,000 for violations of the sale restriction. The bill includes exceptions for law enforcement agencies, armed forces or other governmental personnel acting in the scope of official duties, and minors participating in approved supervised training programs.
Impact
If enacted, the bill would amend both the Penal Law and the General Business Law to regulate flare gun sales statewide. It would create two new criminal offenses for unlawful sales to persons under 21 and impose a separate civil enforcement mechanism on sellers, dealers, and other business entities. The practical effect would be to place flare guns under an age-restricted sales regime similar to other regulated safety or weapon-related products, affecting retailers, distributors, and individual sellers as well as purchasers under 21.
Sentiment
No committee transcript or vote record is available, so there is no documented debate or recorded legislative sentiment in the provided materials. Based on the bill text alone, the measure appears to be framed as a public safety restriction aimed at limiting youth access to flare guns while preserving access for law enforcement, military personnel, and supervised training programs.
Contention
The main potential point of contention is the scope of the restriction: the bill applies to all flare guns, including those marketed for maritime, emergency, and recreational use, which could raise concerns from retailers, boating interests, and consumers who view flare guns as safety equipment rather than weapons. Another possible issue is the age threshold of 21 and the requirement for government-issued photo identification, which may be seen as burdensome by sellers or as an overbroad restriction by opponents. Supporters would likely emphasize the safety rationale and the limited exceptions for official use and supervised training.
Same As
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.