New York Senate Bill S08460

New York 2025-2026 Regular Session

• Introduced: 7/18/25
• Refer: 7/18/25
• Refer: 1/7/26

Caption

Adds possessing a flare gun with intent to use it unlawfully against another to the crime of criminal possession of a weapon in the fourth degree.

Summary

S08460 amends New York’s Penal Law to expressly include flare guns in the offense of criminal possession of a weapon in the fourth degree when a person possesses one with intent to use it unlawfully against another. The bill defines “flare gun” broadly to cover handheld signaling devices, very pistols, and signal pistols designed to fire pyrotechnic flares, whether single-shot or multi-shot and whether used for maritime, emergency, or recreational purposes. The measure does not ban flare guns outright or change rules for lawful possession generally; instead, it adds flare guns to an existing list of weapons and dangerous instruments that can support a criminal charge when coupled with unlawful intent. It takes effect immediately upon enactment.

Impact

The bill would amend Penal Law section 265.00 by adding a new statutory definition of “flare gun” and would amend Penal Law section 265.01 to include flare guns among the items that can form the basis of fourth-degree criminal possession of a weapon when possessed with intent to use unlawfully against another. This would give law enforcement and prosecutors an explicit statutory basis to charge misuse of flare guns under the same framework used for daggers, dirks, imitation pistols, and other dangerous weapons. The practical effect is to expand the reach of existing weapons-possession law to cover flare guns in assaultive or threatening contexts, while leaving ordinary lawful uses untouched.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a targeted public-safety and weapons-enforcement bill rather than a broad gun-control proposal. The sponsor’s approach suggests an intent to close a perceived loophole by treating flare guns as potential weapons when used unlawfully. With no transcript or vote history available, there is no documented opposition or support in the provided materials, but the drafting indicates a narrow, enforcement-oriented consensus style proposal.

Contention

The main point of potential contention is whether flare guns should be treated like conventional weapons in criminal law, given that they are also commonly used for maritime signaling, emergencies, and recreation. Supporters are likely to argue that the bill is necessary because flare guns can be used as dangerous projectiles or intimidation devices and should be covered when possessed with criminal intent. Critics could argue that the definition is broad and may sweep in benign, safety-related equipment, though the bill’s intent requirement limits its application to unlawful conduct. No specific stakeholders or objections are identified in the available record.