Legislation has been introduced the state House and Senate (A.8920/S.8455) that would amend the state Penal Law and the state General Business Law to add the criminal offenses of first- and second-degree criminal sale of a flare gun as well as prohibiting the sale or distribution of flare guns to those under the age of 21 and requiring photo ID to purchase flare guns.

The bill is sponsored by Assemblywoman Gabriella Romero, D-Albany, and Sen. Patricia Fahy, D-Amsterdam.

“Flare guns were never designed to be weapons, but they are now being weaponized and used to inflict destruction, panic, and pain within our communities, including right here in the Capital Region with the outrageous and unacceptable violence we saw over the Fourth of July weekend,” Fahy said. “These bills ensures that we treat flare guns as what they have become in many dangerous cases: weapons capable of real harm. As flare gun use continues to increase here locally, this legislation sends a clear message that New York State will take strong, unequivocal action when it comes to the criminal misuse of flare guns in our communities across the Capital Region.”

Fahy said one such incident took place in Albany, where a flare gun was fired during Fourth of July celebrations and ignited a fire that destroyed two buildings on Madison Avenue. In May, Albany County Sheriff’s deputies arrested an 18-year-old in possession of a flare gun modified to discharge live ammunition. Law enforcement and state, county, and local public safety officials continue to warn of a troubling trend involving teenagers and young adults using flare guns in assaults, robberies, and other crimes.

Assemblywoman Gabriella Romero, D-Albany, is pictured during a news conference in April in Albany.

There was also an incident in July in which five minors were charged following an assault on employees at a Subway restaurant in Albany. One of the youths allegedly fired a flare gun . That 12-year-old was charged with criminal possession of a weapon, reckless endangerment and assault.

“The events in Albany on July 4th make clear the dangers of flare guns,” Albany County District Attorney Lee Kindlon said. “We’ve seen the damage a flare gun has when fired at property. Imagine what could have happened if the flare hit an innocent person. My office will work with Senator Fahy to bring these bills to a vote.”

Under current law, flare guns are not regulated with the same seriousness as firearms or other potentially dangerous devices, and there are no age-based restrictions on their purchase. Flare guns were once considered firearms in New York state, but the law was changed several years ago.

“Flare guns are intended solely for emergency signaling and are not designed for use as weapons. The recent tragedies in Albany over the past weekend underscores the urgent need for more precise and comprehensive protections from irresponsible usage of firearms,” Romero said. “Enhancing efforts to implement additional safety measures through these critical pieces of legislation is essential not only for the protection of Albany residents but also for the broader safety of communities throughout New York State.”