What fireworks are legal and illegal in New York State?

As the summer season and the Independence Day holiday approaches, here's the 411 on what fireworks you're allowed to buy and use in Oneida and surrounding counties.

Sparkling Devices Only

The only fireworks you're legally permitted to set off without a permit or license in New York State are Sparkling Devices; ground-based or handheld devices that produce a shower of colored sparks and/or a colored flame, audible crackling or whistling noise, and smoke.

READ MORE: 4th Of July 2025 Fireworks Guide For Upstate New York

Beautiful sparklers in hands on black background
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When Can You Buy Fireworks

You can only buy Sparkling Devices during certain times of the year in New York State.

Certified permanent and specialty retailers can sell fireworks from June 1 to July 5 and December 26 to January 2.

Temporary stands or tents can only sell them from June 20 to July 5 and December 26 to January 2.

Sparkling devices are not legal all across the state.

Some counties have prohibited the sale and use - Albany, Bronx, Columbia, Kings, Nassau, New York, Orange (prohibited in the Cities of Middletown and Newburgh only), Queens, Richmond, Schenectady, Suffolk, Warren and Westchester.

READ MORE: 3 Important Tips to Know Before Launching Your Fireworks in NY

All other types of fireworks, including firecrackers, bottle rockets, Roman candles, spinners, aerial devices, and M-80s are still illegal statewide.

If you're caught with illegal fireworks in New York State it could cost you a $1,000.00 fine and up to one year in jail.

Photo Credit - NYS Police
Photo Credit - NYS Police
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Be Respectful of Neighbors & Dogs

The Utica Police Department asks residents to "please be respectful of your neighbors, as these devices can be dangerous and create a public nuisance. Also, keep in mindQA that pets can be traumatized by the noise from these explosive devices."

See the full list of places where you can legally buy fireworks/sparkling devices in New York state at dhses.ny.gov.

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