WGRZ is reporting that Erie County District Attorney John Flynn, is warning the public that charges will be filed against anyone who sets off illegal fireworks.  Does it matter if you're fireworks are legal or illegal...I don't know the answer to that question, but I would imagine that a Judge is not going to receive that very well as an excuse.

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The WGRZ article claims that police departments across New York State have been receiving complaints about fireworks going off late at night.  The WGRZ report also says that District Attorney Flynn has deemed that personal fireworks are dangerous and disturbing.  He said they also have a negative impact on pets, property, and people challenged with Post Traumatic Stress Disorder (PTSD).  Ultimately, DA Flynn said that the fireworks are Illegal, according to the WGRZ report.

According to Homeland Security and Emergency Services Division of New York State:

New York State Law allows for the sale and use of a specific category of consumer fireworks known as Sparkling DevicesSparkling Devices are ground based or handheld devices that produce a shower of colored sparks and or a colored flame, audible crackling or whistling noise and smoke. The law limits the type, size and construction of Sparkling Devices and requires that these devices must be hand held or mounted on a base or spike and be limited in sizes that range from 1 to 500 grams of pyrotechnic composition.

Here are the charges you could face if you're caught using illegal fireworks, according to the WGRZ news report:  

  • Sale of illegal fireworks - Class B misdemeanor
    • Possession is considered a violation
  • Disorderly conduct - Violation
  • Reckless endangerment in the second degree - Class A misdemeanor
  • Unreasonable noise, which violates the city ordinances