New York statute
N.Y. Penal Law § 405.05 — Seizure and destruction of fireworks
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 405: Licensing and Other Provisions Relating to Fireworks, New York Penal Law.
Full text of N.Y. Penal Law § 405.05
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
405.05 Seizure and destruction of fireworks.
Fireworks possessed unlawfully may be seized by any peace officer,
acting pursuant to his special duties, or police officer, who must
deliver the same to the magistrate before whom the person arrested is
required to be taken. The magistrate must, upon the examination of the
defendant, or if such examination is delayed or prevented, without
awaiting such examination, determine whether the fireworks had been
possessed by the defendant in violation of the provisions of section
270.00; and if he finds that the fireworks had been so possessed by the
defendant, he must cause such fireworks to be destroyed, in a way safe
for the particular type of such fireworks, or to be delivered to the
district attorney of the county in which the defendant is liable to
indictment or trial, as the interests of justice and public safety may,
in his opinion, require. Upon the conviction of the defendant, the
district attorney must cause to be destroyed, in a way safe for the
particular type of such fireworks, the fireworks in respect whereof the
defendant stands convicted, and which remain in the possession or under
the control of the district attorney.
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