STATE OF NEW YORK
________________________________________________________________________
8460
2025-2026 Regular Sessions
IN SENATE
July 18, 2025
___________
Introduced by Sen. FAHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to including flare guns in
criminal possession of a weapon in the fourth degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.00 of the penal law is amended by adding a new
2 subdivision 37 to read as follows:
3 37. "Flare gun" means any handheld signaling device, Very pistol, or
4 signal pistol designed and purposed to fire a pyrotechnic flare, whether
5 single-shot or multi-shot, and whether marketed for maritime, emergency,
6 or recreational use.
7 § 2. Subdivision 2 of section 265.01 of the penal law as amended by
8 chapter 146 of the laws of 2019, is amended to read as follows:
9 (2) [He or she] Such person possesses any dagger, dangerous knife,
10 dirk, machete, razor, stiletto, imitation pistol, undetectable knife,
11 flare gun or any other dangerous or deadly instrument or weapon with
12 intent to use the same unlawfully against another; or
13 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13464-01-5
