Albany County Legislature Passes Local Law J to Curb Flare Gun Violence

Flare guns will be treated akin to traditional firearms in Albany County.

The Albany County Legislature passed Local Law J unanimously in the William J. Conboy II Legislative Chambers within the Albany County Courthouse on Tuesday. After a year with over a dozen violent incidents involving minors and flare guns, the new law codifies that flare guns must be primarily purchased, possessed, and used by those over 21 years old.

The law carves out exceptions for the purchase or use of flare guns on boats, for official military or government purposes, or for individuals under 21 participating in recognized and supervised training programs.

Anyone violating the new law could be charged with a misdemeanor punishable by a $500 fine for the first violation, and up to $1,000 for each subsequent violation.

Local Law J would give way to similar New York State legislation introduced this summer by State Senator Patricia Fahy and Assemblymembers John T. McDonald III, and Gabriella Romero, if it is passed.

The new law now goes to Albany County Executive Daniel P. McCoy for his signature and will relieve a related executive order he issued in October.

Review the law here: https://albanycounty.legistar.com/LegislationDetail.aspx?ID=7694186&GUID=086B974C-CDB4-4C35-BA2A-F3260870BE11

Albany County Legislature Chairwoman Joanne Cunningham said: "Flare guns aren't toys. As we have seen over the past year, these weapons can lead to tragedy and suffering, whether they are modified or not. This law is about respecting and accepting the responsibility that purchasing, owning, and using a flare gun brings with it."

Albany County Legislature Deputy Chairwoman Wanda Willingham said: "Flare guns, just as any firearm, are dangerous. Plain and simple. This local law demonstrates how serious the responsibility of owning and using a flare gun and, therefore, any firearm really is."

Albany County Democratic Majority Leader Dennis Feeney said: "This law addresses a clear public safety concern by setting appropriate standards for how flare guns are sold and possessed in Albany County. Over the past year, we saw how easily these devices could be accessed and misused, particularly by minors, and the risks that created for residents and property. Local Law J establishes a straightforward, enforceable framework that preserves legitimate uses while reducing opportunities for misuse. It is a responsible, measured step that reflects our commitment to protecting communities across the county."

Albany County Executive Daniel P. McCoy said: "The passage of this legislation marks an important next step in our ongoing commitment to public safety. In October, I issued an executive order raising the minimum age to purchase a flare gun, and today's action builds directly on that effort. Flare guns serve a legitimate purpose, but their misuse has created risks that our community should not have to tolerate. This law establishes clearer standards, supports responsible use, and takes practical action to reduce violence."