After a year with over a dozen incidents involving flare guns in the City of Albany alone, many involving minors, the Albany County Legislature acted Tuesday.
Local Law J, introduced during the body’s regular monthly meeting, codifies that flare guns will be treated akin to traditional firearms in Albany County and must be primarily purchased, possessed, and used by those over 21 years old.
The law is currently sponsored by the Legislature’s Chairwoman, Joanne Cunningham, and was referred to the Law and Public Safety Committees for review during November meetings.
According to City of Albany Police statistics, 13 flare gun incidents occurred from July 1, 2024, to July 7, 2025, with at least half involving a minor. Some involved flare guns modified to fire traditional ammunition, but even when unmodified, incidents can still be chaotic and violent. The most prominent one from the past year was part of an incident during the Fourth of July weekend, where a minor discharged a flare gun that sparked a fire and eventually burned down a building at 333 Madison Ave.
The new law does not prohibit 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.
The new law joins similar, but pending, New York State legislation introduced this summer by State Senator Patricia Fahy and Assemblymembers John T. McDonald III, and Gabriella Romero. It is also accompanied by a related executive order signed by Albany County Executive Daniel P. McCoy this morning.
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.”
These people are idiots.
