About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2010 NY Att'y Gen. Rep. & Op. 1001 (2010)

handle is hein.nyattgen/nysag0131 and id is 1 raw text is: OPINIONS OF THE NEW YORK STATE ATTORNEY GENERAL Opn. No. I 2010-1 Penal Law §§ 270.00, 270.00(2), 405.00, 405.00(1), 405.00(2), 405.00(2)(g), 405.00(3), 405.00(4), 405.00(5) The Town's permit authority is authorized, pursuant to state law, to issue permits for the private display of fireworks in response to qualified applications. You have requested an opinion as to whether the Town of Glenville (the Town) may issue permits for private fireworks displays. You have made this request because the Town currently has a local law relating to the issuing of fireworks permits that has not been amended since the state law governing fireworks permits was amended in 2009. As explained below, we believe that the Town's permit authority is authorized, pursuant to state law, to issue permits for the private display of fireworks in response to qualified applications. Penal Law § 270.00 prohibits a person from offering or exposing for sale, selling, or furnishing any fireworks, and from possessing, using, exploding, or causing to explode any fireworks. Penal Law § 270.00(2). A person does not commit an offense proscribed by section 270.00 if he or she obtains a permit pursuant to Penal Law § 405.00. Penal Law § 270.00(2). AG 8-31-10 1001