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Verify: Are fireworks legal in WNY in 2018?

Firework laws have been confusing, to say the least, for Western New Yorkers. In 2017, three counties banned the sale and use of fireworks. But if those same counties are selling fireworks in 2018, does that mean they're legal this year?

For 2018, it looks like it doesn't matter where you live in Western New York: you can light your own personal fireworks this year.

Well, at least you can light some of them.

DATABASE: Here is where you can buy small fireworks in New York State

There are still plenty of fireworks illegal in New York State: firecrackers, roman candles, and bottle rockets, to name a few. If it makes a loud sound like an explosion or a shrill shriek--also known as a sound “percussion”—or if it launches some kind of projectile into the air, it’s still off-limits.

But “sparkling devices,” which shoot off colored sparks, flames, smoke, and maybe a slight whistle—are perfectly fine, according to the state.

It’s no guarantee they’ll be fine county to county, though, as evidenced by the 2017 holiday, when Erie, Orleans and Genesee counties banned the purchase and use of fireworks.

The reason being, State Police say, each county has the option to “opt in” to a rule that would make it illegal for that year specifically, between mid-June and July 5th.

This year, though, none of the eight counties have opted in to the ban.

That means “sparkling devices” are good to go, so long as you practice some added, common sense safety.

"These are little fireworks, but they can do huge damages. 2000 degrees Fahrenheit, they burn at... And you're talking 3rd degree burns if something were to happen,” said Brian Redman with the New York State Police Bomb Disposal Unit. “Eye protection is very important. We want to make sure you protect your eyes. If you are going to use [fireworks], use common sense."

Burns are one of the most frequent calls police receive each 4th of July, and even something as seemingly innocent as sparklers can be dangerous if handled improperly.

And even if you’re choosing to see one of Western New York’s big fireworks displays, State Police have advice to keep yourself safe at these very popular and well-attended events.

“If you’re going to a park, or an area where they’re going to light off professional fireworks, you’re talking thousands of people. Take your time, do not be in a hurry,” said James O’Callaghan, Public Information Officer for New York State Police. “If you’re not paying attention, you or your family member could be struck by a vehicle. So we caution drivers, not only to be diligent while they’re driving to be looking for people walking to their cars, but as someone walking be aware of your surroundings and your children.”

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