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Albany County adopts local law to restrict sale and possession of flare guns, includes boating exception and sunset clause

November 21, 2025 | Albany County, New York


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Albany County adopts local law to restrict sale and possession of flare guns, includes boating exception and sunset clause
Albany County commissioners voted to adopt a local law that would restrict the sale and possession of flare guns in the county and treat them similarly to traditional firearms, a sponsor said during the meeting.

The measure, introduced as 'Local Law number j, 2025,' would amend chapter 161 of the Albany County Code to require that flare guns be purchased, possessed and used primarily by people 21 years of age or older. The prime sponsor described a personal review of a flare gun and said their intent was to address what they characterized as a public‑safety risk after incidents where homes caught fire. "It is a gun... the improper discharge poses really, you know, a risk to personal injury and, of course, we know property damage too," the sponsor said.

Board members asked whether a state law already covers the subject; staff said there is not yet a state restriction and that, if a state law later passes, the county law would contain a sunset clause. The sponsor also said staff had consulted with the district attorney's office about enforceability and noted a narrowly drawn exception intended "for people who need to use it under the age of 21 for, like, boating." Representatives also discussed that common national retailers (examples named in the discussion included Dick's and Walmart) currently sell flare guns and would be notified if the local law is enacted.

A motion to adopt the local law was made by Gil, seconded by Bobby, and approved on a voice vote with 'Aye' recorded and no opposition spoken on the audio.

Next steps: county staff will update enforcement guidance and notify affected retailers; the local law includes a sunset clause should the state later enact overlapping restrictions.

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Scribe from Workplace AI
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