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Albany County approves local law to restrict sale and possession of flare guns
Summary
The county approved Local Law J (2025), amending chapter 161 of the Albany County Code to restrict sale and possession of flare guns, generally limiting purchase and possession to people 21 and older with a boating exception; officials said they worked with the district attorney's office on enforceability and included a sunset if state law intervenes.
The board considered and approved a local law aimed at restricting the sale and possession of flare guns in Albany County.
An unidentified presenter described seeing a flare gun that afternoon and said it was "a gun," adding that in incidents on Madison Avenue and elsewhere improper discharge had caused houses to burn and people to be hurt. "I think it's more volatile than, a regular gun," the presenter said, describing the risk of property damage and personal injury. He summarized the draft law: it would treat flare guns similarly to traditional firearms for county regulation and would generally limit purchase, possession and use to people at least 21 years old while including an exception for those who need them for boating.
The presenter said county staff had consulted the district attorney's office about enforceability and that the measure would include a sunset clause if the state enacted covering legislation. Board members asked whether state law already restricted sale or age; staff said there was no state restriction yet and that a state law would supersede the county measure.
A motion to adopt the local law was made, recorded as "Motion by Gil," seconded by Bobby, and approved by voice vote.
Why it matters: Supporters argued the rule would reduce the risk of severe fires and injuries from misuse of flare guns; county staff noted limits and enforcement questions remain and that state law could preempt the county measure.
Next steps: The local law was approved at this meeting and will be codified per county procedures. Staff noted a sunset clause in the event the state later enacts similar restrictions.
