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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

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