Currently, NY is one of 5 states that bans all consumer fireworks but there are two pending bills right now that could change this. One is for the legalization of "Safe & Sane" fireworks (aka S&S) which include items like sparklers, fountains, novelty items, etc. and the other would require a citizen to get a permit (like PA) that would allow them to then purchase firecrackers, rockets, repeaters (cakes) and reloadables. Similar bills have come up before but have never made it into law. Last year, it passed assembly but our new governor refused to sign off on it.
This year, it is looking more promising and one of the big factors has been letters snail mailed to our state leaders asking for their support of these bills. These letters have included such facts as the lost revenue since so many people travel to CT and PA to purchase their fireworks and bring them into NY, regardless of the law. This is money not being spent in NY, taxes not collected in NY and likely goes into the millions each year. They have also included statistics provided by the National Council on Fireworks Safety that shows that since 1976, injury rates have decreased even though the sales of LEGAL consumer fireworks has increased more than 10 fold. The reason for this was the legalization of fireworks, which decreased the black market sales, promoted firework education through knowledgeable retailers and the control of their production/imports by the CPSC. So, if you have the time, please contact your senators and assemblymen and ask for their support of these bills.
Now, the Department of Labor somehow has stuck their noses into this and along with our 2009 State Budget, they snuck in language that would essentially make the possession of a sparkler, or even a party popper, a felony in NYS. This of course is absolutely ludicrous.
If you live in NY and want to see the laws changed, I encourage you to visit these sites for more information
I also encourage you to visit the forums at www.pyrouniverse.com
and check out this thread (it's a long one)