ALBANY COUNTY — The county is doubling down on curbing flare-gun violence.

On Tuesday afternoon, the county executive’s office put out a release saying that Daniel McCoy had signed an executive order setting 21 as the minimum age to buy a flare gun and then on Tuesday evening, the county legislature introduced a local law that would treat flare guns like traditional firearms and “must be primarily purchased, possessed, and used by those over 21 years old.”

A signal pistol or flare gun discharges blanks, flares, and smoke and is designed to produce a distress signal in emergencies.

“Although flare guns are designed and marketed as emergency signaling devices,” said a release from McCoy’s office, announcing the executive order, “they are capable of causing severe bodily harm and property damage when misused, especially given the rising number of cases of flare guns being illegally converted into firearms.”

The legislature cited Albany Police statistics, saying 13 flare-gun incidents had occurred between July 1, 2024 and July 7, 2025, with at least half involving a minor, adding that some of the incidents involved flare guns modified to fire traditional ammunition but, even when unmodified, incidents can still be chaotic and violent.

The bill, sponsored by Joanne Cunningham, who chairs the legislature, does not prohibit the purchase or use of flare guns on boats, for official military or government purposes, or for individuals under 21 participating in recognized and supervised training programs.

“Flare guns aren’t toys,” Cunningham said in a statement. “As we have seen over the past year, these weapons can lead to tragedy and suffering, whether they are modified or not. This law is about respecting and accepting the responsibility that purchasing, owning, and using a flare gun brings with it.”

The proposal was referred to the legislature’s Law and Public Safety committees for review during November meetings.

Anyone violating the new law could be charged with a misdemeanor punishable by a $500 fine for the first violation, and up to $1,000 for each subsequent violation.

“Unlike similar potentially hazardous products such as alcohol, tobacco, and firearms, flare guns are currently available for purchase by any individual over eighteen (18) years of age, which significantly increases the likelihood of acquisition of flare guns by those who would misuse or abuse them,” the county bill says.

It also says the seller of a flare gun shall require the purchaser to present a valid, government-issued photo identification card verifying that the purchaser is at least 21.

Under the proposed law, a person is guilty of unlawful possession of a flare gun when possessing a flare gun with the intent to use it “unlawfully against the person or property of another” or when the person “has been convicted of a felony or serious offense, unless such possession is otherwise authorized by law.”

State proposals

An incident last summer prompted three Capital District Democrats — Senator Patricia Fahy, and assemblymembers Gabriella Romero and John McDonald — to propose two bills to control flare guns.

On July 4, as crowds were dispersing in Albany following a fireworks display, a teenager fired a flare gun, setting a house on fire.

The Albany Police Department said in a July 10 release that two 15-year-olds were then arrested.

The two were arguing when one fired a flare gun and the other fired a handgun, police said. The projectile from the flare gun struck 333 Madison Ave., causing the fire, while the rounds fired from the handgun struck four victims who were attending the fireworks event, none of whom were involved in the altercation.

The teen who police say fired the handgun was charged with second-degree attempted murder, second-degree criminal possession of a weapon, and three counts of first-degree assault.

The teen who police say fired the flare gun was charged with second-degree attempted murder, first-degree attempted assault, second-degree attempted assault, second-degree arson, and fourth-degree criminal possession of a weapon.

One of the proposed bills would prohibit the sale and distribution of flare guns to anyone younger than 21, with the buyer’s age verified by a government-issued ID. The bill creates two new criminal offenses when selling to those under 21: Criminal Sale of a Flare Gun in the Second Degree, a violation punishable by a fine of up to $500 for first-time offenders, and Criminal Sale of a Flare Gun in the First Degree, a class A misdemeanor for repeat offenders.

The second bill defines a “flare gun” and criminalizes its use as a weapon, adding it to the list of weapons that, when possessed with intent to use unlawfully against another, constitute a criminal offense, Criminal Possession of a Weapon. If the bill passes, police officers would be able to charge someone who uses a flare gun as a weapon, even if the flare gun is not modified, under the existing weapons statute.

The Albany County bill says, “This Local Law shall be null and void on the day that a statewide law is in effect.”

While the state legislation is pending, McCoy’s executive order, applying just to Albany County, is in effect.

“Flare guns are meant to save lives, not endanger them,” said McCoy in announcing his executive order. “Unfortunately, over the summer we saw too many cases where they were misused or even turned into real weapons … This is about prevention and protecting our communities before tragedy strikes.”