A flare gun that set an Albany house on fire on July 4 is the impetus for proposed state legislation that would control their use.

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

On July 9, the day that Capital District Democrats Senator Patricia Fahy, and Assemblymembers Gabriella Romero and John McDonald announced two bills to control flare guns, the State Police released body-worn camera footage from troopers responding to a fire and shooting on the night of July 4, following the fireworks display at the Empire State Plaza.

At about 10 p.m., as police were disbursing the crowd on Madison Avenue, a release with the State Police video clips says, reports of shots fired were received near 337 Madison Ave.

“Responding Troopers and Investigators located a teenage male with a gunshot wound to the head and discovered a working fire on the first floor of 333 Madison Avenue,” the release says. “Members immediately initiated lifesaving efforts on the gunshot victim and began evacuating nearby residences threatened by fire and smoke.”

One clip shows Trooper James McGill, going into the apartment underneath the floor where the fire burns, searching to make sure all of the residents are out, then leaving as flaming debris falls from the window above.

Another clip shows Trooper Thomas Stiehler going into the smoke-filled rowhouse at 335 Madison Ave., next to the burning building, where he finds an elderly woman seated next to a walker.

“Mom, you gotta go!” someone shouts.

“I’ll help you out,” says a calm male voice as the woman is lifted. As she is carried down several flights of stairs and outside to safety, the man’s voice says, “You’re all right, ma’am. You’re fine. You’re fine.”

The Albany Police Department said in a July 10 release that two 15-year-olds had been arrested; their names are being withheld because of their age.

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. 

Both cases are being handled in Albany County Family Court.

Proposed legislation

“The events in Albany on July 4th make clear the dangers of flare guns,” said Albany County District Attorney Lee Kindlon in a release from the three legislators, promoting their two bills. “We’ve seen the damage a flare gun has when fired at property. Imagine what could have happened if the flare hit an innocent person.”

The Capital Region Crime Analysis Center has confirmed the use of flare guns in at least 12 Capital Region crimes over the last year, the legislators say.

One bill 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.

“Flare guns were never designed to be weapons, but they are now being weaponized and used to inflict destruction, panic, and pain within our communities, including right here in the Capital Region with the outrageous and unacceptable violence we saw over the Fourth of July weekend,” said Fahy in the release. “These bills ensure that we treat flare guns as what they have become in many dangerous cases: weapons capable of real harm.”

“Keeping flare guns out of the hands of minors who are looking to harm people or property is something that we all should be able to agree on,” said McDonald in the release.

“Flare guns are intended solely for emergency signaling and are not designed for use as weapons,” said Romero in the release. “The recent tragedies in Albany over the past weekend underscores the urgent need for more precise and comprehensive protections from irresponsible usage of firearms.”

 “The incident on Friday, July 4, 2025 was a clear example why there needs to be stronger restrictions preventing the purchase of flare guns with the intent to use them unlawfully,” said Albany Police Chief Brendan Cox, urging quick movement on the legislation to make neighborhoods safer.