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What's legal and what's not when it comes to fireworks in WNY

Only what the state refers to as "sparkling devices" are legal in New York State.

BUFFALO, N.Y. — You've no doubt heard people setting off fireworks already ahead of the 4th of July holiday, but not all fireworks are legal here in New York State.

Over the weekend, Amherst Police posted a reminder on Facebook about the types of fireworks you can legally buy in Erie County - sparklers only. They can be the handheld kind or the ones you set on the ground.

All other fireworks are illegal statewide.

"A good rule of thumb, if it explodes or shoots up into the air, it's probably going to fall under that realm of an illegal firework," says Amherst Police Lt. Dale Goudy.

Amherst Police Lt. Dale Goudy says if you see fireworks being set off that could be dangerous, you should call the department's non-emergency number at 716-689-1311 and they'll dispatch an officer.

"It could cause some property damage, serious physical injuries, that's always a concern and that's a big complaint. Normally, that's when people are calling is when these fireworks are going off up in the air, and they're landing on their cars, landing on their roofs, some people have canvass awnings, those are things that can set fire very easily," said Lt. Dale Goudy.

The Buffalo Police Commissioner says he realizes people want to party and have a good time, but wants you to be respectful of your neighbors.

"We do get a lot of calls for fireworks. We do want to clear up the misconception that there are certain fireworks that are legal. The ones that you're going to see for sale at these tents at these different locations, those are all legal," said Buffalo Police Commissioner Joseph Gramaglia.

Commissioner Gramaglia says they respond to calls about fireworks the best they can.

"Sometimes on the 3rd and the 4th of July, those calls get backed up. Our calls are prioritized. Obviously, the higher priority calls continue to get bumped to the higher, higher levels of what's being dispatched first. Fireworks are a lower-priority call. If there are no higher-priority calls going out, we do respond. We respond to all calls," said Commissioner Joseph Gramaglia.

There are some counties where sparklers are not allowed, and most of them are downstate.

Credit: Amherst Police

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