ALBANY, N.Y. (WRGB) — A string of flare gun incidents in Albany involving three 14-year-old boys has raised new questions about how easily teenagers can get their hands on the devices and whether New York needs tighter rules to prevent them from being used as weapons.
Police say teens shot a flare gun at a CDTA bus earlier this month at a bus stop in Albany. The incident happened Aug. 13. Investigators are also looking into two other reports of flare guns being fired within the last month: one in which a flare gun was used inside the lobby of a Central Avenue apartment building, and another in which a robbery occurred with a flare gun used as a threat.
All three boys, each 14 years old, are accused of being involved in the incidents and are charged with underage possession of a weapon.
“Somehow these very young teens are getting a hold of them,” said Anthony Kuhn, managing partner at Tully Rinckey. “They’ve got to be treated as a serious, deadly weapon, period.”
Kuhn said flare guns can be purchased by someone who claims they intend to use one for lawful purposes. “Individuals can go in and purchase a flare gun and say that they have a boat and that they intend to use that flare gun for lawful purposes. Teenagers can get them — not 14-year-olds — but I believe you only have to be 18 to lawfully gain possession at a store and purchase a flare gun,” he said.
After the Fourth of July 2025, state Sen. Pat Fahy attempted to move legislation to raise the age requirement and create more safeguards aimed at preventing teens from obtaining flare guns, but the legislation did not pass both houses. Fahy said she wants to revisit the issue.
“I’m anxious to move legislation,” Fahy said. “I have two bills on this, but that’s not enough. We’ve got to have more here. We need the family courts helping us as well.”
Fahy also pointed to possible alternatives. “In the meantime, we need to go back at are there the electric types, the more modern one that would not actually have the firepower behind it,” she said. “So there are some alternatives,” she added.
Kuhn said stricter legislation could create additional complications for people who use flare guns legally. “It’s another lawful device that we have to put safeguards and protections in place and I expect we’re gonna see a whole new set of laws that are gonna strictly limit the sales and possession of flare guns,” he said. “So unfortunately, that means there’s gonna be some strict laws in place for boaters and other people who just lawfully possess a flare gun.”
