Fireworks - Laws and Politics - Laws Governing Consumer Fireworks - United States

United States

In the United States, the laws governing consumer fireworks vary widely from state to state, or from county to county. It is common for consumers to cross state and county lines in order to purchase types of fireworks which are outlawed in their home-jurisdictions. Fireworks laws in urban areas typically limit sales or use by dates or seasons. Municipalities may have stricter laws than their counties or states do. In the United States, fireworks dealers generally only sell to people over 16 or 18 years of age.

The American Pyrotechnic Association maintains a directory of state laws pertaining to fireworks.

Three states (Delaware, Massachusetts, New Jersey) ban the sale of all consumer fireworks including novelties and sparklers by the general public.

One state (Arizona) permits residents to purchase and use all non-aerial fireworks such as novelties, fountains, sparklers, and smoke bombs, while still prohibiting firecrackers.

Three states (Illinois, Iowa, and New York) permit residents to purchase and use only wire or wood stick sparklers and other novelties. Certain counties in New York prohibit sparklers, but allow their use and possession.

Seventeen states (California, Colorado, Connecticut, Florida, Georgia, Idaho, Maryland, Minnesota, Nebraska, North Carolina, Oregon, Pennsylvania, Rhode Island, Utah, Virginia, Wisconsin, West Virginia, and the District of Columbia) allow residents to purchase and use non-aerial and non-explosive fireworks like novelties, fountains and sparklers. Wisconsin also allows the purchase of aerial explosive fireworks, but only allows their launch in designated areas in each county.

For example: California has very specific requirements for the types of consumer fireworks that can be sold to and used by residents. Even then each city can and often does place restrictions on sale and use. However, the manufacture of fireworks is legal throughout the state if they are to be used as an artform and not further distributed.

Another example: In Minnesota only consumer fireworks that do not explode or fly through the air are now permitted to be sold to and used by residents. In Nebraska the sale and use of all consumer fireworks are prohibited in Omaha as of December 31, 2010, while in Lincoln there is a two-day selling period and in other parts of the state all of the permitted types can be sold and used by residents.

Twenty four states (Alabama, Alaska, Arkansas, Indiana, Kansas, Kentucky, Louisiana, Maine (Maine's new law became effective January 1, 2012), Michigan, Mississippi, Missouri, Montana, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington and Wyoming) permit the sale of all or most types of consumer fireworks to residents. Many of these states have selling seasons around Independence Day and/or Christmas and New Year's Eve. Some of these states also allow local laws or regulations to further restrict the types permitted or the selling seasons.

For example: Missouri permits all types of consumer fireworks to be sold to residents with two selling seasons; June 20 – July 10 and December 20 – January 2. South Carolina permits all types of consumer fireworks except small rockets less than ½” in diameter and 3” long to be sold and used by residents year round.

Two states (Hawaii and Nevada) allow each county to establish their own regulations. For example, Clark County, Nevada, where Las Vegas is located, allows residents to purchase and use only non-explosive and non-aerial consumer fireworks during Independence Day, while other counties permit all types of consumer fireworks.

Many states have stores with all types of consumer fireworks that sell to non-residents with the provision they are to remove the purchased fireworks from that state. This is why there are so many stores selling all types of consumer fireworks in states like Pennsylvania, Ohio, Florida, Missouri, Nevada and Wisconsin, even though residents are limited or prohibited from buying or using those very same consumer fireworks unless they have the appropriate licenses and/or permits.

Many Native American Tribes have consumer fireworks stores on reservation lands that are exempt from state and local authority and will sell to people that are not in the tribe.

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