Fourth of July and the sweet promise of fireworks are right around the corner. It can be tricky to know exactly which fireworks are and are not legal in your state, so here’s a guide you can use. Remember that laws can also vary by county and city, and be sure to exercise caution when dealing with fireworks of any kind! Make sure you’re on the street or sidewalk, far away from your apartment and your neighbors’ — renter’s insurance usually doesn’t cover fireworks. (It does cover more than you think, though. Learn all about renter’s insurance here.
Definitions:
Fireworks: Everything we think of as “regular fireworks.” This includes:
- Chasers
- Cones
- Salutes
- Roman candles
- Rockets
Novelty: Devices that contain a small amount of pyrotechnic and/or explosive composition but does not fall under the category of consumer fireworks. These devices produce limited visible or audible effects. This includes:
- Poppers
- Sparklers
- Snappers
- Trick noisemakers
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Who Decides the Law?
The state fire marshal sets the regulations for what types are and aren’t legal.
How Do I Know If It’s Legal?
When in doubt, a good rule of thumb is: If retailers sell it in your state, it’s probably legal in your state. If you want to be absolutely sure, please check your state laws online.
States That Ban All Consumer Fireworks:
- New Jersey
- Delaware
- Massachusetts
States That Only Allow Novelty Fireworks (Sparklers, Snakes, Poppers):
- Illinois
- Iowa
- Ohio
- Vermont
States That Allow Novelty Fireworks and Ground Fireworks (Cones and Volcanoes):
- Alabama
- Arizona
- California
- Colorado
- Connecticut
- Florida
- Hawaii
- Idaho
- Maine
- Maryland
- Minnesota
- Montana
- Nebraska
- Nevada
- New Hampshire
- New York
- North Carolina
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- Utah
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
States That Allow Novelty Fireworks, Ground Fireworks and Aerial Fireworks (Bottle Rockets and Roman Candles):
- Louisiana
- Mississippi
- South Carolina
States That Allow Novelty Fireworks, Ground Fireworks, Aerial Fireworks, and Bombs and Shells (M-80s and Cherry Bombs):
- Arkansas
- Alaska
- Georgia
- Indiana
- Kansas
- Kentucky
- Michigan
- Missouri (except ground salutes that exceed DOT limits)
- New Mexico (except stick-type rockets having a tube with less than a ¼” inside diameter)
- North Dakota
- South Dakota (except any fireworks made wholly or in part of dynamite, nitroglycerin or giant powder)
- Tennessee (except certain ground salutes)
- Texas
- Wyoming
Little-Known Facts:
- In California, you cannot have fireworks that resemble food.
- In Florida, fireworks are only legal if labeled and sold as “pest control.”
- Ohio requires those who purchase fireworks to promise to take them out of the state after a set period of time.
- In South Dakota, agricultural workers may set off fireworks to protect sunflower crops from birds and other pests.
- On Hawaii’s Big Island, it is illegal to set off fireworks within 1,000 feet of a “hospital, convalescent home, zoo or animal hospital.”
- In 1731, Rhode Island officials outlawed using fireworks for “mischievous ends” due to too many pranks.
Have a happy and safe Fourth of July!
Disclaimer: DO NOT rely on this information as being accurate or as legal advice, and please DO handle those fireworks carefully.
Sources:
http://www.cpsc.gov//PageFiles/121339/012.pdf
http://blog.usa.gov/post/54109217133/are-fireworks-legal-in-your-state
http://gizmodo.com/the-fireworks-laws-in-every-state-639187644
http://www.smithsonianmag.com/arts-culture/14-fun-facts-about-fireworks-180951957/?no-ist
http://tbo.com/news/politics/patriotism-as-pest-control-floridas-weird-fireworks-law-20140629/
http://www.dumblaws.com/laws/united-states/pennsylvania
http://damontucker.com/2010/12/29/some-big-island-firework-laws-are-a-bit-strange/
http://www.popularmechanics.com/adventure/outdoors/a6763/the-bewildering-web-of-us-fireworks-laws/
http://www.mandatory.com/2014/04/10/the-worlds-weirdest-tax-laws/2
http://www.dumblaws.com/laws/united-states/north-dakota
http://www.usnews.com/news/blogs/washington-whispers/2013/01/28/10-strange-lobbying-groups-that-we-swear-are-real
http://www.businessinsider.com/most-ridiculous-law-in-every-state-2014-2
http://gizmodo.com/the-fireworks-laws-in-every-state-639187644
http://www.americanpyro.com/
http://www.in.gov/dhs/files/Fireworks_Safety.pdf
http://detroit.about.com/od/governmentpolitics/f/Legal_Fireworks_Michigan.htm