Firework State Laws
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.
Update as of March 4th 2011 - The largest change this law produces is an expansion of the types of consumer fireworks which can be sold at retail stores. Under the new provisions it would allow retailers to sell almost every type of consumer item, although there are some restrictions. HB333 creates 2-tier classification: Seasonal retailers and Permanent retailers. Seasonal retailers can sell consumer fireworks during 2 seasons (June10th-July7th & December 26th - January 4th). Permanent businesses which are not primarily engaged in sale of fireworks are limited to selling items classified as "ground and hand held sparkling devices" unless they follow procedures to be classified as a seasonal retailer. This modification of Kentucky's fireworks law is intended to take effect immediately upon signature by the Governor.
Update as of March 29th 2011 - House Bill 22 contains a number of changes. The majority of restrictions on consumer fireworks remain in place however consumers may now purchase and discharge cake items up to 500g. In addition the sales and usage seasons have been revised to 3 separate seasons: June 26- July 26, Dec 26 - Jan 1 & the Chinese New year season.
Update as of March 9th 2011 - The House Bill 1056 created a new retail season for consumer fireworks which allows both residents and non residents tp purchase between December 28th and January 1st
INDIANA ENACTS NEW FIREWORKS LAW - On March 29, 2006 Governor Mitch Daniels signed into law House Bill 1099 which legalizes all consumer fireworks sales and use to any citizen over the age of 18 years of age. Citizens can purchase and use all consumer fireworks on their own property for 9:00 am until 11:00 pm each day and 9:00 am until 12:00 midnight on holidays. Additional provisions on wholesale and retail licensing to sell fireworks was also part of the law. For more information we encourage you to join the Indiana Fireworks Distributors Assn. You can contact the Executive Director, Mr. Steve Grave at 1-800-535-7477 or (765) 287-1869.
Some Class C items require a permit to display and must be signed and presented when purchasing fireworks. Some, however, do not. Those that do not require a state or local permit are fountains, sparklers, novelty items, smoke items, wheels & spinners.
As of May 5th, 2005 the State of Georgia officially became a fireworks friendly state! NCI can offer Georgia more than 300 legal firework items to sell for the first time ever. Legal age to purchase fireworks in Georgia is 18 years of age with proper identification. Items that are legal include our In State Assortments, MI, WI mixes, Fountains, some Novelties, and all Promotional Accessories!If you are in the wholesale business you may qualify to purchase any and all of the products on our price list as long as you understand that these other items must be sold to customers outside of Georgia. New bill underway, hoping to pass by 2014.
One state (Arizona) permits residents to purchase and use only novelties.
Nineteen states (California, Colorado, Connecticut, Florida, Georgia, Kentucky, Idaho, Maryland, Michigan, Minnesota, Nebraska, North Carolina, Oregon, Pennsylvania, 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. Although the manufacturing of fireworks for the whole state is legal if used as an artform and if you aren't distributing those fireworks.
Twenty one states—Alabama, Alaska, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington and Wyoming—and Pennsylvania 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, New Hampshire, 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. However, they are not exempt from federal law.