The following is a general guide to state laws regarding CPSC Consumer Fireworks around the US and was updated May 28, 1997. Whenever possible, the most current state statutes were consulted directly.

It is not uncommon for different officials to provide different interpretations of the same regulations. A great deal of this is due to not having clear definitions of what some fireworks are, using old, outdated definitions and not understanding the current federal definitions.

Also, please be aware many local ordinances in some municipalities and counties restrict CPSC Consumer Fireworks sales or use, even in states where sales and use are permitted. There are many fire control districts as well that have the power to regulate anything that poses a fire hazard, especially in drought conditions.

If you have any questions, call the fire or police departments in the municipality or area you want to use them in.

Generally speaking, what the laws are versus what are is enforced are based on a lot of other factors. County and local ordinances and regulations may be different than state laws, and generally, larger more urban areas are more restrictive than suburban and rural areas. Areas with fire control districts are also usually more restrictive, and all areas with drought or other unusual conditions may also be more restrictive.

If you have a neighbor who complains about the noise, or a local official who is looking to bust people for anything they can to get press, or you happen to be doing dumb things with neat fireworks, you might find a badge at your door.

It is important to remember that these laws apply to the sale to the general public and generally to possession and/or use in that state. Some apply only during specific times of the year, others to specific items, and others to both.

In all states you can buy and use fireworks if you obtain a permit from the proper authority. In some areas this is next to impossible unless you are a professional display company or licensed as a pyrotechnic operator, while in others they are no more difficult to obtain than a burning permit or dog license. Be advised that fireworks permits are not a commonly requested items, so be prepared.

Many officials don't know their own fireworks regulations very well, usually because they only refer to them once a year or base their interpretations on the memory of what their predecessors told them many years before. If asked, they will often say "No, that isn't allowed here" without actually looking it up or evaluating things very carefully.

On the other side of the equation, many fireworks outlets tend to interpret the regulations in favor of the items they have available for sale. However, the owners and managers of fireworks outlets usually know more about the regulations about fireworks in their areas because it is their business. So ask them!

Almost every library has a set of the statutes for the state, usually in the reference section. This is always a good place to start so you can determine which government agency has the authority to issue permits or determine what is approved in your state. It at least can narrow down which office to start with, allows you to refer the officials to the right statutes quickly, and show them that they can issue permits and what is required for them to do so.

Generally fireworks are not legal to use in national and state parks or forests and have distance restrictions from hospitals, nursing homes and prisons. There are often other restrictions around or near areas of high hazard such as gas stations, fuel depots and refineries, grain elevators, airports, railroads, roads, bridges and highways, zoos, feedlots and other areas with farm animals and of course inside, on or near buildings.

These are very general and sweeping guidelines and don't answer the specific questions most people have for their particular situation. That would require a very expensive and lengthy book that would never be completed or kept up to date!

For the purposes of this Page, the following terms will be used. Each state and in some cases each county or municipality will have their own terms and definitions, many of them left over from eras long gone.

There are some variations in some states, so it is wise to check with the outlets you are purchasing your fireworks from as well as the local officials in the area you wish to use them in to be sure.

A term used to try to differentiate between different general types of fireworks and what is allowed in each state. The problem is many states with different laws that allow CPSC Consumer Fireworks use "Safe & Sane", so it means different things in different states.

Some states allow all CPSC Consumer Fireworks, like AL and MO and use the term "Safe & Sane". In those states it is used to differentiate between these limited power items such as the 50 mg firecrackers and older, banned items such as M-80s and cherry bombs.

In others states like CA, "Safe & Sane" may mean only items that don't go bang, move through the air or spray sparks above 3-5 feet high, while in others it may mean no firecrackers but bottle rockets, or in another no bottle rockets but firecrackers. The term is also used in states that allow only sparklers and novelties!

The result of all of these uses of "Safe & Sane" on a national scale is the term is almost meaningless!

The reality is nothing in this life is safe or sane. Inanimate objects have no state of mind and thus cannot be sane or insane; it is the state of mind of the users of things that determine whether the things are used sanely or insanely. Anything in the right quantities, conditions or quantities can be safe or unsafe, all dependent on how the humans involved are using and interacting with those things.

The "Safe & Sane" label is one based on value judgments and as one moves around the country, one will find those values change from place to place, and have and will change from time to time.

Some states have limited seasons for retail sales to residents and use by those residents in their states.

Note: For wholesale sales to resident retail outlets or to non-residents, there is rarely any seasonal restriction.

This state allows the sale and use of all CPSC Consumer Fireworks to and by the general public with no need for a license or permit.

Note: These "Safe & Sane" are all CPSC Consumer Fireworks including firecrackers, roman candles, bottle rockets, missiles, aerial shells and multi-tube fireworks.

This state allows the use of selected CPSC Consumer Fireworks to and by the general public, or all others with either a license or permit, or both.

Note: These "Safe & Sane" usually are sparklers, snakes, cones and novelties or items that do not go bang, move through the air or spray sparks more than 3-5 feet into the air. In others it means all but bottle rockets, or firecrackers, or missiles, or other specific items.

This state allows the use of selected CPSC Consumer Fireworks by the general public, or all others with either a license or permit, or both. Note: These "Safe & Sane" usually are sparklers, snakes, and novelties or items that do not go bang, move through the air or spray sparks more than 1-3 feet into the air.

This state allows the use of selected CPSC and state tested or approved CPSC Consumer Fireworks (they usually require a state seal on each item) by the general public, with use of all others by permit only.

Note: These "Safe & Sane" usually are sparklers, snakes, cones and novelties or items that do not go bang, move through the air or shoot sparks above 3-5 feet into the air.

This state does not allow the use of CPSC Consumer Fireworks except to fireworks display permit holders, sometimes requiring liability insurance and sometimes requiring a pyrotechnic operator's license.

Note: All states require some kind of permit for Display Fireworks. The process and requirements for permits in closed, limited and semi-limited states for CPSC Consumer Fireworks is generally the same as for display fireworks.

The following table lists the states, the CPSC Consumer Fireworks retail seasons, the openness of the types of CPSC Consumer Fireworks available, and the types available for retail sales to the residents of that state.

Note: The season and types available to residents of that state do not apply to wholesale sales, or sales in interstate commerce (to residents of other states). Thus a state may have a short season, even limit sales to residents, but an outlet may operate year-round for wholesale and interstate sales with few if any restrictions.

* The retail season applies to retail sales to residents in that state. Year-round does not mean they are always available and stocked in all stores, usually only fireworks outlets, and they often curtail their hours except during the summer, tourist seasons and holidays like Christmas, New Year's Eve and Chinese Lunar New Year.

9 states (AL, AK, AR, MO, MS, ND, SD, TN and WY) allow All CPSC Consumer Fireworks. Other states allow some CPSC Consumer Fireworks and all CPSC Consumer Fireworks can be legally purchased and used by the general public with a license and/or permit.

3 states (KS, LA and NM) allow most (all except bottle rockets) CPSC Consumer Fireworks.

3 states (OK, SC, and TX) allow most (all except bottle rockets, some missiles and roman candles) CPSC Consumer Fireworks.

1 state (MT) allows most (all except bottle rockets and some missiles) CPSC Consumer Fireworks.

1 state (CO) allows most (all except firecrackers) CPSC Consumer Fireworks.

1 state (WA) allows some (roman candles, small aerial, cones, sparklers, novelties, etc.) CPSC Consumer Fireworks.

13 states (DC, IA, ID, IL, IN, KY, MD, NC, NH, OH, PA, VA and WV) allow only CPSC sparklers and similar novelties.

5 states (FL, NE, OR, UT and WI) allow only CPSC cones, sparklers and similar novelties.

1 state (MI) allows only CPSC ground spinners and sparklers.

1 state (ME) allows only CPSC sparklers.

1 state (CA) allows only CPSC cones, sparklers and novelties that are also approved and labeled by the CA State Fire Marshal.

2 states (HI and NV) defer all decisions about CPSC Consumer Fireworks to the county level, generally open or semi-limited.

10 states (AZ, CT, DE, GA, MA, MN, NJ, NY, RI and VT) do not allow any CPSC Consumer Fireworks.

This list was compiled from an interpretation of the actual laws and regulations from each state as well as communications with the authorities in each state and fireworks companies in those slates. As with most things in life, interpretations may vary from person to person and time to time!

Revised July 17, 1998