Are fireworks legal in my state? Check these laws before celebrating the Fourth of July

The Fourth of July and fireworks are a no-brainer combination. But before you scatter the sky with aerial art, make sure your practices are legal in your state.

Take a look through our regional fireworks guide to ensure your holiday fun won’t cause any run-ins with the law.

Delaware

What fireworks are allowed in Delaware?

Fireworks will put a cap on Bethany Beach's Independence Day celebration on Tuesday, July 4.
Fireworks will put a cap on Bethany Beach's Independence Day celebration on Tuesday, July 4.

In Delaware, sparklers, ground-based displays and a selection of other nonairborne, nonexplosive novelty items regulated by the federal government are allowed to be sold and used, according to the Delaware Office of the State Fire Marshal.

These firework types can be purchased by a person 18 or older between June 4 and July 4; and Dec. 1 and Jan 1. Although there are monthlong purchase periods, the Delaware Office of the State Fire Marshal stressed that permitted types of fireworks may only be used on July 4, Dec. 31 and Jan 1.

Razzle Dazzlers, Proud Eagles and Patriot Paks are among the OK’d fireworks selection.

Illegal fireworks use in Delaware

A cool display of fireworks will once again decorate the sky in Dewey Beach for Independence Day on Tuesday, July 4.
A cool display of fireworks will once again decorate the sky in Dewey Beach for Independence Day on Tuesday, July 4.

Illegal fireworks for civilians to possess and use include bottle rockets, firecrackers or fire balloons, aerials like Roman candles and any other device that explodes or shoots into the air, according to the fireworks chapter of Delaware’s health and safety code.

Not only are these fireworks not sold in Delaware, but it is also illegal to purchase them across state lines and bring them back to Delaware to set off.

All in-state fireworks shows that are held to celebrate Independence Day are controlled events with permitted displays.

Firework misuse or illegal possession are misdemeanors that can result in a fine between $25 and $100.

Any injuries or damages caused by firework use can result in felony charges.

The State Fire Marshal reserves the right to confiscate all explosives or fireworks found to be illegally stored within Delaware.

Any other use of fireworks by a company or association is reliant on a permit detailing who is igniting the display and where, and the permit application must be submitted at least 30 days prior to the event.

Fireworks safety

More fireworks will light up the sky in Ocean City on Tuesday, July 4.
More fireworks will light up the sky in Ocean City on Tuesday, July 4.

The Delaware office of the State Fire Marshal reports that this year is a dangerous year for consumer fireworks because of the dry conditions.

Spent sparklers and fountains have been known to cause trash can fires, resulting in damage to homes, stressing that proper disposal of permitted fireworks is important.

Aside from being courteous to neighbors and pets, individuals setting off fireworks at home need to follow proper safety measures when using any sort of fireworks.

In 2015, 11,9000 people were estimated to be treated in nationwide hospitals for injuries related to using fireworks, including eye injuries, burns and amputation of fingers. The highest number of these injuries occurred around the Fourth of July holiday, according to the state fire marshal.

New Jersey

Fireworks will light up South Jersey's skies to celebrate America's independence Day - just not on the same day.
Fireworks will light up South Jersey's skies to celebrate America's independence Day - just not on the same day.

Unlike its southern neighbor, New Jersey law permits residents 16 and older to partake in the purchase, possession and use of certain novelty and sparkling devices.

For those planning to celebrate the holiday in the Garden State, it's important to be clear on the do's and don'ts of dazzling displays.

What fireworks are permitted in New Jersey?

Fireworks from the deck of the Battleship New Jersey.
Fireworks from the deck of the Battleship New Jersey.

Though state laws were changed in 2017 to allow for certain celebratory devices, all aerial consumer fireworks, like bottle rockets, Roman candles and firecrackers, remain illegal in New Jersey unless they are part of a permitted public fireworks display, according to The New Jersey Division of Consumer Affairs.

Hand-held and ground-based displays are OK for use, sale and possession without a permit. These include various sparklers and novelties such as glow worms and snakes, drop pops and smoke devices.

There are caveats.

Ground-based sparklers are permissible up to 500g of pyrotechnic mixture, and novelty poppers are OK'd up to 0.25 grains.

For all other fireworks sales, possession and use, the state requires a valid permit issued by a municipality, approved by chiefs of the police and fire departments and including the specific identification number and type of fireworks to be used, according to the DCA.

Pennsylvania

Independence Day fireworks erupt over the Philadelphia Art Museum on July 4, 2021, in Philadelphia.
Independence Day fireworks erupt over the Philadelphia Art Museum on July 4, 2021, in Philadelphia.

According to the Pennsylvania State Police, anyone in the state over the age of 18 can purchase, possess and use consumer fireworks.

Pennsylvania consumers can purchase and use both "Class C" or "consumer-grade" fireworks, which includes firecrackers, roman candles, bottle rockets and other fireworks not exceeding 50 milligrams of explosive material.

Consumer fireworks may be purchased online or by mail-order as well as through standalone, permanent structures licensed by the Pennsylvania Department of Agriculture. But, delivery of fireworks to the purchaser must always take place at the permanent structure itself.

Does Pennsylvania have any restrictions on fireworks?

Fireworks will return to downtown Rehoboth Beach during the Fourth of July celebration on Sunday, July 2.
Fireworks will return to downtown Rehoboth Beach during the Fourth of July celebration on Sunday, July 2.

"Display fireworks," according to the state police, are only to be used by professionals with a permit from the municipality in which the display will take place. These are the large fireworks used in shows, which include salutes that contain more than two grains or 130 milligrams of explosive materials as well as professional-grade aerial shells with more than 60 grams of pyrotechnic compositions.

Restrictions on the use of consumer fireworks are mostly intuitive.

Few Pennsylvanians, for instance, need to be told that aiming fireworks at another person, a building or a vehicle while under the influence of drugs or alcohol is a bad idea, but Pennsylvania law officially prohibits the act.

Consumers are also prohibited from igniting or discharging fireworks on public or private property without express permission from the property owner. Furthermore, fireworks cannot be discharged within 150 feet of a building or vehicle, whether or not the person discharging the fireworks is the owner of the vehicle or building.

State police and other certified authorities may remove or cause to be removed all stocks of consumer or display fireworks sold, used, stored or held in violation of Pennsylvania law.

Maryland

Those looking to have some holiday fun in Maryland will want to make sure that they're in a part of the state that allows for the use of fireworks and sparklers at all.

According to the Maryland Office of the State Fire Marshal, all fireworks are illegal in Baltimore City, Montgomery and Prince George's counties.

Ocean City, Harford and Howard Counties prohibit use of ground-based sparklers.

What fireworks are legal in Maryland?

Aside from the counties with total or partial restrictions in place, the Maryland Office of the State Fire Marshal instructs that only gold-labeled sparklers and novelty items are permitted in the state.

Per Maryland Code, "fireworks" excludes novelties such as snakes, non-aerial and non-explosive ground-based sparklers, gold label sparklers, paper-wrapped snappers with less than 0.03 grains of explosive composition or toy guns and devices with paper caps that the hand cannot touch when in use.

Maryland law prohibits the use of fireworks like spinning wheels, Roman candles, smoke bombs and Black Cats as well as any firework shot from a mortar tube.

Maryland firework fines

Residents in violation of these rules can expect the possibility of a fine, and law enforcement officers may confiscate fireworks and issue criminal citations.

Discharging fireworks and possessing fireworks with the intent of discharge or sale without required permit can each result in a $250 penalty.

Got a tip or a story idea? Contact Krys'tal Griffin at kgriffin@delawareonline.com.  

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This article originally appeared on Delaware News Journal: Check these fireworks laws in DE, MD, PA and NJ before Fourth of July