Fireworks laws in NJ, Pa and NY: Where to buy, sell and set off

MIDDLE SMITHFIELD, Pa. — There it stood at the end of the aisle in the grocery store, just a few miles from the New Jersey border: two large floor displays of firecrackers, Roman candles, bottle rockets and other fireworks. Pick 'em up, pay for them and have a bang-up time, was the unspoken message.

It's legal on the west side of the Delaware River to buy "consumer grade" fireworks. In fact, there are year-round stores just off Route 80's Exit 310, the last before the Garden State, where such products are the main business. The aisles and shelves are stocked with things that go "boom," often until late at night.

But east of the river in New Jersey, about the biggest legal noise-maker allowed would be a sheet of bubble wrap.

The only retail "explosives" allowed under New Jersey law are poppers and paper "caps." Sparklers and other hand-held novelties are also permitted. But if you want to set off anything bigger, you'll need a valid permit from your local municipality.

Live closer to the New York border? In much of the Empire State, even sparkling devices are verboten.

They may be allowed, but are they safe?

There are more than legal considerations to keep in mind, of course. There were 11 fireworks-related deaths reported in 2022 and 10,200 people were taken to emergency rooms with injuries, according to the U.S. Consumer Product Safety Commission. Children 15 and younger accounted for 28% of those injuries. Almost 40% of the damage involved burns.

The commission urged consumers to "either leave fireworks to the professionals or take steps to celebrate safely when using consumer-grade" devices.

"Consumer fireworks" are the small items usually sold at stands around the Fourth of July holiday. They include ground-level and hand-held devices containing fewer than 50 milligrams of flash powder, and aerial products containing fewer than 130 milligrams of powder, according to the federal Bureau of Alcohol, Tobacco and Firearms, which oversees the sale and use of explosives.

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Are fireworks legal in NJ?

Whether you've legally purchased fireworks in Pennsylvania or elsewhere, New Jersey law permits the use only of hand-held and ground-based sparklers as well as other "novelties" such as snakes and glow worms; smoke devices. Trick noisemakers, including party poppers, snappers, and drop pops are also kosher. Devices that fire paper caps can also be used, but must not resemble a firearm.

It's legal to purchase those products in the Garden State as well, but only if you're 16 or older.

Anything else requires a valid permit, which must be issued by a municipality and approved by the local police chief and fire department.

Possessing, selling or offering illegal fireworks to anyone younger than 16 in New Jersey can result in a charge of a fourth-degree crime, punishable by up to 18 months in prison and a $10,000 fine. Buying and setting off fireworks without a permit can led to a petty disorderly person's offense, which can bring a 30-day jail sentence and $500 fine.

Pennsylvania fireworks laws are more lenient

Under a 2018 law, Pennsylvania opened up legal sales of fireworks that fit the definition of consumer grade (also known as "Class C.") That includes firecrackers, Roman candles, bottle rockets, and similar products with under 50 milligrams of explosive material.

Before 2018, the state allowed sales of such items to non-state residents, but not to locals. That set up the confusing situation in which New Jersey residents could legally buy fireworks in Pennsylvania but not use them at home, and Pennsylvania residents couldn't purchase them at all.

The change six years ago kept in place the prohibition against selling the more powerful devices commonly known as cherry bombs, M-80s, Quarter sticks and Silver Salutes. Those devices, while much sought after, are illegal under both federal law and state statutes.

Pennsylvania also imposes some common-sense safety rules: Fireworks cannot be ignited or discharged on either public or private property without permission of the property owner; they cannot be directed at another person, building, or vehicle; nor can they be discharged or ignited within 150 feet of a building or vehicle, regardless of whether either one is owned by the fireworks user.

And, it goes without saying that the law forbids the use of fireworks by anyone under the influence of alcohol or drugs.

When can you set off fireworks? It depends

At the local level in Pennsylvania, municipalities can pass laws to restrict the use of consumer fireworks between 10 p.m. and 10 a.m. However, under state law, those time limits do not apply on July 2-4 and Dec. 31, when fireworks can be used until 1 a.m.

And because July 4 falls on a Thursday this year, the state says consumer fireworks can be used until 1 a.m. on the Saturday and Sunday immediately preceding and following the holiday.

New York rules are strictest

The strictest state of the three is New York, where only "sparkling devices" are legal, unless localities have banned their use or sale.

New York defines "sparkling devices" as ground-based or handheld devices that produce a shower of colored sparks or flame, an audible crackling or whistling noise and smoke. The law limits such devices to those with fewer than 500 grams of pyrotechnic material.

Counties which have banned the use and sale of sparkling devices are those in New York City and on Long Island; Westchester County; and the cities of Middletown and Newburgh in Orange County.

For those traveling further north, sparklers also are prohibited in Albany and Schenectady counties in the Capital District and all of Warren County, which includes Lake George and Glens Falls.

Email: bscruton@njherald.com Twitter/X: @brucescrutonNJH

This article originally appeared on New Jersey Herald: NJ fireworks laws: Where's it legal to buy, sell?