Fireworks policy in the United States can be different in each jurisdiction.
Fireworks policy in the United States can be different in each jurisdiction.
The United States government has classified fireworks and similar devices according to their potential hazards.
The U.S. government now uses the United Nations explosives shipping classification system, which is based on hazard in shipping only, while the old US system also covered use hazards. The BATFE and most states performed a direct substitution of Shipping Class 1.3 for Class B, and Shipping Class 1.4 for Class C. This allows some hazardous items that would have previously been classified as Class B and regulated to be classified as Shipping Class 1.4 due to some packaging method that confines any explosion to the package. Being Shipping Class 1.4, they can now be sold to the general public and are unregulated by the BATFE.
A code number and suffix (such as 1.3G) is not enough to fully describe a material and how it is regulated, especially in Shipping Class 1.4G. It also must have a UN Number that exactly describes the material. For example, common consumer fireworks are UN0336, or Shipping Class 1.4G UN0336.
Here are some common fireworks classes:
Explosives, including fireworks, were previously divided into three classifications for transportation purposes by the US Department of Transportation (DOT).
At the time most purchases and use of all of these explosives, with specific exceptions for high explosives purchased and used in state, black powder used for sporting purposes and common fireworks, required a license or permit to purchase and use from the Bureau of Alcohol, Tobacco and Firearms (ATF or BATFE), or the state, or a local authority.
- Unincorporated Territories are not included.
Since 1976, there has been a general increase in the amount of fireworks consumed, with consumption past 2004 fluctuating until 2019, where it was observed that a large spike in firework consumption was observed. [1] [2] The reason for this spike was primarily due to the effects of COVID-19, which caused a decrease of 75% in the usage of display fireworks, yet the consumption of consumer fireworks increased around twice what was seen in 2019. [2] The decrease in display fireworks was due to public events being shut down, which created an effect on consumer fireworks being increasingly used, as it was the primary alternative, which can be seen as a significant factor in the increase in consumer fireworks being used during shutdowns. [2] [3] The majority of firework consumption in the US occurs between June and July, primarily due to Fourth of July celebrations. [4]
Availability and use of consumer fireworks are hotly debated topics. Critics and safety advocates point to the numerous injuries and accidental fires that are attributed to fireworks as justification for banning or at least severely restricting access to fireworks. With the increase in firework consumption, the injury rate has increased from 2.3 per 100,000 persons to 4.3 per 100,000 during 2008 to 2024, however, when looking at the injury rate compared to the amount of fireworks consumed in pounds, the injury rate has decreased from ~26 to ~5 per 100,000 pounds of fireworks from 1976 to 2024. [1] The primary reasons for the decrease in injury when looking at the amount of fireworks consumed are a result of an increase in firework testing and governmental policy that targeted violations of standards and illegal fireworks [1] [5] . Operation Midwest Thunder and Operation Heatstroke were both initiatives of the CPSC that targeted illegal fireworks that were being shipped to the US, which resulted in the availability of fireworks for sale being ones that underwent testing and met the standards set. [6] Complaints about excessive noise created by fireworks and the large amounts of debris and fallout left over after shooting are also used to support this position. There are numerous incidents of consumer fireworks being used in a manner that is supposedly disrespectful of the communities and neighborhoods where the users live.
Meanwhile, those who support more liberal firework laws look at the same statistics as the critics and conclude that, when used properly, consumer fireworks are a safer form of recreation than riding bicycles or playing soccer. [7] Due to the consumption of fireworks in the US surging during the period around the 4th of July, the effects of fireworks can be planned for, such as limited timed operations and preparations for fires. [8] [6]
The Consumer Product Safety Commission has guidelines concerning the standard of consumer fireworks sold in the US. Together with US Customs, they are very proactive in enforcing these rules, intercepting imported fireworks that don't comply and issuing recalls on unacceptable consumer fireworks that are found to have "slipped through". Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the federal agency that regulates explosives, including Display Fireworks in the US. But, ATF does not regulate consumer fireworks that conform to CPSC standards.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as well as the U.S. Consumer Product Safety Commission (CPSC) have general jurisdiction over what types of fireworks may be legally sold in the United States.
The federal law is only the minimum standard however, and each state is free to enact laws that are more stringent if they so choose. Many states have laws which further restrict access to and use of consumer fireworks.
Citing concerns over fireworks safety, some states, such as California, have enacted legislation restricting fireworks usage to devices that do not leave the ground, such as fountains. North Carolina limits fireworks to a charge of 200 grams of black powder. Massachusetts bans all consumer fireworks completely. Rhode Island, Arizona, New York, New Jersey, and Delaware have passed bills legalizing certain types of small fireworks. Vermont only allows sparklers. On the other hand, states such as Maine, South Dakota, South Carolina, Kentucky and Tennessee allow most or all legal consumer fireworks to be sold and used throughout the year. New Mexico allows all legal fireworks under state law; however, individual cities and counties may restrict or ban fireworks within their boundaries either permanently or when certain conditions exist.
Additionally, pollution that comes from fireworks in the form of particulate matter is primarily felt in denser areas, such as inner-city areas that hold onto the particulate matter longer and result in higher amounts of it within the air compared to other, less dense areas, which may affect the legislation in denser areas. [9]
The age of purchase ranges widely from state to state. Most state adopts 18 years old as the age to purchase, but four states, Arkansas, Mississippi, North Dakota, and Oklahoma, have age to purchase at 12 years old. Missouri's age of purchase is 14 years old without a parent or guardian, implying children younger could purchase fireworks if accompanied by a parent or guardian. [10]
Some states such as New Jersey vigorously enforce them. [11] Each year, there are many raids on individuals suspected of illegally possessing fireworks. [12]
Illinois only permits sparklers, snake/glow worm pellets, smoke devices, trick noisemakers, and plastic or paper caps. [13] However, many users travel to neighboring states such as Indiana, Missouri, Kentucky, and Wisconsin to obtain fireworks for use in Illinois. [14] This situation is similar to the plight of many St. Louis residents as fireworks are illegal within both city and county limits. However, fireworks are readily available in nearby St. Charles County. [15]
Differences in legislation among states have led to many fireworks suppliers setting up shop along state borders, to sell to customers from neighboring states where fireworks are restricted. Some Native American tribes on reservation lands sell fireworks that are not legal for sale outside the reservation.
The type of fireworks sold in the United States range from those permitted under federal law to illegal explosive devices and professional fireworks sold on the black market. Both the illicit manufacture and diversion of illegal explosives to the consumer market have become a growing problem in recent years.
Within states that prohibit the sale of fireworks and put more restrictions upon them, Native lands can get around certain restrictions due to their limited sovereignty, which allows them to be able to sell fireworks that would be illegal in the rest of the state, depending on their own local laws. [16] This creates a new way for native areas to get extra revenue during periods of high demand for fireworks; however, due to the lessened restrictions on fireworks, it contributes to fires that are caused by fireworks, which reached 76.8% of total fires caused by fireworks during 1980-2016 . [8]
Federal, state, and local authorities govern the use of display fireworks in the United States. At the federal level, the National Fire Protection Association (NFPA) sets forth a set of codes which give the minimum standards of display fireworks use and safety in the US. Both state and local jurisdictions can further add restrictions on the use and safety requirements of display fireworks. Typically, these jurisdictions will require a licensed operator to discharge the show. Although requirements vary from state to state, licensed operators and their crew are typically required to have hours of extensive training in the safe use of display fireworks.
These codes can include, but are not limited to, distance from the audience, maximum size shell, firing location requirements, electrical firing system requirements, and the minimum safety gear to be worn by the fireworks crew. These guidelines are explained in the NFPA 1123 [17] fireworks code.
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