Are fireworks legal?

Consumer fireworks and display fireworks

Federal law sorts fireworks into two groups. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) defines consumer fireworks as small devices that make visible effects by burning and that must meet the Consumer Product Safety Commission's (CPSC) rules. A few noisy items also count: ground devices with 50 milligrams or less of explosive, and aerial devices with 130 milligrams or less. Display fireworks are the bigger products. ATF's examples include salutes with more than 130 milligrams of explosive and aerial shells with more than 40 grams of pyrotechnic composition.

The labels 1.4G and 1.3G come from federal shipping rules. U.S. Department of Transportation regulations group explosives by hazard. Division 1.4 items present a "minor explosion hazard," with effects largely confined to the package. Division 1.3 items carry a fire hazard and a minor blast or projection hazard. The letter G marks pyrotechnic articles. CPSC's 2023 fireworks report treats consumer fireworks as 1.4G and display fireworks as 1.3G. It says display fireworks were about 7.6 percent of U.S. fireworks imports that year.

ATF's explosives regulations exempt the import, distribution and storage of consumer fireworks, but that exemption does not cover display fireworks. Pennsylvania State Police say display fireworks are only for professionals with a permit from the local municipality. Indiana's Department of Homeland Security says individuals may not buy and use 1.3G fireworks for personal use unrelated to a public display.

Sources: 27 CFR 555.11, ATF definitions of consumer and display fireworks (eCFR) · 49 CFR 173.50, Class 1 explosives divisions (eCFR) · 49 CFR 173.52, explosives compatibility groups (eCFR) · CPSC: 2023 Fireworks Annual Report (June 2024) · 27 CFR 555.141, exemptions from ATF explosives rules (eCFR) · Pennsylvania State Police: Fireworks FAQ · Indiana Department of Homeland Security: Fireworks Information

What federal safety rules require

CPSC regulates how consumer fireworks are made under the Federal Hazardous Substances Act. Its rules in 16 CFR Part 1507 ban chemicals such as arsenic compounds, mercury salts, magnesium and zirconium. Fuses must burn at least 3 seconds and no more than 9 seconds. Hand-held items need a handle at least 4 inches long, and standing devices need a base at least one-third as wide as they are tall. A device that fails these rules is a banned hazardous substance and is kept out of interstate commerce.

Some products are banned outright under 16 CFR 1500.17. The list includes firecrackers with more than 50 milligrams of powder and noisemakers with more than 2 grains of charge, such as cherry bombs and M-80 salutes. It also covers reloadable aerial shells wider than 1.75 inches imported since October 1991, and large multi-tube devices that tip over too easily. CPSC's injury reports call M-80s, M-1000s and quarter sticks illegal firecrackers under these rules.

The firecracker cap dates to 1976. In a June 1976 release, CPSC said federal rules had allowed firecrackers with up to 130 milligrams of powder, and the new 50-milligram limit would permit only the small firecrackers known as ladyfingers. CPSC first proposed banning firecrackers entirely. It dropped that idea, saying a total ban would probably increase bootlegging of larger, more dangerous firecrackers. The State of Hawaii objected to a ban, saying residents of Chinese descent used firecrackers in religious ceremonies. Hawaii law still treats firecrackers separately: they need a $25 permit.

Sources: 16 CFR Part 1507, CPSC requirements for fireworks devices (eCFR) · 16 CFR 1500.17, banned hazardous substances (eCFR) · CPSC: 2023 Fireworks Annual Report (June 2024) · CPSC news release: CPSC Announces Final Order For Fireworks and Firecrackers (June 7, 1976)

Why states differ, and how the map has changed

Federal rules decide what can be sold nationally, not what each state allows. In 1976, CPSC said its firecracker rule would have no effect on state firecracker bans, which it counted in 32 states. Many states now borrow federal definitions. Michigan's law points to CPSC's rules and an industry standard, Maine's adopts ATF's definition, and Nebraska's says 1.4G explosives are consumer fireworks. Other states write their own lists. California allows only "safe and sane" products approved by its State Fire Marshal, and Virginia's fire marshal publishes a yearly list of approved products.

Since 2011, many states have loosened their laws. Kentucky's expanded consumer fireworks rules took effect in March 2011. Michigan's Fireworks Safety Act passed in 2011 and took effect January 1, 2012. Maine passed its law in 2011 and has allowed consumer fireworks since 2012. Iowa followed in 2017. A 2017 New Jersey law legalized hand-held and ground sparkling devices that don't explode or fly. In 2020, Florida said its fireworks chapter does not prohibit use on New Year's Day, July 4 and New Year's Eve. Ohio's House Bill 172 let adults set off 1.4G fireworks on set holidays from July 1, 2022.

Oklahoma's Rocket's Red Glare Act of 2026 allows licensed sellers to sell year-round, and the State Fire Marshal says bottle rockets are now legal unless a city bans them. A 2025 Mississippi law reduced fireworks violations from a felony to a misdemeanor, and Arkansas reset its sale and use dates the same year. Not every state moved: Massachusetts still bans all consumer fireworks, sparklers included.

Sources: CPSC news release: CPSC Announces Final Order For Fireworks and Firecrackers (June 7, 1976) · Michigan Compiled Laws 28.452 (Fireworks Safety Act definitions) · Maine Revised Statutes, Title 8, section 221-A (definitions) · Kentucky Revised Statutes 227.715 · Iowa Code 727.2 (Fireworks) · New Jersey P.L. 2017, c. 92 · Florida Statutes 791.08 (Use during designated holidays) · Ohio Revised Code 3743.45 (effective July 1, 2022) · Oklahoma State Fire Marshal: press release on the Rocket's Red Glare Act (June 3, 2026)

What the injury numbers show

CPSC estimates fireworks injuries from a national sample of hospital emergency departments. It counts deaths from news reports and other sources and calls each year's death count a minimum. For 2025, CPSC reported at least 15 deaths and an estimated 13,000 emergency room injuries, including about 1,300 involving sparklers. For 2024, it reported 11 deaths and an estimated 14,700 injuries, about 52 percent more injuries than in 2023.

Over the longer run, injuries have gone up. CPSC's 2023 report estimates 7,000 injuries in 2008 and 9,700 in 2023, a statistically significant upward trend of about 561 more injuries per year. The peak was 15,600 in 2020, when CPSC says many public displays were canceled during the pandemic. CPSC found that about 66 percent of 2023's injuries came in the month around July 4. Hands and fingers were hurt most often (35 percent), followed by the head, face and ears (22 percent), and about 42 percent of injuries were burns.

CPSC also tests fireworks sold in the U.S. In fiscal year 2023, it found problems in about 18 percent of the products it selected and tested, such as faulty fuses, banned chemicals and too much pyrotechnic material. The figure was about 31 percent in 2021. CPSC's reports only count a firework as illegal if it breaks federal rules, not state law, and the figures are national, so they don't compare states.

Sources: CPSC news release: CPSC Shares Fireworks Safety Tips as America Turns 250 (June 24, 2026) · CPSC news release: CPSC Urges Fireworks Safety Ahead of July 4th Holiday (June 25, 2025) · CPSC: 2023 Fireworks Annual Report (June 2024) · CPSC news release: New CPSC Report Shows Significant Upward Trend in Fireworks-Related Injuries (June 28, 2022)

Calendars, local bans and fire danger

Many states limit fireworks to set dates. Most windows fall around July 4 and New Year's, but some states add holidays that matter to their residents. Arizona and Delaware include Diwali, Hawaii allows fireworks on Chinese New Year's Day, and New Mexico has sales periods before September 16 and Cinco de Mayo. Utah has a second July window, July 22 to 25, and Texas counties may add sales around Texas Independence Day and San Jacinto Day. Ohio's law lists about a dozen dates, including Juneteenth. Kansas leaves the timing of use to cities and counties.

In most states, cities or counties can limit or ban fireworks. Some states limit that power. Indiana, Michigan and Pennsylvania protect use on key holidays. New Jersey bars towns from adding rules for the sparkling devices it allows. In Oklahoma, counties may not ban private use on private property unless there is a burn ban or red flag fire warning, but cities keep full power. New York takes the opposite approach: counties and cities may ban the sparkling devices state law allows, and the state lists the ones that have, including Nassau, Suffolk and Westchester counties. In New York City, all consumer fireworks remain illegal.

Fire danger can override the calendar. Alaska's State Fire Marshal can suspend sale and use during high or extreme wildfire danger. During severe drought, New Mexico's cities and counties must ban some types, including rockets. Ohio's fire marshal says fireworks may not be used during drought or under a red flag warning. Oklahoma defines red flag conditions by wind speed, humidity and the moisture in dead plants.

Sources: Ohio Revised Code 3743.45 (effective July 1, 2022) · Oklahoma State Fire Marshal: press release on the Rocket's Red Glare Act (June 3, 2026) · New York DHSES: Sparkling Devices Information · Ohio State Fire Marshal: Ohio's Fireworks Law for Consumers (flyer)

Buying in one state, using in another

Sometimes fireworks are legal where they're sold but not where they're used. Ohio is a clear example. Before 2022, Ohio residents who bought 1.4G fireworks in the state had to take them directly out of the state within 48 hours. Under the current law, the State Fire Marshal says only fireworks bought in Ohio may be set off in Ohio.

Missouri licenses "jobbers" to sell fireworks for use outside the state all year. Buyers must sign a state form saying the fireworks are for use outside Missouri. Pennsylvania allows online and mail orders, but the fireworks must be picked up at a licensed permanent store. A 2026 Louisiana law bans direct-to-consumer shipping of fireworks by anyone, including out-of-state sellers and common carriers. A purchase in one state doesn't change the law where the fireworks are used: in states that ban possession, such as Massachusetts, having consumer fireworks is illegal wherever they were bought.

Sources: Ohio Revised Code 3743.45 (version effective September 29, 2015) · Ohio State Fire Marshal: Ohio's Fireworks Law for Consumers (flyer) · Missouri Division of Fire Safety: Fireworks · Pennsylvania State Police: Fireworks FAQ · Louisiana Act No. 857 of 2026 (HB 956, enrolled) · Massachusetts General Laws, chapter 148, section 39