Montana: Are fireworks legal?
Montana allows consumer fireworks meeting federal standards, sold only June 24 to July 5 and December 29 to 31.
State law makes it lawful to sell and use 'permissible fireworks'. These are defined as consumer fireworks under federal rules, a class that includes aerial items. Retail sales are limited to June 24 through July 5 and December 29 through 31. Fireworks may not be set off in state parks, forests or recreation areas, within 100 feet of a fireworks stand, from or toward a vehicle, or near people or animals in a way likely to cause injury. City and town councils may regulate or ban fireworks.
Conditions
- Retail sales only June 24 to July 5 and December 29 to 31
- Sellers must be 18 or older
- No use in state parks, state forests or state recreation areas, or within 100 feet of a fireworks stand
- No mail-order sales
What the law says
Subject to subsection (2), it is lawful for an individual, firm, partnership, corporation, or association to possess for sale, sell or offer for sale at retail, or use within the state the permissible fireworks enumerated in 50-37-105. ... Permissible fireworks include and are limited to those that meet the definition of consumer fireworks as provided in 27 CFR 555.11 and that comply with the construction, chemical composition, and labeling regulations of the U.S. consumer product safety commission, as set forth in 16 CFR, parts 1500 and 1507.
Sources
- MCA 50-37-104 (lawful sales and uses) Official · mca.legmt.gov
- MCA 50-37-105 (permissible fireworks) Official · mca.legmt.gov
- MCA 50-37-106 (sale dates) Official · mca.legmt.gov
- MCA 50-37-103 (unlawful acts) Official · mca.legmt.gov
- MCA § 7-33-4206 Official · mca.legmt.gov
Confirm with the state
- Agency
- Montana Department of Justice, Fire Prevention and Investigation Section (State Fire Marshal)
- Website
- dojmt.gov
How bordering states compare
- Idaho Sparklers and ground fireworks onlyIdaho allows only nonaerial fireworks such as fountains, sparklers and ground spinners; aerial fireworks and firecrackers require a local event permit.
- North Dakota Aerial fireworks allowedNorth Dakota lets anyone 12 or older buy a state-listed set of fireworks, including small rockets, aerial shells, helicopters and tiny firecrackers.
- South Dakota Aerial fireworks allowedSouth Dakota allows the full range of consumer fireworks, but only during set summer and New Year's periods.
- Wyoming Aerial fireworks allowedWyoming allows federally approved consumer fireworks, including aerial ones, unless a county or city bans them.