New Mexico · NM · Home & property

New Mexico: Are fireworks legal?

Aerial fireworks allowed

New Mexico lets the public buy and use consumer fireworks, including aerial items and firecrackers, though cities and counties may ban those two groups.

State law lists sparklers and fountains, aerial devices such as Roman candles, rockets and multi-tube cakes, and ground audible devices such as firecrackers as permissible fireworks. Small stick rockets (bottle rockets under 5/8 inch by 3.5 inches) are not allowed. Retail sales run June 20 to July 6 and a few days before New Year's Day, Chinese New Year, September 16 and Cinco de Mayo, and sales to children under 16 are illegal. Cities and counties may ban aerial and ground audible devices, and during severe drought they must ban rockets, helicopters, aerial spinners and ground audible devices.

Conditions

  • Must be 16 or older to buy
  • Retail sales June 20 to July 6, plus days before New Year's Day, Chinese New Year, September 16 and Cinco de Mayo
  • Cities and counties may ban aerial and ground audible devices
  • Drought proclamations ban rockets, helicopters, aerial spinners and ground audible devices
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What the law says

A. Permissible fireworks are: (1) ground and hand-held sparkling devices: ... (2) aerial devices: (a) aerial shell kit-reloadable tubes; (b) aerial spinners; (c) helicopters; (d) mines; (e) missile-type rockets; (f) multiple tube devices; (g) roman candles; (h) shells; and (i) stick-type rockets, except as provided in Subsection B of this section; and (3) ground audible devices: (a) chasers; and (b) firecrackers. ... A municipality or county shall not by ordinance regulate and prohibit the sale or use of any permissible firework except aerial devices and ground audible devices.

Sources

Confirm with the state

Agency
New Mexico State Fire Marshal's Office

How bordering states compare

Last verified · Confidence: High · How we research · Report an error

High confidence: an official source names this explicitly, and the quote above shows it.