New Mexico: Are fireworks legal?
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
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
- NMSA 1978 § 60-2C-7 (Permissible fireworks) Mirror of official text · codes.findlaw.com
- NMSA 1978 § 60-2C-8 (Retail sales; sale periods; minors) Mirror of official text · codes.findlaw.com
- NMSA 1978 § 60-2C-8.1 (Drought restrictions) Mirror of official text · codes.findlaw.com
Confirm with the state
- Agency
- New Mexico State Fire Marshal's Office
How bordering states compare
- Arizona Sparklers and ground fireworks onlyArizona allows sparklers, fountains and other ground devices, but bans aerial and exploding fireworks such as firecrackers, bottle rockets and Roman candles.
- Colorado Sparklers and ground fireworks onlyColorado allows fountains, sparklers, wheels and similar 'permissible fireworks,' but bans aerial devices and firecrackers.
- Oklahoma Aerial fireworks allowedOklahoma allows consumer fireworks, including aerial ones, and a 2026 law permits year-round sales and makes bottle rockets legal.
- Texas Aerial fireworks allowedTexas allows the public to buy consumer (1.4G) fireworks, including aerial items, from licensed retailers during set sale periods.
- Utah Aerial fireworks allowedUtah allows aerial cakes up to 500 grams and other common consumer fireworks, but bans firecrackers, bottle rockets, Roman candles and aerial shells.
All 50 states for this question · Other topics in New Mexico