North Dakota: Are fireworks legal?
North Dakota lets anyone 12 or older buy a state-listed set of fireworks, including small rockets, aerial shells, helicopters and tiny firecrackers.
Instead of using the federal consumer class, state law lists the items licensed retailers may sell, with weight limits: rockets, helicopters, fountains, wheels, sparklers, mortar-style comets and shells without a report, small soft-shell firecrackers, and whistles. Bottle rockets under 5/8 inch by 3.5 inches and shells designed to bang are not on the list, and some larger products sold in other states may exceed the weight caps. Retail sales are allowed only June 27 to July 5 and December 26 to January 1. City licensing replaces county licensing where a city requires it. State law bans using fireworks except as the chapter provides and authorizes sales to anyone 12 or older, so private use is inferred from those sales rules.
Conditions
- Must be 12 or older to buy
- Retail sales June 27 to July 5 and December 26 to January 1
- Only listed items within statutory weight limits
- City and county rules may add limits
What the law says
Any person operating a retail business and who has a retail license as provided in section 23-15-04 may offer for sale and sell at retail that year, to any individual who is at least twelve years of age, only during the periods of June twenty-seventh through July fifth and December twenty-sixth through January first, the following items: a. A star light, with wood spike cemented in one end, total pyrotechnic composition not to exceed twenty grams each in weight (10 ball). ... h. A comet or shell, of which the mortar is an integral part, except a comet or shell designed to produce an audible effect, total pyrotechnic composition not to exceed forty grams each in weight. i. A soft shell firecracker not to exceed one and one-half inches [38.1 millimeters] in length and one-fourth inch [6.35 millimeters] in diameter, total pyrotechnic composition not to exceed fifty milligrams each in weight.
Sources
- N.D. Cent. Code ch. 23-15 (§§ 23-15-01, 23-15-02) Official · ndlegis.gov
Confirm with the state
- Agency
- North Dakota Office of Attorney General (State Fire Marshal Division)
- Phone
- 701-328-2210
- Website
- attorneygeneral.nd.gov
How bordering states compare
- Minnesota Sparklers and ground fireworks onlyMinnesota allows sparklers, fountains and other non-aerial, non-explosive items, but bans fireworks that explode or fly.
- Montana Aerial fireworks allowedMontana allows consumer fireworks meeting federal standards, sold only June 24 to July 5 and December 29 to 31.
- South Dakota Aerial fireworks allowedSouth Dakota allows the full range of consumer fireworks, but only during set summer and New Year's periods.
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