With the Fourth of July rapidly approaching, inspectors across the country are ramping up efforts to stop illegal firework use and sales.
While there's nothing more American than celebrating our independence by shooting off fireworks, the pyrotechnics are heavily regulated from state to state and are not legal everywhere.
The federal government prohibits the sale of the most dangerous types of
fireworks. Banned fireworks include: large reloadable mortar shells, cherry bombs, aerial bombs, M-80 salutes and larger firecrackers containing more than two grains of powder. Mail-order kits designed to build these fireworks are banned as well.
Some fireworks are also banned if they look like candy and food. Dragon eggs that look like foil wrapped chocolate candy kisses, cracker balls that look like breakfast cereal, and smoke devices that look like cherry bombs or "M-80's" are all banned fireworks devices.
Legal consumer fireworks generally include: shells and mortars, multiple tube devices, Roman candles, rockets, sparklers, firecrackers with no more than 50 milligrams of powder, and novelty items, such as snakes, airplanes, ground spinners, helicopters, fountains and party poppers.
According to an analysis by Reader's Digest, 49 states plus Washington, D.C., allow consumer fireworks in some form. The only state where consumer fireworks are banned is Massachusetts.
States that permit a majority of consumer fireworks include: Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington and West Virginia.
States that allow non-aerial and non-explosive fireworks -- also known as "safe and sane" -- include: Arizona, California, Colorado, Connecticut, Delaware, Idaho, Illinois, Maryland, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, D.C. and Wisconsin.
While each state has different laws about what types of fireworks are allowed, all legal devices must comply with mandatory safety regulations issued by the U.S. Consumer Product Safety Commission. The regulations include several safety measures and performance requirements to minimize the risk of injury from fire, flames, fragments, explosions and damaging sound to users or bystanders -- including a requirement that fuses burn at least three seconds but no longer than nine seconds. All fireworks must also carry a warning label describing necessary safety precautions and instructions for safe use.
According to a CPSC report from 2022, the latest year with data available, approximately 43% of selected and tested fireworks were found to contain illegal components that could cause severe injuries. These components include fuses that do not comply with the law, the presence of prohibited chemicals, and pyrotechnic materials overload.
The data also shows there were an estimated 10,200 fireworks-related injuries and 11 deaths in 2022, mostly associated with mortar-style devices. Five of those deaths were associated with fireworks misuse, with victims ranging in age from 11 to 43.
"Fireworks are beautiful to watch, but they can be deadly when mishandled or misused, or if the fireworks themselves contain illegal components," CPSC Chair Alex Hoehn-Saric said in a statement. "I urge everyone to use care around fireworks, only use fireworks labeled for consumer use, and always keep children far away from fireworks, including sparklers. We want everyone to have a fun and safe celebration."