Fireworks Law in Pennsylvania
The Pennsylvania General Assembly passed House Bill 542 in October of 2107. This bill was subsequently signed into law by the Governor.
PA residents can now purchase and use “Class C” fireworks. These fireworks are commonly known as consumer-grade fireworks. These can include firecrackers, bottle rockets, and other fireworks that contain a maximum of 50 milligrams of explosive materials. These were previously available for out of state residents.
Display fireworks or “Professional Grade” are fireworks that contain more than 130 grains of explosive material. These can still only be used by professionals that have proper permits through the state and local governing bodies.
High explosive fireworks including M-80s, M-1000s, quarter and half sticks are still illegal and cannot be used or possessed.
The new law for consumer grade fireworks is as follows:
Title 72 Section 9404 – Use of Consumer Fireworks
(a) Conditions – A person who is at least 18 years of age and meets the requirements of this article may purchase, possess, and use consumer fireworks
(b) Prohibitions – A person may not intentionally ignite or discharge:
(1) Consumer fireworks on public or private property without the express permission of the owner.
(2) Consumer fireworks or sparkling devices within, or throw consumer fireworks or sparkling devices from, a motor vehicle or building.
(3) Consumer fireworks or sparkling devices into or at a motor vehicle or building or at another person.
(4) Consumer fireworks or sparkling devices while the person is under the influence of alcohol, a controlled substance or another drug.
(5) Consumer fireworks within 150 feet of an occupied structure.
Section 2414. Penalties.
The following shall apply:
(1) A person using consumer fireworks in violation of the provisions of this article commits a summary offense and, upon conviction, shall be punished by a fine of not more than $100.
(2) A person selling consumer fireworks in violation of the provisions of this act commits a misdemeanor of the second degree.
(3) A person selling display fireworks in violation of the provisions of this act commits a felony of the third degree.
(4) A person selling federally illegal explosives such as devices as described in 49 CFR 173.54 (relating to forbidden explosives) or those devices that have not been tested, approved and labeled by the United States Department of Transportation, including, but not 8 limited to, those devices commonly referred to as "M-80," "M-100," "blockbuster," "cherry bomb" or "quarter or half stick" explosive devices, in violation of the provisions of this act commits a felony of the third degree.
Section 2415. Removal, storage and destruction.
The Pennsylvania State Police, a sheriff or police officer shall take, remove or cause to be removed at the expense of the owner all stocks of consumer fireworks or display fireworks or combustibles offered or exposed for sale, stored or held in violation of this article. The owner shall also be responsible for the storage and, if deemed necessary, the destruction of these fireworks.