Summer is finally here and many of you have been waiting all winter to get outside, have a barbeque and a cold beverage, and light off some beautiful fireworks!
Before you run to the local store to make your purchase, here is a summary of the Wisconsin fireworks law regarding which fireworks are legal and which are illegal.
Please note the guidelines listed below apply to the state law. Some materials described as legal according to state law may be prohibited by a local ordinance.
Generally, no permit is needed for sparklers, stationary cones and fountains, toy snakes, smoke bombs and caps, noisemakers and confetti poppers with less than 1/4 of a grain of explosive mixture.
Legal Without a Permit:
State law allows the sale, possession and use, without a permit, of sparklers not exceeding 36 inches in length, stationary cones and fountains, toy snakes, smoke bombs, caps, noisemakers and confetti poppers with less than ¼ grain of explosive mixture. Wis. Stat. § 167.10(1)
There is no age restriction on sale, possession or use of these devices and the statute does not classify them as fireworks. The use and sale of some of these items may be prohibited by local ordinances. These are the only kinds of "fireworks," as that word is commonly used, that a person may use or possess without a permit or that may be sold to a person who does not have a permit.
Illegal Without a Permit:
Possessing or using any other fireworks, including, for example, firecrackers, roman candles, bottle rockets and mortars, is illegal in Wisconsin without a valid permit. Wis. Stat. § 167.10(3)
A commonly used rule of thumb is that a permit is required if the device explodes or leaves the ground. The sale of these fireworks to a person without a valid permit is also illegal, Wis. Stat. § 167.10(2), unless the seller is a wholesaler or jobber selling fireworks to a nonresident for shipment out of state. Wis. Stat. § 167.10(4)
It’s true that many people ignore the state statute and local ordinances. If caught, the penalty could be $1,000 for each firework in your possession.
Police also can seek an injunction against your using fireworks as a nuisance. If you violate that legal decree, you could be charged with a misdemeanor punished by a fine of up to $10,000 and up to nine months in jail.
If you have questions or are in need of any legal help, contact us today. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
