In 2017, ex-Governor Chris Christie signed a law passed by the New Jersey Legislature allowing for the sale, possession, storage, and use of certain sparklers and other non-exploding, non-aerial fireworks by persons 16 years of age or older. Several local stores and fireworks vendors have started to sell fireworks in New Jersey. These fireworks comply with the new New Jersey Law but individuals, who are not used to seeing fireworks for sale, have interpreted the sale of these non-Aerial fireworks, as all fireworks are legal in New Jersey. The truth is that the law allows the legal use of only the most simple of fireworks. That doesn’t mean those fireworks should not be handled with care and under adult supervision. These legalized fireworks still post an injury risk including a burn and a fire risk.
The Fireworks Law in New Jersey prohibits the sale, possession, or use of fireworks other than by an authorized purchaser with a valid permit to purchase fireworks for public display as approved by a municipality. A person who unlawfully sells fireworks is guilty of a fourth degree crime, which is punishable by imprisonment of up to 18 months, a fine of up to $10,000, or both. A person who unlawfully purchases, possesses, or uses fireworks is guilty of a petty disorderly persons offense, which is punishable by up to 30 days’ imprisonment, a fine of up to $500, or both.
The 2017 Fireworks law authorized the sale, possession, and use of sparkling devices and novelties by persons at least 16 years old. Under the new law, sparkling devices and novelties refer to: sparklers, snakes, and glow worms; smoke devices; and trick noisemakers, including party poppers, snappers, and drop pops. In addition, the bill prohibits the regulation of these non-exploding, non-aerial fireworks by a local governing body.
So, the Fireworks law in New Jersey hasn’t change a lot. You can’t purchase and/or legally use fireworks that have the capacity to fly into the air. So, the Fireworks that your neighbors set off in the middle of the street or in their backyards and that you see illuminating your sky or exploding in mid-air are still illegal to use in the State of New Jersey. So, the Fireworks stores in Pennsylvania, some of which are right on the State of New Jersey border, do not have to worry about competition for fireworks that most people consider essential to their local fireworks display.
The Consumer Product Safety Commission, the federal agency tasked with protecting the public from defective products, in a special study about fireworks found that in the year 2016:
68% of all fireworks injuries were sustained during the 30-day period surrounding the July 4th holiday;
1,100 injuries occurred nationwide due to fire-works, most often with burns to the hands and head, including to the eyes, face, and ears;
31% of the injuries reported occurred to kids under the age of 15; and
There were four reported deaths.
Fires are another result of the use of fireworks by inexperienced people. According to the National Fire Protection Association, on July 4th Celebrations in a typical year, far more fires are reported than on any other day, and fireworks account for two out of five of those fires, more than any other causes of fire.
The Association reports that on average each year, fireworks cause an estimated 18,500 reported fires: