What Fireworks Are Illegal in Massachusetts?
All fireworks are illegal in Massachusetts for private use. As of June 2020, Massachusetts is the only state in the United States with a full ban on all consumer fireworks.
Chinese lanterns or sky lanterns are also illegal in Massachusetts, because they are considered fireworks under the law. Some communities in the state have allowed sky lanterns, however.
The Massachusetts fireworks ban extends to items that are legal in 49 other states. Criminal penalties for the use and possession of fireworks in Massachusetts are light, but the Massachusetts fireworks ban does place a heavy burden of civil liability on those who choose to ignore the law.
Are Sparklers Legal in Massachusetts?
No, even sparklers are banned, along with just about anything that has a fuse, emits sparks or has the ability to explode.
The following is a list of the fireworks that are considered illegal in Massachusetts:
- Firecrackers
- Bottle rockets and sky rockets
- Aerial repeaters, also known as cakes
- Single-shot aerials and reloadable aerial tubes
- Sparklers
- Party poppers
- Snakes
Massachusetts has the most restrictive fireworks laws in the United States. Even Delaware, the only other state with a ban on consumer fireworks, allows people to have sparklers.
What are the criminal penalties for illegal fireworks in Massachusetts?
Despite the universal ban of fireworks in Massachusetts, criminal penalties for possession of illegal fireworks in Massachusetts are relatively weak. You cannot be arrested for simply possessing fireworks. You may be fined up to $100.00 for possession; however, police are required to confiscate the fireworks.
Note that while possession by itself is not an arrestable offense, other actions taken by an individual could be. If you are attempting to damage property or to harm or harass other people, you may be arrested for reckless conduct. You may still be required to appear in court to have a fine assessed.
You may be arrested if you sell fireworks in Massachusetts. Arrest in cases of possession with intent to distribute is at the discretion of police. At a minimum, the fireworks will be confiscated and you could be fined up to $1,000.00.
What are the civil penalties for illegal fireworks in Massachusetts?
Because possession of fireworks is illegal in Massachusetts, accidents involving fireworks can result in civil liability. Yet it can be difficult to obtain compensation for burn injuries caused by illegal fireworks.
There are certain situations where civil liability might apply:
- If the homeowner invites people to his or her property for the purpose of seeing fireworks and participates in lighting fireworks.
- If an individual directly furnishes fireworks to another individual or allows another individual to obtainBrinin fireworks through easy access. Giving fireworks to a child or placing fireworks in areas where children may believe they have free access to them could trigger significant liability, even though Massachusetts law makes no distinction between adults and children with regard to fireworks possession.
- If an individual uses fireworks in a manner reasonably likely to cause fire or injury, such as firing aerials in a confined space, pointing fireworks directly at another individual or using fireworks in an area where combustible materials are stored or there is an above-average fire risk.
In short, if someone is hurt with fireworks that you light or that you provide, or if you set off fireworks that cause a fire leading to injuries, you may be liable for civil damages. If you are injured by fireworks, or by a fire caused by fireworks, you may need to know who purchased those fireworks to prevail in a civil lawsuit.
In the event of an injury, you need an experienced personal injury attorney to help you navigate the rules of civil liability. Sheff Law provides every client with a team of experienced attorneys who will fight to get you the compensation you deserve. We provide a free, no-obligation consultation to help you understand the merits of your civil case. Contact us online or call us at 1-888-423-4477.
