Fire & Explosive Investigations

Crime Solvers Tip Line 240-773-5038

Questions you may have about fireworks.

• What fireworks are legal?
  In Montgomery County, all fireworks are illegal to possess or discharge including gold label sparklers.
  
  Snap-and-pop noise makers, snakes, and party poppers are the only exception to this law.
  
  
• Can I receive fireworks at my home through the mail?
  No. Use of the mail for the transportation of fireworks for use in the State of Maryland is illegal.
  
  
• Can I have a private fireworks display at my residence with proper permits?
  No. You can’t have a private display; however, you can have a public display with proper permits and insurance.
  
  
• Can I receive fireworks at my residence delivered by public carrier?
  No. It doesn't matter where the fireworks are purchased or how they are brought into Maryland. Fireworks are still illegal.

Leave Fireworks To The Professionals
Protect The Ones You Love

Montgomery County Fire Safety Code:
Section 22-70: Fireworks.

1. Montgomery County recognizes fireworks as the definition printed above. Any possession or discharging of fireworks is in direct violation of this code and is subject to misdemeanor charges and fines not to exceed $500.
   
2. It is illegal to manufacture fireworks within Montgomery County.
   
3. Possession or use. Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sell, expose for sale, sell or use, burn or explode any fireworks; Provided that the possession, sale or discharge of fireworks are permitted when such activities are conducted under a permit issued by the State Fire Marshal.

5. Storage. No person shall keep or store fireworks in the county for a period in excess of eight hours unless such person shall have a valid permit from the State Fire Marshall for a display within the county and unless such storage site has been approved by the director.

1. A permit in accordance with the provisions of the Code for Model Rocketry, NFPA #41-L, shall be obtained before launching any model rocket.
   
2. The provisions of the Code for Model Rocketry, NFPA #41-L, shall apply to all model rocketry activities.
   
3. Any model rocketry or model rocket engine that does not comply with the requirements for construction in the standard adopted in subsection (b) of this section shall be considered a dangerous rocket. Any person who shall construct, manufacture, possess, give away, sell or launch such dangerous rockets shall be subject to the provision of the fireworks section of this chapter.
   

Maryland Definition of Fireworks:
Article 38A-15. Definitions.

1. The term “fireworks” as used in this subtitle means firecrackers, squibs, rockets, Roman candles, torpedoes, bombs, grenades, fire balloons, signal lights, and any combustible, explosive or implosive composition etc..
   
2. Class “B” fireworks means special fireworks, designed primarily to produce visible or audio effects by combustion or explosion.
   
3. Class “C” fireworks means common fireworks, designed primarily to produce visible effects by combustion. Some small devices designed to produce an audible effect are included, but only when containing less than two grains of pyrotechnic composition.
   

Article 38A-16. Permits to discharge or sell.

1. Discharge. It is unlawful for any person to discharge fireworks without a permit issued pursuant to this subtitle, or to possess fireworks, either with the intention of discharging or permitting the discharge thereof in violation of this subtitle, or for the purpose of disposal or sale to persons for use or discharge without a permit, where a permit is required by this subtitle.
   
2. Sales. It is unlawful for any person to sell fireworks to any person without a permit issued pursuant of this subtitle.

Article 38A-17. Penalty for violations; seizure and removal of fireworks.

1. Any person possessing or discharging fireworks in violation of this subtitle is guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine of not more than $500. Any person selling fireworks in violation of this subtitle is guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine of not more than $1000.
   

NOTE:

Definition of explosives was changed to include bombs and destructive devices designed to operate chemically, mechanically, or explosive action. In addition, matches when not used in their original configuration, are considered explosive materials.

Under the explosive law, the State Fire Marshal has the right to confiscate any motor vehicle, or other vehicle, vessel or aircraft used in the concealment, conveying, or transporting of any explosive during the course of any violation of the explosive laws. Confiscated items can be used by the agency or sold and the monies reverted back to the agency.

Anyone who aids or abets in the above violations and found guilty is subject to the penalties of Conspiracy - Article 27, Section 38.