Safety of Consumer Fireworks in USA

Availability and use of consumer fireworks are hotly debated topics. Critics and safety advocates point to the numerous injuries and accidental fires that are attributed to fireworks as justification for banning or at least severely restricting access to fireworks. Complaints about excessive noise created by fireworks and the large amounts of debris and fallout left over after shooting are also used to support this position. There are numerous incidents of consumer fireworks being used in a manner that is supposedly disrespectful of the communities and neighborhoods where the users live.

Meanwhile, those who support more liberal firework laws look at the same statistics as the critics and conclude that, when used properly, consumer fireworks are a safer form of recreation than riding bicycles or playing soccer.[7]

The Consumer Product Safety Commission has guidelines concerning the standard of consumer fireworks sold in the US. Together with US Customs, they are very proactive in enforcing these rules, intercepting imported fireworks that don't comply and issuing recalls on unacceptable consumer fireworks that are found to have "slipped through". Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the federal agency that regulates explosives, including Display Fireworks in the US.

Many states have laws which further restrict access to and use of consumer fireworks, and some of these states vigorously enforce them. Each year, there are many raids on individuals suspected of illegally possessing fireworks.

In 1998, a non-profit organization called American Fireworks Safety Laboratory (AFSL) was established to develop a voluntary fireworks standard for the US to which members would adhere.[8]

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as well as the U.S. Consumer Product Safety Commission (CPSC) have general jurisdiction over what types of fireworks may be legally sold in the United States. The federal law is only the minimum standard however, and each state is free to enact laws that are more stringent if they so choose. Citing concerns over fireworks safety, some states, such as California, have enacted legislation restricting fireworks usage to devices that do not leave the ground, such as fountains. North Carolina limits fireworks to a charge of 200 grams of blackpowder. States such as Arizona, New York, Rhode Island, Massachusetts, and Delaware ban all consumer fireworks completely. New Jersey has recently revoked the ban on all fireworks. Maine only allows sparklers. On the other hand, states such as South Dakota, South Carolina and Tennessee allow most or all legal consumer fireworks to be sold and used throughout the year. New Mexico in some cases, will not allow fireworks from individual residents if the fireworks are said to detonate over 5 feet (1.5 m) in height.

Illinois only permits sparklers, snake/glow worm pellets, smoke devices, trick noisemakers, and plastic or paper caps.[9] However, many users travel to neighboring states such as Indiana, Missouri, Kentucky, and Wisconsin to obtain fireworks for use in Illinois.[10] This situation is similar to the plight of many St. Louis residents as fireworks are illegal within both city and county limits. However, fireworks are readily available in nearby St. Charles County.

Pennsylvania is somewhere in between. The law only allows fireworks that don't leave the ground to be sold and used by residents. Yet residents from out of state and Pennsylvania residents with a permit can buy any consumer fireworks from an outlet.

Differences in legislation among states have led many fireworks dealers to set up shop along state borders in order to attract customers from neighboring states where fireworks are restricted. Some Native American tribes on reservation lands show similar behavior, often selling fireworks that are not legal for sale outside of the reservation.

The type of fireworks sold in the United States vary widely, from fireworks which are legal under federal law, all the way to illegal explosive devices/professional fireworks that are sold on the black market. Both the illicit manufacture and diversion of illegal explosives to the consumer market have become a growing problem in recent years.

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