rights of a atf licence do cops superced

[kaboom displays]

a friend of mine has a problem has someone calling police when he shoots fireworks i check out the townships rules there is nothing about shooting fireworks in any of their rule books the have one about noise but he is not shooting after the 10 pm curfue he said the cops told him that once someone complains their jurisdiction superceded others is this true or a bunch of bull crap

[tarkus4]

Well since you posted this in the display fireworks section I hope your friend has a permit. It doesn't matter what the township laws are, if you are using 1.3 you have to have a permit.

[kaboom displays]

i live in the same township and went to the township went through all their ordinces they have nothing about fireworks i also ask all supervisors the said i didnt have to get a permit just that i was responsible for anything that might happen

[displayfireworks1]

A “Permit” can be an actual piece of paper that says you have permission to shoot a display on a particular day. A “Permit” can also be a verbal OK from someone in official authority. A “Permit” can also be someone at the township telling you they have no fireworks ordinance.
An ATF license allows you to purchase and transport 1.3 fireworks and that is all it does.
Just because you have a “Permit” or a no ordinance “Permit”, it does not exempt you from behaving properly. Years ago, I had an official permit to shoot fireworks at a sportsman club I used to belong to. Because we had a permit, we blew shit up all day and night long, later that night a police officer showed up and said he received a complaint from a farm owner that his horses were going crazy. The police officer told us to shut it down and I did.
When I am lead shooting a commercial professional display I usually get a call from the main office asking, “Are the permits in order”. I also have been on commercial displays where a fire chief or police chief will tell you to stop a display irrespective of having a permit. Although they will usually have a good reason such as, wind etc.
This is what I always keep in mind when dealing with police and fireworks in a non-commercial shoot. Even with a permit and an ATF license, the police always have a way to arrest you. It is called “Disorderly Conduct”, I always say this is what police arrest you for when they do not know what to arrest you for. Before it is over you will be in front of the local magistrate and be glad to pay a $100.00 fine to have it reduce to “Traffic” and not show up on a criminal record search. Bottom line if the police tell you to shut it down it is best to stop.

[jknepp1954]

If your friend first of all DOES NOT have an ATF license in hand - he is breaking all kinds of laws - local, state and federal!
If he does have a ATF permit - that ONLY gives him the right to buy the 1.3 stuff - NO SHOOT IT. According to state law in its entirety:
FIREWORKS AND EXPLOSIVES
§ 1271. Definitions
The term “consumer fireworks” shall mean and include:
(1) Any combustible or explosive composition or any substance or combination of substances, intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and which complies with the provisions for “consumer fireworks” as defined in the American Pyrotechnics Association (APA) Standard 87-1, or any successor standard.
(2) The term does not include devices as “ground and hand-held sparkling devices,” “novelties” and “toy caps” in APA Standard 87-1, the sale, possession and use of which shall be permitted at all times throughout this Commonwealth.
The term “display fireworks” shall be defined as provided in 27 CFR § 555.11 (relating to meaning of terms).
The term “municipalities” shall include cities, boroughs, incorporated towns and townships.
1939, May 15, P.L. 134, § 1. Amended 1959, June 24, P.L. 486, § 1; 1973, Nov. 9, P.L. 335, No. 112, § 1; 2004, Nov. 30, P.L. 1598, No. 204, § 2, imd. effective.
§ 1273. Licensee’s bond
The governing body of the municipality shall require a bond deemed adequate by it from the licensee in the sum not less than five hundred dollars ($500) conditioned for the payment of all damages which may be caused either to a person or persons, or to property by reason of the licensed display and arising from any acts of the licensee, his agents, employes or subcontractors.
1939, May 15, P.L. 134, § 3.
§1274. Extension of permit when display prevented by unfavorable weather
If by reason of unfavorable weather the display for which a permit has been granted does not take place at the time so authorized, the person to whom such permit was issued may within twenty-four hours apply to the authority having granted the same, setting forth under oath the fact that such display was not made, given the reason therefore, and requesting a continuance of such permit for a day designated therein, not later than one week after the day fixed originally in said permit. Upon receiving such application for a continuance the said authority, if it believes the facts stated therein are true, shall extend the provisions of said permit to the day fixed in said application, not later than one week after the original day designated in the permit, and such extension of time shall be granted without the payment of any additional fee and without requiring bond other than the one given for the original permit, the provisions of which shall extend to and cover all damages which may be caused by reason of the said display taking place at such extended date in the same manner and to the same extent as if such display had taken place at the date originally fixed in the permit.
1939, May 15, P.L. 134, § 3.1, added 1941 June 18, P.L. 132, § 1.
§ 1275. Sale, possession and use of fireworks
Nothing in this act shall be construed to prohibit any licensed facility from selling any consumer fireworks or the year-round sale of any kind of consumer fireworks, to out-of-State residents whose status is verified to the licensee, provided the licensee retains proof of such status and produces it for review upon request of the Department of Agriculture and provided the same are to be transported directly out of state by the seller or purchaser. Consumer fireworks and display fireworks may be possessed and used by a person holding a permit from any municipality at the display covered by such permit, or when used as authorized by a permit for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage, or the use by railroads or other transportation agencies for signal purposes or illumination, or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theatre, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or organizations composed of veterans of the United States Army or Navy. No such permit shall be issued to a person younger than eighteen (18) years of age.
1939, May 15, P.L. 134, § 4, amended 1956, Feb. 10, P.L. (1955) 1033, § 1; 2004, Nov. 30, P.L. 1598, No. 204, § 4, imd. effective.
§ 1275.1. Local Permits for use of fireworks for agricultural purposes
The governing body of any city, borough, town or township shall have the power, under reasonable rules and regulations adopted by it, to grant permits for the use of suitable fireworks for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage. Such permits shall be good for the calendar year in which issued. After such permit has been granted, sales, possession and use of fireworks of the type and for the purpose mentioned in the permit shall be lawful for that purpose only.
1939, May 15, P.L. 134, § 4.1, added 1956, Feb. 10, P.L. (1955) 1033, § 2.
§ 1275.2. Supervised public displays permitted; permits
Permission shall be given by the governing body of any city, borough, town or township under reasonable rules and regulations for displays of consumer fireworks and display fireworks to be held therein. Every such display shall be handled by a competent operator and shall be of such a character and so located, discharged or fired as, in the opinion of the chief of the fire department or other such officer as may be designated by the governing body of the municipality, after proper inspection, to not be hazardous to property or endanger any person or persons. After such privilege shall have been granted, possession and use of consumer fireworks and display fireworks for such display shall be lawful for that purpose only. No permits shall be transferable.
1939, May 15, P.L. 134, § 4.2, added 2004, Nov. 30, P.L. 1598, No. 204, § 5, imd. effective.

sec 1275.2 about the permits - yeah i hear sometimes that twp says "oh we don't have anything on the books that covers this". BUT from my personal experience even try to get a paper from them that says this on their letterhead. THAT IS AS GOOD AS GOLD!.
However, sometimes you can get the local fire dept chief to sign off on a permit. Check that out if they will do.
Kaboom - give me a call or pm if any other questions - i personally have come across many really weird circumstances over the years - hopefully i can help you.
Even if permit in hand, noise ordinances take precendent - unless in that permit you have covered that part.
You have neighbors you need to get along with - don't let your pyro fever cause you to be a JERK with them. inviting the neighbors helps as well. If they are invited - they are less likely to cause a scene.

[kaboom displays]

displayfireworks and jknepp1954 thank for the help this helps me to help him out

[yetichow]

Over the weekend I shot off (2) 3" salutes mid afternoon and later I had a phone message from the local police station saying I needed to call because they received a complaint. Later the cop showed up and said he knew I had an ATF license but I needed to be curtious to my neighbors. He said once they receive a complaint it falls into the juristiction laws. He asked if I ever had complaints and I indicated no and told him that we have a party around the 4th every year and invite the neighborhood. He just said he would note down the date and let the other officers know in case they got a call and that was it. I know the neighbor that called has horses and I am going to call and discuss with them on how we can work together to allow me to shoot. I don't plan on shooting salutes every weekend but would like to shoot them once in a while without the cops showing up. Also our township doesn't require any permits.

[jknepp1954]

Be courteous to your neighbors - especially when there is livestock involved. When folks come up to our place our neighbors has horses and a couple head of young beef cattle. They didn't seem to mind as they were use to the noise.
And then a few years ago we got NEW neighbors with horses. and they were not use to the sounds and very skittish - so we don't do too much anymore here.