New PA firework laws hit home

[Birdman]

I just learned the city that I reside in has banned fireworks per the new state laws that allow individual municipalities to do so. The new city law not only bans use, but also possession. That is a real concern for me because even though I don't shoot fireworks at home, I do store all of my 4th fireworks at home. With the new law passed I can no longer store my fireworks at home legally without fear of them being confiscated. I use to be concerned about theft now I need to be concerned about confiscation for merely having them on my property. I can provably arrange to store them in another city but what a PITA that will be.

[Rick_In_Tampa]

Maybe a friend in another township where it's legal will let you use his shed or basement. I'm sure people rent storage units to do this, but the storage people don't appreciate that.

[Birdman]

As of now I could keep my stash at my brothers but it will create yet another logistics hassle for me and prevent me from doing even more early prep work. Where there is a will there is a way but man I just can't catch a break the last couple of years.

[Engineer Cat]

That's such bullshit. Are there people abusing the state law? I know you don't but did something happen in town that made them do this?

[jknepp1954]

I just learned the city that I reside in has banned fireworks per the new state laws that allow individual municipalities to do so. The new city law not only bans use, but also possession. That is a real concern for me because even though I don't shoot fireworks at home, I do store all of my 4th fireworks at home. With the new law passed I can no longer store my fireworks at home legally without fear of them being confiscated. I use to be concerned about theft now I need to be concerned about confiscation for merely having them on my property. I can provably arrange to store them in another city but what a PITA that will be.

YEs they can now set laws to not allow the use.....but I don't think they can out law possession....Something fishy there.

[Salutecake]

I would definitely check into the possession thing. Fireworks are legal in the state. That's like the bigger cities like Philly and Pittsburg use to try to ban people with conceal carry permits. The permit was issued through your county but was actually a State wide thing, so although the cops in those cities (years ago) would give you a hard time there was not much they could do about it. The possession thing might be a little fishy as Joyce says.

[Birdman]

So far this is the only official statement I've seen...."If we make them illegal in the city, they're illegal to own and shoot off," said Easton Mayor Sal Panto. "It gives our police officers the tool that they can now confiscate them."

Does that mean they can only confiscate if caught using them illegally or does that mean mere possession is banned in the city? This is something I need to look into. My guess is that unless you're using them they are not going to bother you but I don't trust that they wouldn't see my 4th stash as a dangerous amount worthy of getting some local headlines and making an example out of me. There's the intent of a law but we all know that the police don't always follow the intent but will instead follow the letter of the law as they see fit.


That's such bullshit. Are there people abusing the state law? I know you don't but did something happen in town that made them do this?

Nothing in particular happened but the town is nearly 100% urban and therefore there are no properties where you could legally light them off. It's not unusual to see/hear fireworks most any night during the spring/summer months. Although this year has been fairly quiet compared to other years. This has been a common trend as each year it seems use has decreased. There has been a very vocal group of residents on social media that regularly complain about fireworks that likely prompted this law. Even I'll admit I've seen a lot inappropriate use, to put it lightly.

[Mattp]

For some reason I can’t copy and paste ,, or copy the link ,, but I just found the new firework ordinance for Easton,, comes right up with a google search,,,it just says you cannot discharge fireworks on any public property, or street/sidewalk ,, or on any personal property without 150’ Distance to any buildings or vehicles ,,, I didn’t see anything about storing or possessing, and technically you can still use them if you have enough property

[PG2159]

I saw this in WFMZ as well. The gyst of what I was capturing was the focus of this ordnance is providing the AHJ the ability to confiscate product, most specifically related to a subject shooting them off. Prior to this, the police who get a complaint, go to the location, give a warning, and when they leave they(offenders) would just keep shooting off their product. This ordinance gives the police department authority to confiscate that product. Which is silly considering there are 3 consumer firework retailers just outside of the city (Williams Twp I believe).

[Birdman]

Here's a different quote from another article..."Under the new law, authorities have the right to confiscate any unused fireworks to the extent allowed under Pennsylvania law."

[Mattp]

Here's a different quote from another article..."Under the new law, authorities have the right to confiscate any unused fireworks to the extent allowed under Pennsylvania law."

Not sure if you looked it up yet,, but yes,, but I saw that written in the new rules too,,, but pertaining to if they catch you shooting them off illegally they can confiscate your unused product,.. just like pg2159 said

[Birdman]

It seems clear, as I said before, the intent of the law is to prevent illegal use with one consequence being confiscation of unused product. I think it still remains to be seen how the law is applied by law enforcement. This new law, as reported really changes very little. What is deemed as illegal use doesn't seem to have changed. The main complaint of authorities was that law enforcement had to witness someone lighting a firework before they could enforce the previous laws.

My concern is that possession becomes the real teeth in this new law and mere possession will replace having to witness someone using fireworks illegally. For example, someone lights off a firework illegally, not witnessed by law enforcement, but prompts patrols in the area. While patrolling the area they see someone with fireworks. Can this new law be used to confiscate those fireworks even though there is no evidence that person was using them illegally? There's nothing preventing law enforcement from confiscating them and simply allowing the courts to sort out if the law was applied properly or not. Let's say that person was never fined for lighting fireworks illegally so the only reason to go to court is to get the fireworks back. If the person was the one lighting them illegally they risk getting found guilty in court of additional charges/fines.

[Salutecake]

There is always that possibility Birdman, interpretation by 2 people can be 2 different things. So are you going to be walking around your street at night with fireworks in your possession? Most likely the person that complained already gave the cops a name, at least an address. So if they are on the way to that complaint and see you carrying fireworks around, I would think you would be a target. But quizzing them a bit, like where was the location of the complaint, which is not here, I'm just unloading my stuff and so on -- it would have to be a very unlucky day for you for them to go through all the procedures of arrest and confiscation, not to say that the real offenders are getting away.

[esgrillo]

I think they are interpreting the law incorrectly. The bill states all municipalities can regulate the time and you need to meet certain criteria to shoot like being 18, not withing 150ft of a building etc... but I do not see any reference to them being able to ban.

The full doc is here: https://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2021&sessInd=0&billBody=H&billTyp=B&billNbr=2157&pn=3332

This is the section I am referencing,

(3) EXCEPT FOR THE LIMITATIONS UNDER SUBSECTION (B), A
MUNICIPALITY MAY ENACT THE FOLLOWING RESTRICTIONS ON THE USE
OF CONSUMER FIREWORKS: CONSUMER FIREWORKS MAY NOT BE USED
BETWEEN THE HOURS OF 10:00 P.M. AND 10:00 A.M., EXCEPT:
(I) ON JULY 2, 3 AND 4 AND DECEMBER 31, WHEN
CONSUMER FIREWORKS MAY BE USED UNTIL 1:00 A.M. THE
FOLLOWING DAY; AND
(II) WHEN JULY 4 FALLS ON A TUESDAY, WEDNESDAY OR
THURSDAY, CONSUMER FIREWORKS MAY BE USED UNTIL 1:00 A.M.
ON THE IMMEDIATELY PRECEDING AND FOLLOWING FRIDAY AND
SATURDAY.
(b) Limitations.-- Except for authority exercised under
subsection (a)(1.2), no municipality shall restrict or regulate
the use of consumer fireworks on the following days:
(1) The days listed in section 1104(b)(6) SUBSECTION (A)
(3)(I) AND (II).
(2) Memorial Day, including the immediately preceding
Saturday and Sunday.
(3) Labor Day, including the immediately preceding
Saturday and Sunday.

[Engineer Cat]

I read the link Ed posted and I have to agree. It sounds like the town has no idea they can not outright ban fireworks. They clearly have not read the law and are hoping no one will call them out on it. If they want they can ban fireworks on days not listed in the law but that's all they can do.

I know your not going to challenge the town Kev, because who wants to draw attention to themselves. BUT I would go about what you normally do. Print out the law as it's written and keep it in your pyro tool box so if the town police come you can hand it to them. If they try to force the law (that they are interpreting wrong), you tell them you are going to call the state police and have them come so they can explain to the town cops the law they are trying to enforce does not exist. The town cops don't want the state police to override them so they will probably fold. But since the cards are in your favor I would go all in on them IF that issues ever happens. I'm not saying you should be a rebel but the law is in your favor no mater what the town wants to do.

Except for authority exercised under
subsection (a)(1.2), no municipality shall restrict or regulate
the use of consumer fireworks on the following days:

That's the law in a nutshell. They are out of their jurisdiction banning it outright. The law does not back them on this.

[Birdman]

At this point I intend to do what I normally do and hope I don't become a test case for "getting a dangerous stash of fireworks off the street". This does mean I can't light any fireworks off once I have product or I risk confiscation. I don't normally do this but I very occasionally do light off some very small quiet stuff. For example I lit a smoke bomb off to test timing for a gender reveal I did this spring.

I'll just have to trust the intent of the law is what will be enforced and take it up in court if they push me to that point. It just stinks that this law is going to be hanging over me.

[Rick_In_Tampa]

Ed and Cat are 100% correct. According to the law as I've read it, the ONLY way they can prevent you from using consumer fireworks on July 4th is if you try to use them within 150' of a building or vehicle.

So you're good to go.

[Rick_In_Tampa]

I would be more concerned with this section on page 7 of the document, or page 8 of the actual bill:

"(9) The sale of consumer fireworks may be conducted through online, mail-order or other transaction, but delivery
of consumer fireworks to a purchaser shall take place at a facility licensed under section 1108 (relating to fees,
granting of licenses and inspections) and the sale shall be subject to the provisions of section 1112 (relating to
consumer fireworks tax)."

Sounds to me like they're treating the purchase of consumer fireworks like buying a gun online. You need to go through an FFL to take delivery and pay Pa taxes on your purchase when they arrive.

[Birdman]

I would be more concerned with this section on page 7 of the document, or page 8 of the actual bill:

"(9) The sale of consumer fireworks may be conducted through online, mail-order or other transaction, but delivery
of consumer fireworks to a purchaser shall take place at a facility licensed under section 1108 (relating to fees,
granting of licenses and inspections) and the sale shall be subject to the provisions of section 1112 (relating to
consumer fireworks tax)."

Sounds to me like they're treating the purchase of consumer fireworks like buying a gun online. You need to go through an FFL to take delivery and pay Pa taxes on your purchase when they arrive.

Ahhhh....yeah that's a problem.

[PG2159]

I have several friends on the job at Allentown and Bethlehem PD and multiple surrounding agencies. The theme I get from all of them is, they can't do much about the noise complaints, and there are usually to many calls of noise complaints that they don't even make it to all the calls, especially on or around July 4. While I can appreciate the concern, I really feel this ordinance is to focus on the people who aren't following the rules and to give the cops the ability to take away the product from the people who are setting this stuff off in the middle of a row.

[Birdman]

I have several friends on the job at Allentown and Bethlehem PD and multiple surrounding agencies. The theme I get from all of them is, they can't do much about the noise complaints, and there are usually to many calls of noise complaints that they don't even make it to all the calls, especially on or around July 4. While I can appreciate the concern, I really feel this ordinance is to focus on the people who aren't following the rules and to give the cops the ability to take away the product from the people who are setting this stuff off in the middle of a row.

I believe that is the case too but still think it leaves a door open to apply the law in ways outside of its intent. I don't think it would be wise to assume it's business as usual.

My main concern now is how these new laws will change making wholesale purchases. In the end I think that will be more impactful then any other aspect of the new laws. Those additional taxes coupled with the already rising costs could really cut into a budget.

[PG2159]

Those additional taxes coupled with the already rising costs could really cut into a budget.[/QUOTE]

I mean, lets be real. The only reason PA was able to move away from the previous "no aerial/bang" type policy was from the revenue stream created by the tax which at 12% on top of the 6% tax, can most certainly add up. The long term implications is anyone's guess. I'm fortunate in my municipality I don't have any current stipulations, but I do appreciate your concern. If I had the space for storage I'd say come store it here, but I'm not that fortunate.

[Birdman]

Those additional taxes coupled with the already rising costs could really cut into a budget.

I mean, lets be real. The only reason PA was able to move away from the previous "no aerial/bang" type policy was from the revenue stream created by the tax which at 12% on top of the 6% tax, can most certainly add up. The long term implications is anyone's guess. I'm fortunate in my municipality I don't have any current stipulations, but I do appreciate your concern. If I had the space for storage I'd say come store it here, but I'm not that fortunate.[/QUOTE]

Like I said, I'm not as concerned about the new local law as I was initially. I'm trusting that if I comply with the law I won't have any issues so I'm going to keep my fireworks at home. But I'm not going to take the chance of even lighting a sparkler in my yard.

[Engineer Cat]

Yea just go to your neighbors house and do it. :p