Fireworks have long been a staple of American celebrations, particularly around Independence Day. However, their legality varies widely from state to state. While Maryland and New York are both known for their restrictions, the laws governing fireworks in each state are distinctly different.
This article explores the legal landscape surrounding fireworks in Maryland and explains why most fireworks remain illegal in New York State.
Fireworks Laws in Maryland: What’s Allowed?
Maryland has some of the most nuanced fireworks regulations in the Mid-Atlantic region. The state divides its laws by county and classifies fireworks into two broad categories: legal consumer fireworks and prohibited dangerous fireworks.
Legal Fireworks in Maryland
In many parts of Maryland, ground-based and hand-held sparklers such as fountains, snakes, and snap pops are legal to purchase and use. However, even these are regulated. For instance:
- In Anne Arundel, Montgomery, and Prince George’s Counties, all consumer fireworks, even sparklers, are banned without a professional permit.
- In Baltimore City, no fireworks are allowed for private use.
- Cecil County, on the other hand, allows some ground-based fireworks with minor restrictions.
The state mandates that only licensed retailers can sell fireworks, and the consumer must be at least 16 years old. Additionally, using even legal fireworks on public property (such as parks or schools) is prohibited.
Maryland’s Reasons for Regulation
The primary reasons behind Maryland’s restrictive laws are safety and fire prevention. According to the Maryland State Fire Marshal, fireworks cause hundreds of injuries every year, especially to children. Additionally, dry summers increase the risk of wildfires, and improperly used fireworks can easily ignite brush or grasslands.
Local governments also cite noise complaints, pollution, and harm to pets and wildlife as secondary factors. By limiting or banning certain types of fireworks, Maryland seeks to reduce emergency incidents and ensure that celebrations remain safe and controlled.
Why Are Fireworks Illegal in New York State?
While Maryland has made certain exceptions, New York State takes a stricter stance, especially on aerial and explosive fireworks. Although minor changes in legislation have occurred in recent years, the state still maintains one of the toughest fireworks laws in the country.
The Legal Exceptions in New York
In 2014, New York State amended its laws to allow “sparkling devices”—ground-based fireworks like sparklers and fountains—in certain counties. However, the list of counties that prohibit all fireworks remains extensive. For example:
- New York City (all five boroughs) maintains a complete ban.
- Albany, Erie, and Nassau Counties also prohibit all types of fireworks.
- In counties that do allow sparkling devices, users must be over 18 years of age, and use is often limited to specific dates, such as July 4 and New Year’s Eve.
Importantly, the aerial fireworks most people associate with public displays—like bottle rockets, Roman candles, and firecrackers—remain entirely illegal for private use statewide.
The Rationale Behind New York’s Strict Ban
New York’s restrictive stance stems from multiple longstanding concerns:
1. Urban Density and Safety Risks
New York is home to some of the most densely populated cities in the U.S. The risk of fire in apartment buildings, row homes, and close-packed neighborhoods is significantly higher than in rural areas. A small spark can result in massive property damage and injuries.
2. Emergency Services Overload
During major holidays, emergency response teams are already stretched thin. Allowing fireworks increases the risk of fire-related incidents, injuries, and noise complaints, putting even more pressure on hospitals and first responders.
3. Historical Accidents and Public Sentiment
Over the years, New York has seen several high-profile injuries and fires directly related to fireworks misuse. These events have shaped public policy and reinforced a cautious, prevention-first approach.
Penalties for Illegal Fireworks Use
Both Maryland and New York impose fines and criminal penalties for violating fireworks laws. In Maryland, possession of illegal fireworks can lead to:
- Fines up to $250 for each device
- Misdemeanor charges with possible jail time for repeat offenders
In New York, penalties are more severe:
- Possession of illegal fireworks (over $50 worth) can lead to up to one year in jail and fines up to $1,000
- Selling fireworks illegally is considered a more serious offense and may result in felony charges
Local law enforcement often sets up sting operations around holidays to catch illegal sales and usage.
Public Displays and Professional Permits
Both states make a clear distinction between consumer fireworks and professional fireworks displays. Cities and towns in both Maryland and New York regularly host large-scale shows that are handled by licensed pyrotechnicians with appropriate fire safety plans in place.
Permits must be approved by the local fire marshal and government authorities. These events are typically scheduled around national holidays and are a legal, safe alternative for those wanting to enjoy fireworks.
Conclusion
While Maryland and New York differ in the specifics of their fireworks laws, both states emphasize public safety over private spectacle. Maryland allows some limited consumer use depending on county regulations, while New York remains largely prohibitive outside of professional displays. Understanding and respecting these laws is essential—not just to avoid legal trouble, but to protect communities from the dangers of mishandled fireworks.
Celebrating with fireworks can still be a joy—but only when done legally and responsibly. Before lighting up the sky, always check your local laws, and when in doubt, leave it to the pros.
