Georgia
Georgia Fireworks Laws (2026): Legal Statewide, No Local Ban
Independently fact-checked against primary sources (last audited September 18, 2026). · 6 primary sources cited on this page. How we verify our legal content

Georgia allows consumer fireworks broadly statewide for adults 18 and older, and it goes further than most permissive states by expressly barring a county or city from banning that sale, use, or ignition outright, under O.C.G.A. § 36-60-24. The chapter pairs that broad legality with a specific set of banned devices, a fixed daily use window, and, as of a 2024 amendment, a felony tier for using or selling fireworks outside the channels the chapter itself creates.
Jurisdiction scope: This article addresses Georgia's state fireworks law, covering statewide legality, banned devices, use hours, local preemption, licensing, and the 2024 penalty amendment, under O.C.G.A. ch. 25-10 and § 36-60-24. It does not address specific county permitting fee schedules beyond what is cited below, or federal explosives law beyond the interstate-transport point below.
What's Legal and What's Banned Outright
Georgia treats consumer fireworks as a broadly legal, licensed product rather than a banned category with narrow exceptions. The statute states plainly: "It shall be lawful for any person 18 years of age or older to use or ignite or cause to be ignited or to possess, manufacture, transport, or store consumer fireworks." Sale to the public runs through a licensed permanent retail facility, store, or temporary stand, described in Licensing and Permits below.

A handful of categories stay banned regardless of age or license. It is unlawful to sell, offer for sale, or release sky and fire lanterns, meaning any "balloon, bag, parachute, or other similar device which requires fire underneath for propulsion," statewide, along with floating water or wish lanterns "which use[] a flame to create a lighting effect" in a public waterway, lake, pond, stream, or river. Using fireworks indoors, or within the right-of-way of a public road, street, highway, or railroad, is also banned outright. And a seller cannot sell consumer fireworks from a motor vehicle, a trailer towed by a motor vehicle, or a tent, canopy, or membrane structure, regardless of that seller's license status.
Beyond those, Georgia law bans use in a long list of specific places, even where the person is otherwise licensed and of age. Consumer fireworks cannot be used anywhere the person is not lawfully present or otherwise permitted to be. They cannot be used within 100 yards of an electric plant; a water or waste-water treatment plant; a retail facility storing more than 500 gallons of gasoline or another flammable or combustible liquid or gas; a facility that produces, refines, processes, or blends flammable or combustible liquids or gases for retail; a public or private electric substation; or a jail or prison. The same 100-yard buffer applies around a public-use airport and around any landing area or platform marked for helicopter use. A county or municipal park, historic site, recreational area, or other locally controlled property is off-limits unless the user has a special use permit, described below, and state-controlled property is off-limits except as the controlling state agency's own rules allow. Within 100 yards of a hospital, nursing home, or other health care facility regulated under Title 31, chapter 7, use is banned unless the facility's owner or operator uses fireworks there itself or grants written permission to someone else to do so. And it is separately unlawful to ignite consumer fireworks while under the influence, covered next.
Igniting Fireworks While Impaired
O.C.G.A. § 25-10-2.1 makes it a misdemeanor to ignite consumer fireworks or fireworks while under the influence of alcohol or any drug, or a combination, to a degree that makes it unsafe to do so, or while any amount of marijuana or a controlled substance is present in the person's blood or urine. Being legally entitled to use a drug is not a defense unless the person is not actually rendered incapable of igniting fireworks safely by using it. This impairment rule is one of the conditions the daily-use grant above is expressly made subject to.
Device Categories and Weight Caps
Georgia's statute does not set its own gram, tube, or length cap on "consumer fireworks" as a defined category. Instead, that category is defined by reference to federal Consumer Product Safety Commission and Department of Transportation rules and the pyrotechnics industry's own 2001 standard, which functionally means the federal 1.4G consumer classification, and it always includes Roman candles specifically.
The gram caps that do appear in the statute belong to a separate, narrower list of items the chapter exempts from "consumer fireworks" regulation entirely: "Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture."
When You Can Use Fireworks
Georgia sets a fixed daily use window rather than leaving it unaddressed. Consumer fireworks may be used "on any day beginning at the time of 10:00 A.M. and up to and including the ending time of 11:59 P.M.," unless the noise from that use conflicts with a qualifying local noise ordinance (see Local Ordinances, below); the same daily-window grant also lets a county or municipal corporation require its own special use permit for use or ignition. On January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31, that same 10:00 A.M. to 11:59 P.M. window applies without a noise-ordinance override, and January 1 gets an additional window from midnight to 1:00 A.M.

Purchase Age and Sale Requirements
The purchase age is 18. It is unlawful to sell consumer fireworks, or any of the exempted novelty items described above, to anyone under 18, and the sale must be conducted in person with government-issued proof-of-age identification checked. A narrow carve-out lets 16- and 17-year-olds possess, transport, or sell consumer fireworks, but only as an assistant to a licensed distributor or the nonprofit group benefiting from that distributor's temporary-stand license, and only off Interstate highways for transport; it is not a general purchase-age exception for a 16- or 17-year-old buying fireworks for personal use.
Local Ordinances: Georgia Preempts Bans
Georgia's law is unusually protective of statewide legality against local override. O.C.G.A. § 36-60-24 states that "the governing authority of a county or municipal corporation shall not prohibit the sale or use or ignition of consumer fireworks or other products or services which are lawful under Chapter 10 of Title 25, unless such prohibition is expressly authorized by general law," and that "any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void."
Within that preemption, a handful of narrow, expressly authorized local-option channels remain. A general (not fireworks-specific) noise ordinance enacted or reenacted on or after July 1, 2018, following a 15-day published-notice procedure, can narrow the default 10:00 A.M. to 11:59 P.M. daily use window. A county or municipal corporation may also require a special use permit for the use or ignition of consumer fireworks under § 25-10-2(b)(3)(D), including for use in its own parks, historic sites, and recreational areas; that permit designates the time and location of use, and the fee a locality can charge for it cannot exceed $100. A county or municipality may license or permit the sale or use of consumer fireworks under § 25-10-5.1(c). As of July 1, 2025, a county or municipal governing authority may also adopt an ordinance prohibiting consumer-fireworks use or ignition within 200 yards of a facility housing equines in a confined area, and that ordinance may itself carve out special-event permits. Separately, the Governor may impose additional drought-triggered use restrictions statewide or county by county through Keetch-Byram Drought Index declarations.
Licensing and Permits
Georgia runs several separate licensing tracks depending on what you're doing. A distributor selling from a permanent retail facility or store needs a license from the Safety Fire Commissioner under § 25-10-5.1, with a $1,500 initial fee and $1,000 annual renewal (plus $250 per added store location); a temporary retail stand costs $500, paid to the local fire department or political subdivision, and a distributor may operate no more than two temporary stands per licensed location per year, each tied to a benefiting nonprofit group. All these licenses expire January 31.

Manufacturing, storing, or transporting fireworks separately requires a license and compliance with safety regulations from the Safety Fire Commissioner under § 25-10-5, and a nonmanufacturer storing fireworks in a magazine needs a license under § 25-10-3.1, which itself requires an existing federal ATF explosives permit and a valid display permit.
A public exhibition or display needs a permit under § 25-10-4 from the local fire authority of the county, municipality, or other political subdivision, or the chartered fire department, with operational authority over the area where the display is held, filed at least 10 days before the display. The display must be conducted by an operator licensed by the Safety Fire Commissioner under § 25-10-3.2, and the application must be backed by a $50,000 bond or liability insurance ($25,000 per person and $50,000 per accident for bodily injury, $25,000 per accident and $50,000 aggregate for property damage), for a permit that runs no more than two weeks and cannot be transferred. The local fire authority may charge a fee of up to $100 to process the permit, plus reasonable fees for personnel needed for standby fire suppression and permit compliance.
Since the 2024 SB 417 amendments, anyone conducting a public exhibition or display of fireworks needs a license from the Safety Fire Commissioner under § 25-10-3.2(b), and anyone using special effects in motion picture or television production needs a separate license under § 25-10-3.2(c); each carries a $500 annual fee under § 25-10-5(b). A pyrotechnics display staged close to a "proximate audience," meaning combustion, explosion, deflagration, detonation, or ignition of pyrotechnics near spectators, instead needs its own license from the Safety Fire Commissioner under § 25-10-3.2(a), on top of the local fire-authority permit, backed by at least $1,000,000 in liability insurance, and the permit application must list that license number.
Penalties
Georgia restructured its fireworks penalties effective July 1, 2024, through Senate Bill 417, and the chapter now runs three tiers. Running an unlicensed proximate-audience pyrotechnics display is a felony: "imprisonment for not less than two nor more than ten years, or a fine of not more than $10,000.00, or both." Since the 2024 amendment, violating the chapter's base prohibition in § 25-10-2(a), meaning using, selling, igniting, possessing, manufacturing, transporting, or storing fireworks outside the channels the chapter itself authorizes, is also a felony, "punished pursuant to Code Section 16-7-23," and additionally subject to a monetary penalty of up to $10,000 under § 25-10-8(b). Section 16-7-23(b), the criminal-damage-to-property statute SB 417 amended in the same act to reach fireworks damage, sets that sentencing range at imprisonment "for not less than one nor more than five years." The same act added § 25-10-2(a.1), which makes it unlawful to cause injury to another person or damage another's property by means of fireworks, whether recklessly or intentionally, and created O.C.G.A. § 16-10-35, which makes it a high and aggravated misdemeanor to knowingly and intentionally ignite a firework that explodes or detonates within 150 feet of, or causes injury or harm to, an emergency medical technician, firefighter, or law enforcement officer, for the purpose of hindering or disrupting that person during the lawful discharge of his or her duties. Any other violation of the chapter, the catch-all that covers most day-to-day issues like selling outside licensed hours or to a minor, is a misdemeanor, additionally subject to the Safety Fire Commissioner's administrative penalties under § 25-10-9 of up to $2,500 per violation, or up to $5,000 for knowingly selling from a tent, canopy, or membrane structure. The chapter does not create an escalating subsequent-offense penalty on top of these tiers; instead, § 25-10-9's own separate-offense clause makes each sales transaction in violation independently punishable as its own separate offense.
Crossing State Lines
Federal law adds a layer on top of Georgia's own rules for anyone bringing fireworks in from elsewhere. Under 18 U.S.C. § 836, it is a federal offense, punishable by a fine, up to one year in prison, or both, to transport fireworks into a state whose law specifically prohibits or regulates their use, or to deliver them for that transportation, knowing they will be delivered, possessed, stored, sold, or otherwise dealt with in a manner that state's law forbids; the statute excludes fireworks merely passing through a state in continuous interstate transportation, and it does not apply to common or contract carriers, to water carriers engaged in interstate commerce, or to transportation for the use of a federal agency. Separately, the U.S. Postal Service bans all fireworks from the mail entirely, for both international and domestic shipment (USPS Publication 52 § 341.22); federal consumer-product-safety rules set the device and packaging standards fireworks must meet to be sold anywhere in the country (16 C.F.R. § 1500.17 and Part 1507); and a federal explosives-licensing exemption (27 C.F.R. § 555.141(a)(7)) covers only the importation, distribution, and storage of consumer fireworks, not their manufacture. Since Georgia is broadly permissive for consumer fireworks bought through a licensed channel, this matters most for a device Georgia itself bans, such as sky lanterns, or one a neighboring state prohibits.
For a neighboring state's different approach, see Florida fireworks laws. For the complete state-by-state picture, see the fireworks laws by state comparison. Georgia also maintains a separate open container law worth knowing if fireworks and holiday drinking overlap.
Disclaimer: This article provides general legal information about fireworks laws in the United States as of September 2026. It is not legal advice. Fireworks statutes, local ordinances, sale and use windows, and penalties change frequently and are often further restricted by county or city ordinance beyond what state law requires; verify the current rule for your specific city and county before buying, selling, or using fireworks, and consult a lawyer licensed in your state for advice about a specific situation.
Statutes cited reflect their in-force version as of 2026-09-17. Last updated: 2026-09-17.
Frequently Asked Questions
Are fireworks legal in Georgia?
Yes. Consumer fireworks are broadly legal statewide for anyone 18 or older to use, ignite, possess, manufacture, transport, or store under O.C.G.A. § 25-10-2(b)(4)(A), and for a licensed distributor to sell under § 25-10-2(b)(5)(A) and (b)(6).
Can a Georgia city or county ban fireworks?
No, not outright. O.C.G.A. § 36-60-24 preempts a county or municipal governing authority from banning the sale, use, or ignition of consumer fireworks that are lawful under state law, and any ordinance that tries is void. A locality can shorten the daily use window with a qualifying noise ordinance, require a special use permit for use or ignition (fee capped at $100), license sale or use, and, since July 1, 2025, restrict use within 200 yards of a facility housing equines.
What time can you legally set off fireworks in Georgia?
10:00 A.M. to 11:59 P.M. on any day, unless a qualifying local noise ordinance narrows that window or a county or municipal corporation requires its own special use permit for use or ignition. That same window applies without a noise-ordinance override on January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31, with an added midnight-to-1:00 A.M. window on January 1.
Where in Georgia are you not allowed to set off fireworks?
Beyond indoors and public rights-of-way, Georgia bans consumer-fireworks use within 100 yards of an electric plant, water or waste-water treatment plant, large-volume fuel retailer, electric substation, jail or prison, public-use airport, or marked helicopter landing area; within 100 yards of a hospital, nursing home, or other regulated health care facility without that facility's permission; and in a county, municipal, or state park or recreational area without a permit. It is also a misdemeanor under § 25-10-2.1 to ignite fireworks while under the influence of alcohol or a drug to an unsafe degree.
What is the minimum age to buy fireworks in Georgia?
18. Sale must be face-to-face with government-issued proof-of-age ID, and selling to anyone under 18 is unlawful. A narrow exception lets 16- and 17-year-olds work as an assistant to a licensed distributor or benefiting nonprofit, which is not a general purchase exception.
What is the penalty for a fireworks violation in Georgia?
As of July 1, 2024, using, selling, or possessing fireworks outside the chapter's authorized channels is a felony under O.C.G.A. § 25-10-8(b), punished under § 16-7-23(b), which sets imprisonment of one to five years, plus a monetary penalty of up to $10,000. Running an unlicensed proximate-audience pyrotechnics display is a felony carrying 2 to 10 years or a fine up to $10,000. Any other violation, such as wrong hours or selling to a minor, is a misdemeanor with administrative penalties up to $2,500 (up to $5,000 for a tent or canopy sale).
Updates
Updated the licensing and penalties sections for Georgia SB 417 (2024): public display permits now come from the local fire authority with a $50,000 bond and a licensed operator, the Safety Fire Commissioner licenses public displays and special effects, two new fireworks offenses are noted, and the statutory cite for the right to sell was corrected.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Official Code of Georgia Annotated
§ 25-10-2Prohibited fireworks activities; application of noise ordinances.In force
(a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or ignite or cause to be ignited, or to possess, manufacture, transport, or store any consumer fireworks or fireworks, except as otherwise provided in this…
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library
§ 36-60-24Sale or use or ignition of consumer fireworks products.In force
(a) The governing authority of a county or municipal corporation shall not prohibit the sale or use or ignition of consumer fireworks or other products or services which are lawful under Chapter 10 of Title 25, unless such prohibition is expressly authorized by general law. (b) If the sale of a…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
§ 25-10-2.1Use of fireworks and consumer fireworks while under the influence; violation.In force
(a) It shall be unlawful for any person to ignite consumer fireworks or fireworks while: (1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for such person to ignite consumer fireworks or fireworks;…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
§ 25-10-8Penalty for violations of chapter.In force
(a) Any person, firm, corporation, association, or partnership that violates Code Section 25-10-3.2 shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both. (b) Any person, firm, corporation,…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1994
Opinions citing this section in our collection:
- Horace Mann Insurance v. Drury (Court of Appeals of Georgia 1994, 213 Ga. App. 321)“…ed, or to possess, ... , or transport any fireworks. . . .” OCGA § 25-10-8 provides that any person violating the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-10-9Penalty for illegal use or sale of fireworks.In force
Notwithstanding any provision of this chapter to the contrary, the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly violates this chapter to a monetary penalty of up to $2,500.00 for each and every act in…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
§ 25-10-1Definitions.In force
(a) As used in this chapter, the term: (1) "Consumer fireworks" means any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
§ 25-10-10Prohibition on release of certain fire-propelled devices into the air and certain floating lantern devices into public water locations.In force
It shall be unlawful for any person, firm, corporation, association, or partnership to release or cause to be released any balloon, bag, parachute, or other similar device which requires fire underneath for propulsion or to release or cause to be released any floating water lantern or wish lantern…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
§ 25-10-5.1Requirements for issuance of license to distribute consumer fireworks; required signage.In force
(a)(1) A license pursuant to this Code section shall only be issued to a distributor that: (A) Complies with all the requirements of this chapter; and (B) Maintains at all times public liability and product liability insurance with minimum coverage limits of $2 million to cover the losses,…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
§ 25-10-5License and fee for manufacture, storage, and transportation of fireworks or pyrotechnic displays; promulgation of safety regulations; conduct of inspections.In force
The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under Code Section 25-10-3.2 shall be $1,500.00 per year, payable to the…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
§ 25-10-3.1Storage of fireworks by licensed nonmanufacturers.In force
(a) Fireworks defined as Class B explosives or the equivalent thereof by regulations of the United States Department of Transportation set forth in Part 173 of Title 49 of the Code of Federal Regulations and which are to be used only for purposes of a public exhibition or display pursuant to Code…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
§ 25-10-3.2License required for pyrotechnics exhibits; requirements; penalty for violations.In force
(a) No person, firm, corporation, association, or partnership shall cause the combustion, explosion, deflagration, detonation, or ignition of pyrotechnics for the purpose of a public exhibition or display before a proximate audience unless such person, firm, corporation, association, or partnership…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
§ 25-10-4Requirement of permit for conduct of fireworks display; application; imposition of conditions as to granting of permit; duration and transfer of permit; disposition of excess fireworks; fees.In force
(a) Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks not before a proximate audience shall first obtain a permit from the judge of the probate court of the county in which the public exhibition or display is to be held.…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
§ 16-7-23Criminal damage to property in the second degree.In force
(a) A person commits the offense of criminal damage to property in the second degree when he: (1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00;…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
Cited in 123 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Waldrop v. State (Court of Appeals of Georgia 1998, 231 Ga. App. 164)“…mers exceeded $500, an essential element of the crime under OCGA § 16-7-23 (a) (1). I do not believe that proof…”
- Youmans v. State (Court of Appeals of Georgia 2004, 270 Ga. App. 832)“…inal damage to property in the second degree, as defined in OCGA § 16-7-23 (a) (2), criminal damage to property is…”
- Spann v. State (Court of Appeals of Georgia 2001, 250 Ga. App. 354)“…to property in the second degree and one count of battery. OCGA § 16-7-23 (a) (l). 1 The superior co…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Federal Regulations Title 16
§ 1500.17Banned hazardous substances.In forcecited in 36 of our articles
(a) Under the authority of section 2(q)(1)(B) of the act, the Commission declares as banned hazardous substances the following articles because they possess such a degree or nature of hazard that adequate cautionary labeling cannot be written and the public health and safety can be served only by keeping such articles out of interstate commerce: (1) Mixtures that are intended primarily for application to interior masonry walls, floors, etc., as a water repellant treatment and that are “extremely flammable” within the meaning of section 2(1) of the act (repeated in § 1500.3(b)(10)). (2) Carbon tetrachloride and mixtures containing it (including carbon tetrachloride and mixtures containing it used in fire extinguishers), excluding unavoidable manufacturing residues of carbon tetrachloride in other chemicals that under reasonably foreseeable conditions of use do not result in an atmospheric concentration of carbon tetrachloride greater than 10 parts per million.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at ecfr.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- United States v. Midwest Fireworks Mfg. Co., Inc. Fireworks of America Ltd. Corp. Pacific Fin. Servs. Of America, Inc. Larry Lomaz David Bowman (Court of Appeals for the Sixth Circuit 2001, 248 F.3d 563)“…venty-nine types of fireworks and the constitutionality of 16 C.F.R. § 1500.17 (a)(3) (2001). We affirm. BACKGR…”
- United States v. Charles Focht, an Individual, and Mark Focht, an Individual, Doing Business Under the Name Liberty Industries (Court of Appeals for the Third Circuit 1989, 882 F.2d 55)“…al, the government asserts the district court misconstrued 16 C.F.R. § 1500.17 (a)(3), (8) when it held the regulation…”
- United States v. Shelton Wholesale, Inc. (District Court, W.D. Missouri 1999, 34 F. Supp. 2d 1147)“…ams) of pyrotechnic composition (the "amount test"). See 16 C.F.R. § 1500.17 (a)(3). 2. for all "[r]eloadable tube…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Fireworks Laws by State (2026): What Is Legal, Sale Dates, Penalties, Delaware Fireworks Laws (2026): Sparklers, Novelties, Dates, DC Fireworks Laws: Permitted List, Licensing, Penalties
Code of Federal Regulations Title 27
§ 555.141Exemptions.In forcecited in 41 of our articles
(a) General. Except for the provisions of §§ 555.180 and 555.181, this part does not apply to: (1) Any aspect of the transportation of explosive materials via railroad, water, highway, or air which is regulated by the U.S. Department of Transportation and its agencies, and which pertains to safety. For example, regulations issued by the Department of Transportation addressing the security risk of aliens transporting explosives by commercial motor or railroad carrier from Canada preclude the enforcement of 18 U.S.C. 842(i)(5) against persons shipping, transporting, receiving, or possessing explosives incident to and in connection with the commercial transportation of explosives by truck or rail from Canada into the United States. Questions concerning this exception should be directed to ATF's Explosives Industry Program Branch in Washington, DC. (2) The use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United States Pharmacopeia or the National Formulary.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2006
Opinions citing this section in our collection:
- Tripoli Rocketry Ass'n v. Bureau of Alcohol, Tobacco, Firearms, & Explosives (Court of Appeals for the D.C. Circuit 2006, 437 F.3d 75)“…imported, or distributed for their intended purposes.” See 27 C.F.R. § 555.141(a)(8) (2005) (current exemption); 26 C.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Fireworks Laws (2026): Sparklers vs. Holiday Rules, Hawaii Fireworks Laws (2026): Permits, Use Windows, and Penalties, Idaho Fireworks Laws (2026): What's Legal and When
United States Code Title 18
§ 836Transportation of fireworks into State prohibiting sale or useIn forcecited in 52 of our articles
Whoever, otherwise than in the course of continuous interstate transportation through any State, transports fireworks into any State, or delivers them for transportation into any State, or attempts so to do, knowing that such fireworks are to be delivered, possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws of such State specifically prohibiting or regulating the use of fireworks, shall be fined under this title or imprisoned not more than one year, or both. This section shall not apply to a common or contract carrier or to international or domestic water carriers engaged in interstate commerce or to the transportation of fireworks into a State for the use of Federal agencies in the carrying out or the furtherance of their operations. In the enforcement of this section, the definitions of fireworks contained in the laws of the respective States shall be applied. As used in this section, the term “State” includes the several States, Territories, and possessions of the United States, and the District of Columbia. This section shall be effective from and after July 1, 1954.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- United States v. James A. Womack (Court of Appeals for the Fifth Circuit 1981, 654 F.2d 1034)“…eworks has been traditionally left to the states. He cites 18 U.S.C.A. § 836 , which prohibits the transportation of…”
- United States v. Bernard J. Semel (Court of Appeals for the Fourth Circuit 1965, 347 F.2d 228)“…y an information containing eighteen counts with violating 18 U.S.C.A. § 836 by having feloniously caused to be tra…”
- Cohen v. Bredehoeft (District Court, S.D. Texas 1968, 290 F. Supp. 1001)“…the states from legislating in this area. On the contrary, 18 U.S.C. Sec. 836 indicates an intent to encourage state…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Fireworks Laws (2026): Legal Fireworks, Age Rules, Penalties, Alaska Fireworks Laws (2026): Age-18 Minimum, No Sale Window, Arizona Fireworks Laws (2026): Legal Devices, Local Rules, Penalties
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- O.C.G.A. § 25-10-2 - Lawful use/possession for persons 18+; banned indoor/right-of-way use and vehicle/tent sales; daily use hours; place restrictions (100-yard buffers, parks, health facilities); special use permits; purchase age; base felony prohibition, as amended by 2024 Georgia SB 417 and 2025 Georgia HB 614. Official Code of Georgia Annotated, public access portal maintained by LexisNexis under contract with the Georgia Code Revision Commission, linked from the Georgia General Assembly site(lexisnexis.com)
- O.C.G.A. § 25-10-1 - Definitions: consumer fireworks (federal CPSC/DOT classification) and exempted novelty items with gram caps. Official Code of Georgia Annotated, public access portal maintained by LexisNexis under contract with the Georgia Code Revision Commission, linked from the Georgia General Assembly site(lexisnexis.com)
- O.C.G.A. § 25-10-2.1 - Misdemeanor for igniting consumer fireworks or fireworks while under the influence of alcohol or a drug, or with marijuana/a controlled substance in blood or urine. Official Code of Georgia Annotated, public access portal maintained by LexisNexis under contract with the Georgia Code Revision Commission, linked from the Georgia General Assembly site(lexisnexis.com)
- O.C.G.A. § 25-10-10 - Sale, offer for sale, and release of sky lanterns, fire balloons, and floating water/wish lanterns banned, as amended by 2024 Georgia SB 417 Section 12. Official Code of Georgia Annotated, public access portal maintained by LexisNexis under contract with the Georgia Code Revision Commission, linked from the Georgia General Assembly site(lexisnexis.com)
- O.C.G.A. § 36-60-24 - State preemption of local consumer-fireworks bans; narrow local-option channels. Official Code of Georgia Annotated, public access portal maintained by LexisNexis under contract with the Georgia Code Revision Commission, linked from the Georgia General Assembly site(lexisnexis.com)
- O.C.G.A. §§ 25-10-3.1, 25-10-3.2, 25-10-4, 25-10-5, 25-10-5.1 - Licensing: magazine storage, proximate-audience pyrotechnics, public display permits, manufacture/storage/transport, retail/temporary-stand sale. Official Code of Georgia Annotated, public access portal maintained by LexisNexis under contract with the Georgia Code Revision Commission, linked from the Georgia General Assembly site(lexisnexis.com)
- Georgia SB 417 (2024 session), signed act - Section 2 (rewrites O.C.G.A. § 16-7-23 to reach fireworks damage, sets 1-5 year felony range), Section 10 (adds § 25-10-8(b), the base-prohibition felony plus $10,000 penalty), Section 11 (rewrites § 25-10-9's administrative penalties)(gov.georgia.gov).gov
- Georgia HB 614 (2025 session), signed act - Adds O.C.G.A. § 25-10-2(d), the county/municipal 200-yard equine-facility ordinance power, effective July 1, 2025(gov.georgia.gov).gov
- O.C.G.A. § 16-7-23 - Criminal damage to property in the second degree; 1-5 year sentencing range applied to the base fireworks felony under § 25-10-8(b), as amended by 2024 Georgia SB 417 Section 2. Official Code of Georgia Annotated, public access portal maintained by LexisNexis under contract with the Georgia Code Revision Commission, linked from the Georgia General Assembly site(lexisnexis.com)
- O.C.G.A. § 25-10-9 - Misdemeanor administrative penalties up to $2,500 ($5,000 for tent/canopy/membrane sales), as amended by 2024 Georgia SB 417 Section 11. Official Code of Georgia Annotated, public access portal maintained by LexisNexis under contract with the Georgia Code Revision Commission, linked from the Georgia General Assembly site(lexisnexis.com)
- 18 U.S.C. § 836 - Transportation of fireworks into a state that specifically prohibits or regulates their use; carrier and federal-agency exclusions; one-year maximum penalty(uscode.house.gov).gov
- USPS Publication 52 § 341.22 - All fireworks are nonmailable explosives, prohibited from domestic and international mail(pe.usps.com).gov
- 16 C.F.R. § 1500.17 - CPSC banned-hazardous-substance device standards for fireworks(ecfr.gov).gov
- 27 C.F.R. § 555.141(a)(7) - ATF explosives-licensing exemption for the importation, distribution, and storage (not manufacture) of consumer fireworks(ecfr.gov).gov