Louisiana
Louisiana Fireworks Laws (2026): Dates, Bans, Penalties
Independently fact-checked against primary sources (last audited September 18, 2026). · 14 primary sources cited on this page. How we verify our legal content

Louisiana allows a named list of "permissible fireworks," UN0336, 1.4G, or 1.4S "Class C common fireworks" capped device by device, to be sold at retail only from noon June 16 through midnight July 5 and noon December 15 through midnight January 1 each year, under La. R.S. 51:652(B); the possession and sale ban in R.S. 51:651 does not reach fireworks held in-state solely for distribution and sale outside Louisiana, under § 651(C). A separate list of specific devices, including cherry bombs, oversized firecrackers and salutes, and sky lanterns, is banned outright under La. R.S. 51:651.1, punishable by up to $1,000 and up to two years' imprisonment with or without hard labor, a felony under Louisiana's general sentencing statute. The statute sets no statewide date or hours restriction on when a purchaser may actually discharge what they bought; that is left to parish and municipal ordinance.
Jurisdiction scope: This article covers Louisiana's state fireworks law under La. R.S. 51:650 through 51:660 (Chapter 51, Part I), including the permissible-devices list, the banned-devices list, the sale window, the age and permit rules, local option, and penalties. It does not catalog individual parish or municipal ordinances beyond the general local-option authority noted below; those must be checked locally.
What's Legal: Permissible Fireworks
Louisiana defines "permissible fireworks" as a named list of UN0336, 1.4G, or 1.4S "Class C common fireworks," each with its own composition cap set directly in the statute. La. R.S. 51:651(A) provides:

"It shall be unlawful for any individual, firm, partnership, or corporation to possess, sell, or offer for sale or use within the state of Louisiana any pyrotechnics commonly known as fireworks other than the permissible fireworks. Permissible fireworks, formally known as Class 'C' 'common fireworks', consist of United States Department of Transportation classification codes UN 0336, 1.4G, or 1.4S and in addition includes 'consumer fireworks' as defined by The Consumer Product Safety Commission..."
The same subsection then lists the permissible devices one by one with a composition cap for each. The device-by-device caps include: cone fountains (50 grams), cylindrical fountains (75 grams), flitter sparklers (5 grams in a paper tube), ground spinners (20 grams), illuminating torches (100 grams), pyrotechnic wheels (60 grams per driver, 200 grams total), toy smoke devices (100 grams), helicopter aerial spinners (20 grams), mine and shell devices (20 grams plus a 20-gram lift charge), missile-type rockets (20 grams), Roman candles (20 grams, maximum 10 balls), sky and bottle rockets (4 to 20 grams of propellant, minimum 5/8-inch diameter), firecrackers (maximum 50 milligrams of explosive per unit, with audible components capped at two grains unless the charge is a propelling charge), and multiple-tube devices (200 grams total, or 500 grams if the tubes are properly spaced).
The possession and sale ban is not absolute. La. R.S. 51:651(C) provides that "the provisions of this Section shall not apply to fireworks possessed, stored, or warehoused within the state of Louisiana for distribution and sale outside of the state of Louisiana," so a business holding fireworks in Louisiana solely to ship them out of state is not violating § 651.
What's Banned
A separate, specifically named list of devices is banned statewide regardless of composition, and bringing any of them into Louisiana is banned too. La. R.S. 51:651.1(B) provides:
"It is unlawful for any person in the state of Louisiana to possess, sell, or use for any purpose whatsoever any of the following items of commercial fireworks: cherry bombs, tubular salutes, two-inch American-made salutes, firecrackers with casings the external dimensions of which exceed one and one-half inches in length or one-quarter of an inch in diameter, repeating bombs, aerial bombs, torpedoes which exceed three-eighths of an inch in diameter, Roman candles larger than ten ball, and sky rockets larger than six ounces. It is also unlawful for any person to ship into the state of Louisiana any of the above mentioned items for any purpose whatsoever."
A separate subsection of the same section, not the chapter's definitions section, bans aerial luminaries. La. R.S. 51:651.1(D) provides: "It is unlawful for a person in this state to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial luminaries, commonly known as sky lanterns, Hawaii lanterns, Kongming lanterns, Chinese lanterns, sky candles, fire balloons, or flying luminaries." Illegal fireworks and aerial luminaries are subject to seizure and forfeiture by the state fire marshal or a law enforcement officer. Separately, several categories fall outside the definition of "fireworks" entirely and are unregulated by this chapter: blank cartridges, railroad flares, model rockets, and novelty toy cap pistols, caps, toy canes, or toy guns using paper caps containing no more than 0.25 grains of explosive compound per cap.
When You Can Buy: The Sale Window
Retail sale of permissible fireworks is limited to two calendar windows. La. R.S. 51:652(B) states:
"Permissible items of fireworks, enumerated in R.S. 51:651, may be sold at retail only from noon June sixteenth through midnight July fifth and noon December fifteenth through midnight January first of each calendar year."
Outside those two windows, retail sale of permissible fireworks is not allowed. Separately, and regardless of season, selling fireworks or storing them for future sale at any inhabited dwelling or home is prohibited outright.
No Statewide Discharge-Date or Hours Rule
Louisiana's chapter does not set a statewide calendar window or hours-of-day restriction on when a person may actually discharge fireworks they have lawfully bought. Instead, two statewide rules restrict where fireworks, not only permissible fireworks, may be discharged. La. R.S. 51:654(B) bars igniting or exploding fireworks within 1,000 feet of a church, hospital, asylum, school, public building, or fireworks retail location. Separately, La. R.S. 51:653(B) bars exploding fireworks within 75 feet of any facility or mechanism where flammable liquids are dispensed or stored above ground, or within 75 feet of anywhere fireworks are stored, sold, or offered for sale. Timing beyond the sale window described above is left to parish or municipal ordinance under the local-option provision discussed below, not to a statewide discharge-date rule.

Age
Louisiana bars selling fireworks to certain categories of buyer regardless of the sale window. La. R.S. 51:654(A) states:
"No person shall offer to sell or sell fireworks to a child known to be under the age of fifteen years or to any person known to be intoxicated or any person known to be irresponsible."
Separately, a minor under 17 may not be employed at a retail fireworks facility without the retailer complying with Louisiana's general state labor regulations governing minor employment.
Permits
Selling, constructing, or manufacturing fireworks in Louisiana requires the proper permit. La. R.S. 51:656(A) states:
"It is unlawful to sell, construct, or manufacture any items of fireworks without first obtaining a retail permit properly issued by the state fire marshal."
That retail-permit requirement sits alongside a broader chain-of-custody rule: under La. R.S. 51:658(A), every manufacturer, assembler, distributor, importer, jobber, and retailer must hold its own proper permit to operate. Separately, public, proximate, and Class C public displays are licensed under La. R.S. 51:655, which requires sign-off on safety from the state fire marshal or a certified local authority before a display may proceed.
Local Option
Louisiana gives every parish and municipality broad authority to regulate fireworks locally. La. R.S. 51:660 states:

"The governing authority of a parish or municipality is hereby authorized to regulate or prohibit the sale, use, and possession of pyrotechnics commonly known as fireworks in conformity with the provisions of this Part."
That means a Louisiana parish or city can add its own restrictions on top of the statewide sale window and banned-devices list described above, or prohibit fireworks sale, use, or possession within its own jurisdiction entirely, as long as it acts in conformity with the state chapter.
Federal Layer
Federal law sets a floor underneath Louisiana's rules. Consumer fireworks sold anywhere in the country must meet U.S. Consumer Product Safety Commission construction and labeling standards for DOT Class 1.4G devices (16 CFR Parts 1500.17 and 1507). Separately, 27 CFR 555.141(a)(7) exempts the importation, distribution, and storage of consumer fireworks, though not their manufacture, from the federal explosives-licensing requirements that otherwise apply. It is a federal crime under 18 U.S.C. § 836 to transport fireworks, other than in the course of continuous interstate transportation through a state, into any state whose law specifically prohibits or regulates the use of fireworks, knowing they will be delivered, possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by that state's law; a violation is punishable by a fine or up to one year of imprisonment, or both. The statute exempts common and contract carriers, international or domestic water carriers engaged in interstate commerce, and transportation into a state for federal agencies' own operations. The stronger, state-law point for Louisiana's own banned-devices list is separate from this federal crime: La. R.S. 51:651.1(B) itself makes it "unlawful for any person to ship into the state of Louisiana any of the above mentioned items for any purpose whatsoever," so bringing a cherry bomb or an oversized salute into Louisiana can violate state law on its own, without regard to the federal knowledge requirement. USPS Publication 52 § 341.22 separately classifies all fireworks as nonmailable explosives.
Penalties
Louisiana's fireworks chapter carries several different penalty tracks, and the steepest one is not the permit penalty; it is the banned-devices penalty. La. R.S. 51:651.1(F) states:
"Whoever violates this Section shall, upon conviction, be fined not more than one thousand dollars or imprisoned, with or without hard labor, for not more than two years, or both. Each violation of this Section constitutes a separate offense."
Because that subsection authorizes imprisonment at hard labor, it is a felony under Louisiana's general criminal code, which defines a felony as any crime for which an offender may be sentenced to death or imprisonment at hard labor. So possessing, selling, using, or shipping into the state a cherry bomb, an oversized firecracker, a sky lantern, or any other item on the banned-devices list is felony-exposed, not merely a fine-level offense, and each violation is its own count.
Possessing, selling, or using fireworks other than permissible fireworks in violation of R.S. 51:651 draws a separate, escalating fire-marshal fine rather than a single flat penalty. La. R.S. 51:651(B) states:
"Any person who violates the provisions of this Section for the first time shall be fined two hundred fifty dollars by the fire marshal. For a second violation, the fire marshal shall fine the violator five hundred dollars. For a third violation within a thirty-six-month period, the fire marshal shall impose a penalty of no less than one thousand dollars and shall suspend or revoke the permit of the violator."
A permit suspended or revoked for a third violation cannot be reissued, and the person named on it cannot apply for a new permit, for 24 months; the violator is entitled to notice and a hearing under Louisiana's Administrative Procedure Act.
A catch-all penalty covers violations of the Part that carry no specific penalty of their own, including operating without a required permit, selling outside the § 652(B) sale window, selling to a buyer barred by § 654(A), and discharging within the § 654(B) 1,000-foot zone. La. R.S. 51:658(B) states:
"A person who violates any provision of this Part, with the exception of the penalties specifically imposed herein, shall upon conviction be subject to a fine of not more than ten thousand dollars or imprisonment for not more than six months, or both."
That penalty treats each day's violation, and each separate physical location in violation, as its own offense, rather than a single ongoing offense. Two separate penalties apply to fireworks and vehicles: § 654(C) bars igniting or discharging fireworks in a motor vehicle, or throwing fireworks from a motor vehicle, and § 654(D) bars placing an ignited article of fireworks in a motor vehicle, or throwing an ignited article of fireworks at a motor vehicle. Each is punishable by a fine of $500, up to 6 months imprisonment, or both.
For how Louisiana's rule compares with the rest of the country, see fireworks laws by state. Louisiana also has its own Louisiana open container law covering a different vehicle-related rule.
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 windows, and penalties change frequently and are often further restricted by parish or municipal ordinance beyond what state law requires; verify the current rule for your specific parish and municipality 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
When can you buy fireworks in Louisiana?
Retail sale of permissible fireworks is limited to noon June 16 through midnight July 5 and noon December 15 through midnight January 1 each year, under La. R.S. 51:652(B).
What fireworks are banned in Louisiana, and what happens if you have one?
Cherry bombs, tubular salutes, 2-inch American-made salutes, oversized firecrackers, repeating bombs, aerial bombs, oversized torpedoes, Roman candles larger than 10-ball, sky rockets larger than 6 ounces, and aerial luminaries such as sky lanterns are unlawful to possess, sell, use, or ship into the state, under La. R.S. 51:651.1(B) and (D). A conviction can carry up to two years' imprisonment with or without hard labor, a felony under Louisiana law, under § 651.1(F).
Is there a rule for when you can actually set off fireworks in Louisiana, separate from when you can buy them?
Louisiana's statute sets no statewide discharge-date or hours rule. Two statewide location rules apply instead: no igniting fireworks within 1,000 feet of a church, hospital, asylum, school, public building, or fireworks retail location (§ 654(B)), and no exploding fireworks within 75 feet of stored flammable liquids or anywhere fireworks are sold or stored (§ 653(B)). Any timing rule beyond the sale window comes from parish or municipal ordinance.
What is the minimum age to buy fireworks in Louisiana?
Louisiana bars selling fireworks to a child known to be under 15, or to a person known to be intoxicated or known to be irresponsible, under La. R.S. 51:654(A).
What is the penalty for selling fireworks illegally in Louisiana?
It depends on what was sold. Possessing, selling, or using fireworks other than permissible fireworks in violation of R.S. 51:651 draws an escalating fire-marshal fine: $250 for a first violation, $500 for a second, and at least $1,000 plus permit suspension or revocation for a third within 36 months, under § 651(B). Selling without any permit at all, selling outside the sale window, or selling to a buyer barred by § 654(A) falls under the catch-all penalty of § 658(B): a fine of up to $10,000, up to 6 months imprisonment, or both, with each day and each location a separate violation.
Can you set off fireworks from a car in Louisiana?
No. Igniting or discharging fireworks in a motor vehicle, or throwing fireworks from a motor vehicle, is punishable by a fine of $500, up to 6 months imprisonment, or both, under La. R.S. 51:654(C). Placing an ignited article of fireworks in a vehicle, or throwing one at a vehicle, carries the same penalty under § 654(D).
Can a Louisiana parish or city ban fireworks even though state law allows them?
Yes. La. R.S. 51:660 authorizes the governing authority of every parish and municipality to regulate or prohibit the sale, use, and possession of fireworks within its own jurisdiction, in conformity with the state chapter.
Updates
Corrected the penalty section: the R.S. 51:651(B) fire-marshal fine applies to possessing, selling, or using non-permissible fireworks, and the R.S. 51:658(B) penalty is the catch-all for any Part violation without its own penalty, not only unpermitted operation.
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.
Louisiana Revised Statutes
§ 51:651Sale or use of permissible fireworksIn forcecited in 2 of our articles
A. It shall be unlawful for any individual, firm, partnership, or corporation to possess, sell, or offer for sale or use within the state of Louisiana any pyrotechnics commonly known as fireworks other than the permissible fireworks. Permissible fireworks, formally known as Class "C" "common fireworks", consist of United States Department of Transportation classification codes UN 0336, 1.4G, or 1.4S and in addition includes "consumer fireworks" as defined by The Consumer Product Safety Commission and shall mean such articles of fireworks as are enumerated or may hereafter be enumerated by the United States Code of Federal Regulations: 49 CFR 173: Regulations of United States Department of Transportation for the transportation of explosives and other dangerous articles; 27 CFR 55: The Bureau of Alcohol, Tobacco and Firearms regulations of the commerce of explosives; and 16 CFR 1507: Consumer Product Safety Commission regulation of hazardous substances.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at legis.la.gov
Also relied on in: Fireworks Laws by State (2026): What Is Legal, Sale Dates, Penalties
§ 51:651.1Possession, sale, or use of certain fireworks prohibited; penaltiesIn force
A. The provisions of R.S. 51:651 shall not be construed to authorize the possession, sale, use, or shipment into the state of the types of fireworks which are specifically prohibited by this Section. B. It is unlawful for any person in the state of Louisiana to possess, sell, or use for any purpose whatsoever any of the following items of commercial fireworks: cherry bombs, tubular salutes, two-inch American-made salutes, firecrackers with casings the external dimensions of which exceed one and one-half inches in length or one-quarter of an inch in diameter, repeating bombs, aerial bombs, torpedoes which exceed three-eighths of an inch in diameter, Roman candles larger than ten ball, and sky rockets larger than six ounces. It is also unlawful for any person to ship into the state of Louisiana any of the above mentioned items for any purpose whatsoever. C. The items of commercial fireworks enumerated in this Section shall not be considered as public display fireworks within the meaning of R.S. 51:655. D.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 51:652Proper naming; certification on shipping cases; time for selling; exceptions; sale and storage in homes prohibitedIn force
A. No permissible articles of consumer fireworks enumerated in R.S. 51:651 shall be sold, offered for sale, or used in the state of Louisiana, unless such fireworks are properly named to conform to the nomenclature of R.S. 51:651 and certified on all shipping cases and by imprinting on the article or retail container "United States Department of Transportation UN0336, 1.4G, 1.4S, or consumer fireworks". Such imprint shall be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public. B. Permissible items of fireworks, enumerated in R.S. 51:651, may be sold at retail only from noon June sixteenth through midnight July fifth and noon December fifteenth through midnight January first of each calendar year. C. Fireworks shall not be sold or stored for future sale at any inhabited dwelling, house, apartment, or other structure used in whole or in part as a home or place of abode by any person or persons.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 51:654Sales to children under fifteen or to intoxicated or irresponsible persons prohibited; unlawful discharge; minimum age for employee; penaltiesIn force
A. No person shall offer to sell or sell fireworks to a child known to be under the age of fifteen years or to any person known to be intoxicated or any person known to be irresponsible. B. No person shall explode or ignite fireworks within one thousand feet of any church, hospital, asylum, school, public building, or fireworks retail location. C. No person shall ignite or discharge fireworks in a motor vehicle or throw fireworks from a motor vehicle. Whoever violates this Subsection shall be fined five hundred dollars or imprisoned for not more than six months, or both. D. No person shall place an ignited article of fireworks in or throw an ignited article of fireworks at a motor vehicle. Whoever violates this Subsection shall be fined five hundred dollars or imprisoned for not more than six months, or both. E. No minor under the age of seventeen shall be employed in a facility where fireworks are sold at retail without complying with the regulations of Louisiana Works. The minor shall be subject to the restrictions placed on the number of hours of employment permitted minors by Louisiana Works.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 51:653Storing and displaying of fireworksIn force
A. The placing, storing, locating or displaying of fireworks in any place where the sun may shine through glass, which is not tinted, onto the fireworks is prohibited. The presence of lighted cigars, cigarettes, or pipes within ten feet of where the fireworks are offered for sale is prohibited. At all places where fireworks are stored or sold there shall be signs posted with the words "Fireworks ...... No Smoking" in letters not less than four inches high. B. The physical facility such as a fireworks stand, retail fast food outlet, or any other similar facility where fireworks are sold, offered for sale, or stored shall be located not less than fifty feet from any facility or mechanism where inflammable liquids are dispensed or stored above ground or where paint, oil, varnish, resin, turpentine, or other inflammable substances which may generate inflammable vapors are used, stored, or sold. No fireworks shall be exploded within seventy-five feet of any facility or mechanism where inflammable liquids are dispensed or stored above ground or within seventy-five feet of any location where fireworks are stored, sold, or offered for sale. C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 51:656Permit to sell fireworks; application; fees; permit numbersIn force
A. It is unlawful to sell, construct, or manufacture any items of fireworks without first obtaining a retail permit properly issued by the state fire marshal. B.(1) Prior to engaging in the sale of fireworks, an applicant shall submit to the state fire marshal an application on a form provided by the state fire marshal, or electronically through the IMS system, on or before June first of each year setting forth any facts and information as the state fire marshal may determine necessary and proper considering the requirements of public health, safety, and welfare. Prior to obtaining and in order to maintain a permit, the facilities of the permittee shall comply with the applicable provisions of the Life Safety Code and subsequent referenced standards as adopted by the state fire marshal pursuant to the provisions of R.S. 40:1578.6. (2) The retail permit is effective for purchases of wholesale fireworks, and such permit is effective from the date of issuance through midnight December thirty-first of the applicable year.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 51:658PenaltiesIn force
A.(1) No manufacturer, assembler, distributor, importer, jobber, or retailer shall operate within the state of Louisiana without proper permit. (2) A person found operating within the state of Louisiana without a proper permit shall immediately cease the sale of fireworks upon the lawful order of the state fire marshal, a certified local authority of the fire marshal, or any local law enforcement official until such time as an application for permit has been made to the state fire marshal as required in R.S. 51:656 and subsequently granted. The application for a retail permit shall be notarized and shall attest that each location on the application is situated in a jurisdiction which allows legal retail fireworks sales, that no open flame heating devices are located at any listed location, that there are no facilities for sleeping and sleeping is not allowed in any listed location, and that no listed location is used for residential purposes or for other than the purpose of making retail sales of fireworks. Violation by transmission of a false statement or false representation of any information required by this Paragraph may be prosecuted pursuant to R.S.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 51:655Public displays; proximate displays; Class C public displays; licenses; permits; fees; adoption of rules and regulationsIn force
A. A person or firm shall not make a public display, as defined by this Part, without obtaining a pyrotechnic operator's license properly issued by the office of state fire marshal. The pyrotechnic operator is responsible for safely storing, setting up, and removing pyrotechnic materials and devices after a display and in accordance with manufacturer standards. B. A person or firm shall not make a proximate display, as defined by this Part, without obtaining a pyrotechnic special effects operator's license properly issued by the office of state fire marshal. C.(1) Applicants for a pyrotechnic operator's license or pyrotechnic special effects operator's license shall make application to the office of state fire marshal, take a written examination, and obtain a passing grade of at least seventy percent. Persons holding a valid blaster's license, as described in R.S. 40:1472.1 et seq., on or before September 30, 2003, may forego the written examination by the demonstration through practical tests or documentation deemed necessary by the state fire marshal to determine the applicant's knowledge and ability.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 51:660Local governing authorities; regulation or prohibition of sale, use, and possession of pyrotechnics or fireworksIn force
The governing authority of a parish or municipality is hereby authorized to regulate or prohibit the sale, use, and possession of pyrotechnics commonly known as fireworks in conformity with the provisions of this Part.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1982
Opinions citing this section in our collection:
- Hutchinson v. BOARD OF ALDERMAN, ETC. (Louisiana Court of Appeal 1982, 423 So. 2d 1229)“…uthority to regulate the sale of fireworks. He is mistaken. La.R.S. 51:660 specifically grants such authority to l…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 51:650DefinitionsIn force
As used in this Part, the following terms have the meanings ascribed to them in this Section unless the context clearly indicates otherwise: (1) "1.3G Fireworks" is a United States Department of Transportation (hereinafter referred to in this Section as "DOT") classification indicating display fireworks to be used by professionals in a public display. (2) "1.4G Fireworks" means consumer fireworks intended for use by the general public. (3) "Aerial luminary" means an airborne paper or membrane lantern containing a small candle, or other device for fuel, that heats air from inside the lantern causing the lantern to rise into the air and remain airborne until the candle or other fuel device extinguishes or is caused to descend by environmental effects. These items are commonly known as sky lanterns, Hawaii lanterns, Kongming lanterns, Chinese lanterns, fire balloons, or flying luminaries.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
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: Delaware Fireworks Laws (2026): Sparklers, Novelties, Dates, DC Fireworks Laws: Permitted List, Licensing, Penalties, Florida Fireworks Laws (2026): Sparklers vs. Holiday Rules
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
- La. R.S. 51:650 - Definitions, including exclusions from "fireworks" (blank cartridges, model rockets, toy caps)(legis.la.gov).gov
- La. R.S. 51:651 - Permissible fireworks defined by device type with per-device composition caps; (B) escalating fire-marshal fine for a violation: $250/$500/$1,000+permit revocation for 1st/2nd/3rd offense within 36 months(legis.la.gov).gov
- La. R.S. 51:651.1 - Possession, sale, use, or shipment into the state of named banned devices prohibited (B); aerial luminaries/sky lanterns banned (D); felony penalty up to $1,000 and 2 years with or without hard labor (F)(legis.la.gov).gov
- La. R.S. 51:652 - Sale dates for permissible fireworks(legis.la.gov).gov
- La. R.S. 51:653(B) - 75-foot discharge restriction near stored flammable liquids or fireworks storage/sale locations(legis.la.gov).gov
- La. R.S. 51:654 - Sale to minors/intoxicated/irresponsible persons prohibited; 1,000-foot discharge-location restriction; vehicle-discharge penalties(legis.la.gov).gov
- La. R.S. 51:655 - Public, proximate, and Class C public display licensing(legis.la.gov).gov
- La. R.S. 51:656 - Retail permit required from the state fire marshal(legis.la.gov).gov
- La. R.S. 51:658 - Permit required for manufacturers, assemblers, distributors, importers, jobbers, retailers; penalty for unpermitted operation(legis.la.gov).gov
- La. R.S. 51:660 - Local regulation by parishes and municipalities(legis.la.gov).gov
- 16 CFR 1500.17 / 1507 - CPSC consumer fireworks (1.4G) construction and safety standards(ecfr.gov).gov
- 27 CFR 555.141(a)(7) - Federal explosives-licensing exemption for importation, distribution, and storage of consumer fireworks(ecfr.gov).gov
- 18 U.S.C. § 836 - Federal crime to transport fireworks into any state whose law specifically prohibits or regulates fireworks use; fine or up to one year imprisonment; carrier, water-carrier, federal-agency, and agricultural-use exceptions(uscode.house.gov).gov
- USPS Publication 52 § 341.22 - Fireworks classified as nonmailable explosives(pe.usps.com).gov