Fireworks Laws in Idaho
How Idaho law treats fireworks: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.
Short answer: Only nonaerial common fireworks - items such as ground spinners, fountains, sparklers, smoke devices and snakes that stay on or near the ground (not firecrackers or jumping jacks) - may be sold at retail and used, and only from June 23 through July 5 and December 26 through January 1; Idaho Code §§ 39-2602(6), 39-2606, 39-2609, 39-2611, 39-2613
| Fireworks | Only nonaerial common fireworks - items such as ground spinners, fountains, sparklers, smoke devices and snakes that stay on or near the ground (not firecrackers or jumping jacks) - may be sold at retail and used, and only from June 23 through July 5 and December 26 through January 1; the local fire authority may extend each sales period by up to five days. Other fireworks may be used only under a public-display or event permit. Selling or using fireworks outside the allowed times or altering fireworks is an infraction with a $100 fine; other violations, such as throwing fireworks at people or vehicles or using them in a declared severe fire-danger area, are misdemeanors, and fireworks used illegally may be confiscated. Parents are liable for damage caused by a minor's use of fireworks. Prohibitions: https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch26/sect39-2609/; penalties: https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch26/sect39-2613/ |
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FAQ
Are fireworks legal in Idaho?
Only nonaerial common fireworks - items such as ground spinners, fountains, sparklers, smoke devices and snakes that stay on or near the ground (not firecrackers or jumping jacks) - may be sold at retail and used, and only from June 23 through July 5 and December 26 through January 1; the local fire authority may extend each sales period by up to five days. Other fireworks may be used only under a public-display or event permit. Selling or using fireworks outside the allowed times or altering fireworks is an infraction with a $100 fine; other violations, such as throwing fireworks at people or vehicles or using them in a declared severe fire-danger area, are misdemeanors, and fireworks used illegally may be confiscated. Parents are liable for damage caused by a minor's use of fireworks.
Can I get a court-appointed lawyer for fireworks in Idaho?
Idaho's rule on court-appointed lawyers: An indigent person who is detained, confined, or formally charged with a serious crime is entitled to counsel and defense services at public expense to the extent the person cannot pay. Idaho's State Public Defender provides representation. The court decides indigency, generally at the first court appearance, and presumes indigent: persons whose current monthly income does not exceed 187% of the federal poverty guidelines; persons (or their dependents) receiving public assistance such as food, health coverage, cash or child-care assistance under title 56; and persons serving a sentence in a correctional facility or housed in a mental health facility. The court may also consider income, property, obligations, dependents and the cost of bail. A convicted person may be ordered to reimburse costs unless it would cause manifest hardship. Idaho Code §§ 19-6009, 19-6011
How much does a lawyer for fireworks cost in Idaho?
Lawyers set their own fees, and Idaho has rules on how they may charge. See hiring a criminal defense lawyer in Idaho for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for fireworks in Idaho?
How release before trial works in Idaho: A defendant charged with a crime not punishable by death must be admitted to bail or released on own recognizance before a plea or verdict of guilty. Magistrates and district courts set bail; bail stated on a warrant applies unless the magistrate finds good cause to change it. In setting release, bail amount and conditions the court may consider factors including employment and financial condition, family ties, residence history, character, the nature of the charge, prior record and past appearance in court, community ties, and the results of a pretrial risk assessment using a tool approved by the Idaho Supreme Court. The court must not require that bail be posted only in cash; bail may be a cash deposit, property bond or surety bond. After a hearing the court may increase or reduce bail, and a defendant may apply for a reduction for good cause with notice to the prosecutor. Idaho Criminal Rules 5(f), 46(a), (b), (c), (f), (l) What happens after an arrest.
Can a conviction for fireworks be removed from my record in Idaho?
Each state sets its own rules for sealing or expunging records. See Idaho expungement and record sealing rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.