All Laws Decoded

Fireworks Laws in Montana

How Montana law treats fireworks: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Permissible fireworks are consumer fireworks that meet federal consumer-fireworks rules; they may be sold only from June 24 through July 5 and December 29 through December 31, and not within 300 feet of a hospital or church. MCA 50-37-103, 50-37-105, 50-37-106, 50-37-110, 50-37-102(3)

FireworksPermissible fireworks are consumer fireworks that meet federal consumer-fireworks rules; they may be sold only from June 24 through July 5 and December 29 through December 31, and not within 300 feet of a hospital or church. No one under 18 may sell them, and it is unlawful to set off fireworks in a state park, forest or recreation area, within 100 feet of a fireworks stand, from or toward a vehicle, or near people or animals in a way likely to injure them. A violation is a misdemeanor with a fine of $100 to $500 and/or 30 days to six months in jail. Cities and towns that have banned fireworks sales under 7-33-4206 keep their bans.
Dates: https://mca.legmt.gov/bills/mca/title_0500/chapter_0370/part_0010/section_0060/0500-0370-0010-0060.html; penalty: https://mca.legmt.gov/bills/mca/title_0500/chapter_0370/part_0010/section_0100/0500-0370-0010-0100.html

More Montana criminal law

FAQ

Are fireworks legal in Montana?
Permissible fireworks are consumer fireworks that meet federal consumer-fireworks rules; they may be sold only from June 24 through July 5 and December 29 through December 31, and not within 300 feet of a hospital or church. No one under 18 may sell them, and it is unlawful to set off fireworks in a state park, forest or recreation area, within 100 feet of a fireworks stand, from or toward a vehicle, or near people or animals in a way likely to injure them. A violation is a misdemeanor with a fine of $100 to $500 and/or 30 days to six months in jail. Cities and towns that have banned fireworks sales under 7-33-4206 keep their bans.
Can I get a court-appointed lawyer for fireworks in Montana?
Montana's rule on court-appointed lawyers: The Office of State Public Defender assigns counsel to eligible applicants; eligibility determinations are subject to the review and approval of the court. An applicant is indigent if 'the applicant's gross household income is at or less than 133% of the poverty level' (federal poverty guidelines) or if disposable income and assets are 'insufficient to retain competent private counsel without substantial hardship to the applicant.' The applicant must provide a detailed financial statement and sign an affidavit on a prescribed form; false statements may be prosecuted. The section does not set an application fee. MCA § 47-1-111
How much does a lawyer for fireworks cost in Montana?
Lawyers set their own fees, and Montana has rules on how they may charge. See hiring a criminal defense lawyer in Montana for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for fireworks in Montana?
How release before trial works in Montana: Before a verdict, the court must either authorize release 'upon reasonable conditions that ensure the appearance of the defendant' and protect the safety of the community or any person, or detain the defendant when there is probable cause to believe the defendant committed an offense for which death is a possible punishment and adequate safeguards are unavailable (§ 46-9-106). The amount of bail must be sufficient to ensure the defendant's presence and compliance with bail conditions and to protect any person from bodily injury; 'not oppressive'; commensurate with the nature of the offense; and considerate of the financial ability of the accused, prior record, history of abscondence, length of residence and community ties, family ties, mental health status and treatment, and employment status (§ 46-9-301). MCA §§ 46-9-106, 46-9-301 What happens after an arrest.
Can a conviction for fireworks be removed from my record in Montana?
Each state sets its own rules for sealing or expunging records. See Montana 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.