All Laws Decoded

Fireworks Laws in New Jersey

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

Short answer: Most fireworks, including firecrackers, skyrockets, Roman candles and other aerial or explosive fireworks, are illegal for consumers. R.S. 21:3-2, 21:3-8, 21:2-2; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8

FireworksMost fireworks, including firecrackers, skyrockets, Roman candles and other aerial or explosive fireworks, are illegal for consumers. People 16 and older may buy and use 'sparkling devices and novelties': wire or wood sparklers, hand-held or ground-based non-explosive, non-aerial sparkling devices (within set powder limits), snakes, glow worms, smoke devices and trick noisemakers such as party poppers; municipalities may not further regulate their sale or use. Other fireworks may be sold only to permit holders. Selling or possessing illegal fireworks to sell is a crime of the fourth degree, and buying, using or possessing them is a petty disorderly persons offense (up to 30 days, fine up to $500).
Penalties: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=21%3A3-8&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+21%3A3-8%5D21%3A3-8+penalty&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; definitions: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=21%3A2-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+21%3A2-2%5D21%3A2-2+definitions+sparkling+devices&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu

More New Jersey criminal law

FAQ

Are fireworks legal in New Jersey?
Most fireworks, including firecrackers, skyrockets, Roman candles and other aerial or explosive fireworks, are illegal for consumers. People 16 and older may buy and use 'sparkling devices and novelties': wire or wood sparklers, hand-held or ground-based non-explosive, non-aerial sparkling devices (within set powder limits), snakes, glow worms, smoke devices and trick noisemakers such as party poppers; municipalities may not further regulate their sale or use. Other fireworks may be sold only to permit holders. Selling or possessing illegal fireworks to sell is a crime of the fourth degree, and buying, using or possessing them is a petty disorderly persons offense (up to 30 days, fine up to $500).
Can I get a court-appointed lawyer for fireworks in New Jersey?
New Jersey's rule on court-appointed lawyers: The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. N.J.S. 2A:158A-2, -5, -14, -15.1
How much does a lawyer for fireworks cost in New Jersey?
Lawyers set their own fees, and New Jersey has rules on how they may charge. See hiring a criminal defense lawyer in New Jersey for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for fireworks in New Jersey?
How release before trial works in New Jersey: Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). N.J.S. 2A:162-15 to -19, -25 What happens after an arrest.
Can a conviction for fireworks be removed from my record in New Jersey?
Each state sets its own rules for sealing or expunging records. See New Jersey 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.