Fireworks Laws in Oregon
How Oregon law treats fireworks: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.
Short answer: Possessing, using or exploding fireworks in Oregon is illegal unless an exception applies; the main one lets members of the public buy 'consumer fireworks' for personal use from a holder of a State Fire Marshal retail permit. ORS 480.111, 480.120, 480.127, 480.165, 480.990(5)
| Fireworks | Possessing, using or exploding fireworks in Oregon is illegal unless an exception applies; the main one lets members of the public buy 'consumer fireworks' for personal use from a holder of a State Fire Marshal retail permit. Consumer fireworks are ground-based items such as cone and cylindrical fountains, flitter sparklers, ground spinners, illuminating torches and wheels, plus other items with 500 grams or less of pyrotechnic composition that the Fire Marshal approves by rule. Retail sales are allowed only from June 23 through July 6 each year. Violating the fireworks law is a Class B misdemeanor (up to 6 months), and the Fire Marshal may also impose a civil penalty of up to $500 per violation (not on an individual holding less than $50 worth). Class B felony up to 10 years/$250,000; Class C felony up to 5 years/$125,000; Class A misdemeanor up to 364 days/$6,250; Class B misdemeanor up to 6 months/$2,500; Class C misdemeanor up to 30 days/$1,250; violations are fine-only (max $2,000 Class A, $1,000 Class B, $500 Class C, $250 Class D). Felony sentences are also set by the sentencing guidelines grid. |
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FAQ
Are fireworks legal in Oregon?
Possessing, using or exploding fireworks in Oregon is illegal unless an exception applies; the main one lets members of the public buy 'consumer fireworks' for personal use from a holder of a State Fire Marshal retail permit. Consumer fireworks are ground-based items such as cone and cylindrical fountains, flitter sparklers, ground spinners, illuminating torches and wheels, plus other items with 500 grams or less of pyrotechnic composition that the Fire Marshal approves by rule. Retail sales are allowed only from June 23 through July 6 each year. Violating the fireworks law is a Class B misdemeanor (up to 6 months), and the Fire Marshal may also impose a civil penalty of up to $500 per violation (not on an individual holding less than $50 worth).
Can I get a court-appointed lawyer for fireworks in Oregon?
Oregon's rule on court-appointed lawyers: Public defense is administered by the Oregon Public Defense Commission. A person is financially eligible for appointed counsel if the person is financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the person's dependents, under standards set by the commission. Eligibility is determined by the court from a detailed financial statement (on a commission-specified form) disclosing assets, liabilities, income and dependents; eligibility verification and screening personnel may assist the courts. If the court finds the person can pay all or part of the costs of the eligibility determination and appointed counsel, it may enter a limited judgment requiring payment of what the person can pay without substantial hardship; failure to pay is not grounds for contempt or for counsel to withdraw. ORS 151.213, 151.485, 151.487, 151.489
How much does a lawyer for fireworks cost in Oregon?
Lawyers set their own fees, and Oregon has rules on how they may charge. See hiring a criminal defense lawyer in Oregon for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for fireworks in Oregon?
How release before trial works in Oregon: A magistrate makes a release decision at arraignment or other first appearance, giving priority to the primary release criteria and imposing the least onerous condition reasonably likely to ensure the safety of the public and the victim and the person's appearance. Eligible persons are released on personal recognizance unless the release criteria require otherwise; if not, the magistrate considers conditional release, then security release. A requested release hearing must be held within 48 hours of arraignment (and no later than five days unless the defendant consents). For murder, aggravated murder or treason, release is denied when the proof is evident or the presumption strong that the person is guilty. For violent felonies, release is denied if the court finds probable cause and, by clear and convincing evidence, a danger of physical injury or sexual victimization to the victim or public; the defendant may request a hearing at arraignment, held within five days. For security release, the magistrate sets a security amount that will reasonably assure appearance; the defendant may deposit 10 percent of the security amount (at least $25), of which 85 percent is returned at discharge and 15 percent retained as costs, or post property or sureties worth double the security amount. ORS 135.240, 135.245, 135.265 What happens after an arrest.
Can a conviction for fireworks be removed from my record in Oregon?
Each state sets its own rules for sealing or expunging records. See Oregon 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.