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Fireworks Laws in Wisconsin

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

Short answer: State law defines 'fireworks' broadly but excludes sparklers up to 36 inches, fountains classed as Division 1.4 explosives, smoke devices, snakes, caps, ground spinners and small novelties, so the state permit rule does not cover them. Wis. Stat. § 167.10(1), (2), (3), (5), (7), (9)

FireworksState law defines 'fireworks' broadly but excludes sparklers up to 36 inches, fountains classed as Division 1.4 explosives, smoke devices, snakes, caps, ground spinners and small novelties, so the state permit rule does not cover them. Using or possessing other fireworks (anything made for exploding, emitting sparks or combustion that is not excluded) requires a user's permit from the city, village or town; permits may not be issued to minors. Selling fireworks is allowed only to permit holders, municipalities, nonresidents and certain other buyers. Violations are a civil forfeiture of up to $1,000, and a parent who lets a minor use fireworks faces the same forfeiture and is liable for damages. Cities, villages, towns and counties may adopt stricter rules, including bans. The statute sets no statewide dates.

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FAQ

Are fireworks legal in Wisconsin?
State law defines 'fireworks' broadly but excludes sparklers up to 36 inches, fountains classed as Division 1.4 explosives, smoke devices, snakes, caps, ground spinners and small novelties, so the state permit rule does not cover them. Using or possessing other fireworks (anything made for exploding, emitting sparks or combustion that is not excluded) requires a user's permit from the city, village or town; permits may not be issued to minors. Selling fireworks is allowed only to permit holders, municipalities, nonresidents and certain other buyers. Violations are a civil forfeiture of up to $1,000, and a parent who lets a minor use fireworks faces the same forfeiture and is liable for damages. Cities, villages, towns and counties may adopt stricter rules, including bans. The statute sets no statewide dates.
Can I get a court-appointed lawyer for fireworks in Wisconsin?
Wisconsin's rule on court-appointed lawyers: The Wisconsin State Public Defender determines whether a person is indigent and verifies income, assets, public assistance and expenses; applicants sign statements that the information is true and that they have not disposed of assets to qualify (knowingly false statements are a Class I felony). Under the statutory standard, assets are counted only if they exceed $2,500 in combined equity value (excluding up to $10,000 of equity in vehicles and the first $30,000 of homestead equity), and income is counted only if gross income exceeds 115 percent of the federal poverty guideline; a spouse's income and assets count unless the spouse is the alleged victim. A circuit court may review any indigency determination. The office collects payment for representation from persons able to pay, based on ability to pay and a board fee schedule. Wis. Stat. §§ 977.02(3), 977.06
How much does a lawyer for fireworks cost in Wisconsin?
Lawyers set their own fees, and Wisconsin has rules on how they may charge. See hiring a criminal defense lawyer in Wisconsin for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for fireworks in Wisconsin?
How release before trial works in Wisconsin: A defendant arrested for a criminal offense is eligible for release under reasonable conditions designed to assure appearance in court, protect members of the community from serious harm, or prevent the intimidation of witnesses (subject to exceptions in ss. 969.035 and 971.14(1r)). Bail may be imposed at or after the initial appearance only if the court finds that bail is necessary to assure the defendant's appearance in court, or, for a defendant accused of a violent crime, that bail is necessary based on the totality of the circumstances (considering prior violent-crime convictions, likelihood of not appearing, the need to protect the community from serious harm and prevent witness intimidation, and potential affirmative defenses). When bail is set to assure appearance, it shall be only in the amount found necessary to assure appearance; when set for a violent crime, it may not be excessive. The court considers the ability of the arrested person to give bail, the nature, number and gravity of the offenses and potential penalty, whether the alleged acts were violent in nature, prior record, character, health, residence and reputation, the strength of the evidence, supervision status, pending release conditions, prior bail forfeitures, and the policy against unnecessary detention pending trial. Wis. Stat. § 969.01(1), (4) What happens after an arrest.
Can a conviction for fireworks be removed from my record in Wisconsin?
Each state sets its own rules for sealing or expunging records. See Wisconsin 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.