Are aerial fireworks illegal in Idaho? Yes. Can you still buy them? Also yes

BOISE (Idaho Statesman) – Numerous fireworks stands have popped up in the Treasure Valley in the run-up to the Fourth of July, but depending on where you shop, you’ll find different offerings – and possibly different interpretations of what you can legally buy in Idaho.

In Boise, stands offer sparklers, fire snakes, firecrackers, wheels, whistles and fountains – fireworks that are considered “safe and sensible” because they don’t take off from the ground or explode. But outside the city limits, some stands offer aerial fireworks: Roman candles, firecrackers, cherry bombs, bottle rockets and more.

That’s because Boise enforces an interpretation of Idaho law that makes aerial fireworks illegal. Not all cities have followed suit.

State law allows fireworks stands to sell “non-aerial fireworks,” such as the safe and sensible options and fireworks intended for public displays. But for years, dealers have sold aerial fireworks to consumers who sign a waiver or affidavit saying they will not use the fireworks in Idaho.

According to government officials, these exemptions are not required by law — although some fireworks sellers believe they are — and they do not make it legal for regular shoppers to buy fireworks. But unless lawmakers or local authorities take action, nothing will change.

The Idaho Attorney General’s Office confirms the previous opinion

In 2017, Idaho Attorney General’s Office Criminal Division Chief Paul Panther issued an opinion declaring the sale of fireworks illegal unless they are sold to a person who has a permit to use them at an event or public display. Attorney General’s Office spokesman Dan Estes told the Idaho Statesman in an email that the opinion has not been changed or updated.

However, Estes said the Attorney General could not go any further on the issue of aerial fireworks because the agency “has no enforcement authority over the dealers and sellers of fireworks or the persons who use them, nor does it have any oversight function over the entities that have such enforcement authority.”

“This is the responsibility of county and municipal law enforcement agencies,” Estes said.

Boise police spokeswoman Haley Kramer said officers in Boise can confiscate illegal fireworks and issue fines — $100 for the first offense and a misdemeanor charge with a $300 fine for each subsequent offense within five years. This also applies to confiscating illegal fireworks.

The truth about waivers and affidavits

Vendors that operate several temporary fireworks stands in the Treasure Valley, such as Family Fun Fireworks and Fat City Fireworks, which also operates a year-round business in Elmore County, promote safe and sensible fireworks displays at locations in Boise and offer aerial fireworks options at locations in Star, Emmett and Nampa.

Fat City requires fireworks buyers to sign an affidavit stating their intent to use the fireworks outside of Idaho. The document also releases Fat City from any liability if the buyer uses the fireworks in violation of the terms of the affidavit.

Fat City did not respond to email or phone requests for comment.

An owner of Family Fun Fireworks said by phone that she believes the exemption is required under Idaho law to sell aerial fireworks. She declined to comment further.

Panther noted that in his opinion there is no such requirement in state law.

“Whether a seller requires such an affidavit or a buyer decides to sign it or purchase fireworks elsewhere is an entirely private matter,” Panther wrote.

It is unclear how long fireworks vendors keep the signed waivers or when and why they started using them in the first place.

What’s wrong with fireworks in the air?

Aerial fireworks are considered a potential fire hazard because they can produce sparks and land far from their original location, potentially igniting vegetation or other fuels.

Although they pose a greater risk than safe and sensible options, Kramer said people with complaints about fireworks should call 208-377-6790 rather than 911 unless there is an emergency.

“In many cases where officers respond to reports of fireworks and do not witness the use of illegal fireworks, we need a witness to sign the citation,” Kramer added. “If no one is willing to do that, officers can issue warnings and talk to people about the risks of illegal fireworks. And every year, our officers find that people usually comply after we contact them.”

According to a post on the city’s website, the Boise Fire Department responded to 25 fires caused by fireworks last July 4.

The use of fireworks of any kind is prohibited in the Boise Foothills and unincorporated Ada County, where the risk of wildfires is particularly high.

Just last Friday, a group of teenagers started a 100-acre grass fire near Southeast Boise by setting off illegal fireworks. A 16-year-old was charged with the misdemeanor of burning wood or prairie land.