Caught With Fireworks in New Jersey (N.J.S.A. 21:3-2)


As you gear up for your Fourth of July barbeque or family get-together, it is worth remembering that possessing fireworks or firecrackers in New Jersey is illegal and can be quite dangerous.

There are many types of fireworks people use: aerial repeaters (“cakes”), “artillery shells”, “festival balls”, aerial display tubes, firecrackers, fountains, ground spinners, mines, roman candles, and wheels.

Every year like clockwork, there are unfortunate stories that come out about children and adults who are severely injured by setting off fireworks on July 4. Even if you receive a permit to perform a fireworks show, it is absolutely essential to take precautions.

Not all types of explosive toys are illegal in New Jersey. N.J.S.A. 21:3-2 (NJ’s fireworks statute) does not prohibit, selling, buying, possessing and/or using toys or devices in which paper or plastic caps containing 0.25 grain or less of explosive compound per cap are used so long as they are made in a way that prevents a hand from coming in contact with the cap when in place for use.

However, there are no exceptions when it comes to actual fireworks. Aside from how dangerous they are, you can face serious consequences if you get caught using them.

Selling or possessing with the intent to sell fireworks is a fourth degree crime in New Jersey. If you are convicted, you could spend 18 months in prison and be forced to pay a fine of up to $10,000.

Mere possession of fireworks is a petty disorderly persons offense. You could go to jail for up to 30 days and be fined $500.

Holidays like the Fourth of July tend to bring out a different side of people. Whether it be the alcohol that is sometimes consumed or the atmosphere, people drop their guard and do things they normally would never do.

Please do not let a prison sentence ruin your Fourth of July celebration. Have fun, but be smart.

If you were charged with violating New Jersey’s fireworks statute, contact Rosenblum Law today. Our team of experienced criminal defense attorneys will fight to get you the results you are looking for.


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