The Unlawful Use of Fireworks
Getting ready for special times and holidays often includes the excitement of setting up cool fireworks. The inclusion of public fireworks displays enhances the enjoyment of celebrations, infusing excitement and contributing to the creation of a memorable event. But to keep everyone safe, it’s crucial to understand the rules about buying, having, and using unlawful types of fireworks. Knowing these rules is like a safety guide for a fun celebration.
While fireworks can make celebrations fantastic, it’s essential to recognize that they come with some risks. Here, you’ll find information on Texas’ laws and conduct a public fireworks the right way. Stay informed, so you can enjoy the fireworks without any legal issues.
Unlawful Use of Fireworks State Law Regulation
In Texas, how we handle fireworks is guided by the Texas Occupations Code, Health and Safety Code. Knowing these helps us stay on the right side of the law and avoid any trouble.
Permitted Fireworks
In Texas, the fireworks that are allowed fall into two categories: “1.4G fireworks” and “1.4S fireworks.” These designations encompass different types of fireworks, each subject to specific regulations. These approved fireworks provide alternatives for revelers to enjoy licensed pyrotechnic special effects operations within the limit of the law.
1.4G Fireworks:
- Description: Consumer fireworks suitable for personal use.
- Examples: Sparklers, fountains, and certain aerial fireworks designed for consumer use.
- Regulation: Allowed for sale, possession, and use by individuals in compliance with state and local laws.
1.4S Fireworks:
- Description: Professional fireworks display that includes larger events.
- Examples: Aerial displays used in public celebrations and events.
- Regulation: Subject to strict regulations and typically handled by licensed professionals for public displays.
Who Can Use Them:
If you’re thinking of getting fireworks in Texas, you need to be at least 16 years old. But keep an eye out because some fireworks might have their own rules about how old you need to be.
Prohibited Use of Fireworks and its Penalties
Prohibited Fireworks in Texas:
The use of specific fireworks is explicitly unlawful in Texas, including:
- Skyrockets with sticks
- Missiles with fins
- Aerial fireworks with explosive charges exceeding a specified amount
Penalties for Possession:
Possessing prohibited fireworks is considered a Class C misdemeanor, which may result in fines of up to $500.
Penalties for Use:
Actively setting off prohibited fireworks is considered a more severe offense, classified as a Class B misdemeanor. This offense may lead to fines of up to $2,000 and/or a maximum jail term of 180 days.
Additional Criminal Charges That May Accompany The Use Of Fireworks
In certain situations, using fireworks inappropriately can lead to criminal charges in Texas.
For instance, under Texas Penal Code Section 50.02:
- Using fireworks to evade law enforcement is a State Jail Felony.
- Using a homemade firework elevates the charge to a 2nd Degree Felony.
- Causing serious bodily injury to a law enforcement officer with a firework results in a 1st Degree Felony.
Other related criminal charges include:
- Criminal Mischief: Intentionally harmful property with fireworks can lead to misdemeanor or felony charges.
- Assault: Using fireworks to cause harm to someone can result in assault charges.
- Arson: Deliberately using a firework to set fire to a structure can lead to felony arson charges.
Arrested? Don’t Plea, Call Me!
While the intent is to celebrate responsibly, mishaps can occur, leading to potential legal challenges. Knowing about the unlawful use of fireworks, the penalties, and the chance of facing criminal charges stresses the need to stay informed.
If you accidentally cross legal boundaries or face misunderstandings, it’s crucial to seek guidance from an experienced criminal defense lawyer. An experienced legal professional in Texas fireworks regulations can negotiate the complexities of the law, offering guidance and support.