DOVER – In an effort to reduce risks of bodily harm, fires, and property damage in Delaware, the House passed legislation Tuesday aimed at strengthening state laws and regulations around fireworks use and sale.
Sponsored by Rep. Madinah Wilson-Anton, House Majority Whip Ed Osienski, and Senate Majority Leader Bryan Townsend, House Bill 63 with House Amendment 1 would make several changes and additions to Delaware’s current fireworks laws, bolstering enforcement capabilities around sale and use, ensuring consumer awareness through required safety information, and creating a revenue stream for the Fire Marshal’s office to help fund their work improving oversight and public education.
“The widespread, illegal use of fireworks in Delaware has been an issue for some time now. I was first alerted to the issue by members of my community, and after reaching out to the State Fire Marshal, I learned that the issue is due to a lack of public awareness of state law on fireworks and misleading advertisements from out-of-state retailers,” said Rep. Madinah Wilson-Anton, House Prime Sponsor of HB 63.
“The current law is confusing. HB 63 is a direct response to this issue and bolsters the Office of the State Fire Marshall’s ability to regulate firework usage and keep Delawareans safe.”
The sale or possession of fireworks was previously prohibited in Delaware. Up until recently, it was one of only two states in the country with an outright ban. In 2018, a new state law eased those restrictions slightly, allowing the sale and use of certain fireworks regulated by the federal government on specific days of the year.
This is the current law. On July 4th, the third day of Diwali, Dec. 31st, and January 1st, Delawareans are permitted to use certain fireworks, such as sparklers, ground-based displays, and a selection of other non-airborne, non-explosive novelty items. Those fireworks can only be purchased by a person 18 years of age or older each year 30 days before those four holidays.
Aerial and explosive fireworks of any type, including bottle rockets, firecrackers, fire balloons, Roman candles, and any other device that explodes or shoots into the air are strictly prohibited year-round. It is also illegal to purchase these fireworks across state lines and bring them back to Delaware.
Maryland and New Jersey have use and sale restrictions similar to Delaware, but Pennsylvania has some of the most lax fireworks laws in the country. Firecrackers, Roman candles, bottle rockets, and similar fireworks containing up to 50 milligrams of explosive material are allowed to be purchased and used by anyone over 18 in that state, and are sold year-round by retailers.
Despite it being illegal for anyone to bring aerial and explosive fireworks into Delaware, there are advertisements in Delaware for Pennsylvania-based fireworks retailers, creating confusion for the general public and increasing the likelihood of illegal fireworks use.
HB 63 mandates that all fireworks advertisements contain a warning that the use of fireworks is generally illegal without a permit in Delaware. Advertisers who do not adhere to this would be subject to a civil fine of $1,000 for each violation.
To further control the sale of fireworks in the state, HB 63 also requires that all fireworks retailers in Delaware register with the Office of the State Fire Marshal 60 days prior to the legal selling period, and pay a $100 permit fee.
An inspection fee of $25 is also required for the inspection of temporary-structure retail locations, such as tents and stands, and an additional $25 for an inspection of their fireworks inventory.
Any person who fails to obtain a required permit to sell is subject to a penalty of $1,000 for a first violation, $5,000 for a second violation, and $10,000 for any subsequent violation.
“By strengthening our firework enforcement laws, we are taking the necessary steps to enhance public safety and promote educational awareness on the potential dangers these products pose,” said Senate Majority Leader Bryan Townsend, Senate Prime Sponsor of HB 63.
“This legislation encourages consumers to be more informed, discourages unlawful behavior, and helps prevent avoidable risks in our communities.”
In 2023, fireworks were the cause of an estimated 32,302 fires, including 3,760 structure fires, 849 vehicle fires, 27,252 outside fires, and 441 unclassified fires across the nation. In 2024, there were 11 reported fireworks-related deaths, and an estimated 14,700 injuries.
For veterans and other individuals who may have experienced trauma that included explosions, gunfire, loud noises or fire, fireworks can be a trigger for Post-Traumatic Stress Disorder (PTSD). For pet owners, they can also be dangerous for animals sensitive to loud noises.
By controlling which days/times fireworks may be used in Delaware, these groups can plan ahead to avoid negative outcomes resulting from fireworks. The Office of the State Fire Marshal and first responders can also better prepare to respond to emergencies resulting from fireworks use.
“The Delaware Commission of Veterans Affairs is pleased to see HB 63 pass the House,” said Commissioner Steve McGuire, Vice-Chair of the Commission of Veterans Affairs.
“While this bill focuses on fireworks regulations, it also reflects an important commitment to public safety — including the well‑being of our veterans, many of whom live with PTSD or other service‑related conditions. We appreciate any effort that encourages responsible use, increases awareness, and helps ensure that celebrations in our communities remain safe and respectful for all who call Delaware home.”
Currently, firework misuse and/or illegal possession are misdemeanor crimes that can result in a fine of up to $100, and any injuries or damages caused by fireworks use can result in felony charges.
Under HB 63, the fine for the first violation can be up to $250. Second violations can result in a fine between $250 and $500, and any subsequent violations can be fined up to $1000.
If a person were to receive three or more violations, they would be prohibited from buying or using fireworks for one year and their permit or license would be revoked. Additionally, they would be barred from applying for a new permit or license for one year.
All money obtained in the form of permit fees, license fees, and civil penalties will be used by the Fire Marshal for enforcement and public education programs.
“House Bill 63 is an excellent opportunity to increase fire and life safety throughout the State of Delaware by raising awareness and understanding of consumer fireworks,” said John W. Rudd, Delaware State Fire Marshal.
“I would like to thank the General Assembly for their consideration of this bill, and special thanks to Representative Madinah Wilson-Anton and her staff for all the time and work in composing this bill.”
If passed by the General Assembly and signed into law by Governor Meyer, the bill would take effect January 1, 2027.
HB 63 now heads to the Senate for consideration.
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