Just How Strict Are Washington's Firework Laws?

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Jun 23

Lewis & Laws

Just How Strict Are Washington's Firework Laws?

by Lewis & Laws

Just How Strict Are Washington's Firework Laws?

The Fourth of July is a beloved American holiday, filled with hot dogs, cookouts, the occasional sunburn—and of course, fireworks. And fortunately for Washington residents who love a good (safe!) explosion, we do live in one of the states that permits the sale, purchase, and discharge of fireworks on and around the holiday.

However, the rules around when you can and can’t buy, sell, or shoot off fireworks are fairly strict—and if you’re caught using or selling them when you’re not supposed to, you could incur a serious fine.

The Basics of Washington Firework Laws

As outlined in RCW 70.77.395, the sale, purchasing, and discharging of fireworks is banned for much of the year—except during a small window of time right around July 4th and New Year’s Eve.

From the law:

(1) It is legal to sell and purchase consumer fireworks within this state from twelve o'clock noon to eleven o'clock p.m. on the twenty-eighth of June, from nine o'clock a.m. to eleven o'clock p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o'clock a.m. to nine o'clock p.m. on the fifth of July, from twelve o'clock noon to eleven o'clock p.m. on each day from the twenty-seventh of December through the thirty-first of December of each year, and as provided in RCW  70.77.311.

(2) Consumer fireworks may be used or discharged each day between the hours of twelve o'clock noon and eleven o'clock p.m. on the twenty-eighth of June and between the hours of nine o'clock a.m. and eleven o'clock p.m. on the twenty-ninth of June to the third of July, and on July 4th between the hours of nine o'clock a.m. and twelve o'clock midnight, and between the hours of nine o'clock a.m. and eleven o'clock p.m. on July 5th, and from six o'clock p.m. on December 31st until one o'clock a.m. on January 1st of the subsequent year, and as provided in RCW  70.77.311.

As you can see, fireworks are also permitted to be sold, purchased, and discharged around New Year’s Eve, as well, though none are to be sold on January 1st.

The law also clearly states that cities and counties are allowed to limit or entirely ban the sale and discharge of fireworks at their own discretion. Most often, this is due to burn bans and other legal actions by cities and counties to reduce pollution or to curb the risk of forest fires. Some cities may choose to temporarily ban fireworks at times when the fire danger is high—though others, like Kennewick, Chelan, and Pasco all have full-time, complete bans on the use and sale of fireworks.

For this reason, it’s very important to check with your local government before shooting off fireworks. This is especially important if you’ve purchased your sparklers while on a trip across the state—just because fireworks are legal in Spokane doesn’t mean they’re legal in Seattle. You can check with the State of Washington and see the legality in your area using this chart.

Bottle Rocket, Firecracker, Sparkler?

Additionally, not all fireworks are created equally. Some fireworks, regardless of the time of year or whether or not there’s a ban in effect, are illegal. RCW 70.77.315 stipulates that “consumer fireworks which are classified as sky rockets, or missile-type rockets, firecrackers, salutes, or chasers as defined by the United States department of transportation and the federal consumer products safety commission” are not legal.

This is especially true if you’re purchasing fireworks on one of Washington’s many reservations; the laws around fireworks are different on reservations, and some fireworks may not be permitted on non-reservation land. This flier [PDF] can be useful in determining which fireworks are illegal and which are permitted.

It’s also important to remember that selling fireworks without a license is very much illegal; if you’re headed to the reservation to pick up enough for yourself and your entire block, and you intend to sell them to your neighbors, reconsider.

What Happens If Break the Law?

Fireworks bans and other laws exist for a reason. For the most part, the laws exist to protect people and the environment. And after several years of extremely detrimental forest and wildfires, it’s more important than ever to follow the law when it comes to incendiary objects.

However, mistakes do happen and it’s easy to accidentally cross city lines and go from “perfectly legal” to “wholly prohibited.”

If you do get caught, your punishment will (as is the case in most instances of criminal justice) depend on the crime. Breaking any of Washington’s firework laws will result in a misdemeanor—whether it’s shooting off bottle-rockets, selling fireworks illegally, or firing them off at 3am. However, you may end up getting slapped with any number of other violations (like being too loud late at night), which could mean stacked charges.

Fireworks, themselves, aren’t illegal and in the week around July 4th, they’re plenty easy to get. But it’s a good idea to know the rules of the road before you make a trip to the local pop-up tent and snap up something explosive. Just remember to check your local city and county rules before you light the fuse.

If You’ve Been Charged with a Crime in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review.



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