Stay Out of the Line of Fire
Everyone’s favorite time year is back. The Fourth of July will ring in the nation’s 239th birthday. Whether you are kicking back by the pool, barbequing, or staying home to engage in your own show with family, you might be wondering what the laws are regarding fireworks in Nevada. We composed a list here with some frequently asked questions around this time of year to keep you all safe and sane for the celebration.
Are Fireworks legal in Clark County? In Clark County, the only fireworks permitted are those labeled “safe and sane” and those are only permitted from June 28 through July 4. “Safe-N-Sane” fireworks do not rocket, explode or leave the ground once they are ignited and once July 4th is over, you may no longer possess or use them.
What about fireworks other than safe and sane fireworks? Fireworks that are always illegal in Clark County, even during July 4th, include roman candles, bottle rockets, black cats, black jacks, lady fingers, mortar shells, M-80s, chasers, cigarette loads. If a person is found to possess of any of the “good stuff” you could face harsh fines and up to a misdemeanor.
Can I bring fireworks from somewhere other the Clark County? In recent years, law enforcement has been targeting those people bringing illegal fireworks back from popular places like Pahrump or Moapa Indian reservation. Law enforcement has been known to set up DUI style checkpoints on the highways leading back to Clark County. Law enforcement then stops and attempts to look inside each vehicle to determine if illegal fireworks are present. If illegal fireworks are found in your possession, you will have all the products confiscated, face fines and in rare cases jail time.
I heard you can buy non Safe-N-Sane firework in Nye County. This is true. In Nye County you are legally allowed to purchase roman candle, shells, firecrackers and other non safe and sane fireworks. Nye county has a number of stores which sell to those coming from outside. However, possession of those fireworks in Ney County is actually illegal. In many, cases the stores require customers to sign waivers promising that they will leave the county with the purchased fireworks within 24 hours.
What about Moapa Indian Reservation at the Valley of Fire? Indian reservations are not required to follow most federal and state laws, so you can legally purchase the non safe and sane fireworks that are illegal in nearby Clark County. Moapa also has a launch pad adjacent to the firework stores for customers to launch their fireworks, safely, away from any buildings. Once again, it is still illegal to bring any of the non safe and sane fireworks back from Moapa to launch in Clark County.
What are the penalties for illegal fireworks in Clark County? It is a misdemeanor to buy, possess or transport fireworks in Clark County (with the exception of Safe-and-Sane fireworks in the week leading up to Fourth of July). The prosecutor will usually agree to close out the case for a fine of a few hundred dollars, but the maximum possible penalties include:
1 up to $1,000 in fines, and/or
2 up to six months in jail. (Clark County Code 13.12.310)
It is also a misdemeanor to ignite fireworks within one hundred (100) feet of a fireworks booth, gas station or anywhere else with flammable materials. (Clark County Code 13.12.100).
Connor & Connor PLLC wishes everyone a happy a safe 4th of July.
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