The rules on Idaho firecrackers

July 28, 2017

With the 4th of July quickly approaching, the Boundary County Sheriff's Office would like to remind everyone that not all fireworks are legal to use in the State of Idaho. Below are a few of Idaho's laws pertaining to the use of fireworks. In a nutshell, if it leaves the ground under its own power or explodes, its illegal in Idaho. Homemade "fireworks" are all illegal and some even constitute federal law violations, as they are considered bombs. Be safe. Remember that even Idaho legal fireworks can cause injury if misused and all fireworks can start fires in the wooded areas very quickly. Here, straight from Idaho's law books, are the pertinent details: Idaho Code 39-2611 – Liability of Parents The parents or other persons having custody or control of a minor shall be liable for damage caused by the use of fireworks by the minor. Idaho Code 39-2609 – General Prohibitions It shall be unlawful for any person, except in compliance with this chapter, to:   (1) Alter any fireworks;   (2) Throw any fireworks from, into, or at a moving vehicle or at any person;   (3) Sell or use any fireworks at any time not permitted under this chapter;   (4) Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the county commission or authority having jurisdiction, provided that notice of such areas is given in advance. A violation of subsection (1) or (3) of this section shall constitute an infraction and shall be punishable by a fine of one hundred dollars ($100). Idaho Code 39-2606 – Authorized Dates for the Sale and Use of Fireworks   (1) Nonaerial common fireworks may be sold at retail and used beginning at midnight June 23, and ending at midnight July 5 and beginning at midnight December 26 and ending at midnight January 1. The authority having jurisdiction may at its discretion extend each period of sales by not more than five (5) days.   (2) Fireworks may be sold and used at any time in compliance with permits issued under the provisions of section 39-2605, Idaho Code. Idaho Code 39-2613 – Penalties — Injunctions Except as provided in section 39-2609, Idaho Code, any person violating the provisions of this chapter or any rules issued hereunder is guilty of a misdemeanor. Notwithstanding the existence or use of any other penalty or remedy, any person who violates the provisions of this chapter or any of the rules promulgated pursuant to this chapter may, upon application to or with written consent of the authority having jurisdiction, be enjoined in the manner provided by law from continuing the violation. Fireworks being used in violation of this chapter may be confiscated by the authority having jurisdiction. Terms Used In Idaho Code 39-2613 Authority having jurisdiction: means a city fire department if the area is within a city, or a fire protection district formed pursuant to provisions of the Idaho Code if the area is within a fire protection district, or the county commission if the area is not within a city or fire protection district. See Idaho Code 39-2602 Fireworks: means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. See Idaho Code 39-2602 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. Remember, generally speaking, your well being and personal safety usually start with you making good decisions and choices.