We noticed more temporary tents and other outdoor facilities selling fireworks this year, apparently as knowledge of the ability to legally buy non-aerial fireworks has become better known. Until 2017, the purchase of fireworks was completely prohibited in New Jersey except in case of licenses for permitted demonstrations. In 2017, legislation was enacted to permit the sale and use of ground-based fireworks such as sparklers and candles, see N.J.S.A. 21:3-1 et seq., but the sale and use of large fireworks and aerial devices such as fire crackers and Roman candles are still prohibited. In fact, it may constitute a fourth-degree crime. N.J.S.A. 21:3-8.

New Jersey continues to have some of the nation’s toughest firework restrictions, and N.J.S.A. 21:3–1 continues to provide that “[t]he sale, exposure for sale, use, distribution or possession of fireworks or pyrotechnics in the state of New Jersey, except as [specifically provided in chapter 3 of title 21] is hereby declared by the legislature to be against the public health, safety and welfare of the people of the state of New Jersey.” N.J.S.A. 21: 3-2(b) now permits the sale, storage, possession and use of enumerated items including “sparkling devices and novelties as defined in RS 21:2–2 if the person is 16 years of age or older,” and “[s]parking devices and novelties” are no longer subject to regulation.

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