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HB1326 • 2026

Fireworks; authorize year-round sales of.

AN ACT TO AUTHORIZE THE YEAR-ROUND RETAIL SALES OF FIREWORKS IN STAND-ALONE COMMERCIAL BUILDINGS; TO AMEND SECTION 45-13-9, MISSISSIPPI CODE OF 1972, TO CREATE AN EXCEPTION FOR YEAR-ROUND SALES OF FIREWORKS; TO BRING FORWARD SECTIONS 45-13-7 AND 45-13-15, MISSISSIPPI CODE OF 1972, WHICH REGULATE STORAGE OF WHOLESALE FIREWORKS AND PENALTIES FOR VIOLATIONS OF THIS CHAPTER, FOR PURPOSE OF AMENDMENT; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Kinkade, Hale
Last action
2026-02-12
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The candidate explanation included details that were not supported by the official source material, such as specific distances and requirements for age verification software. These have been removed to ensure accuracy.

Fireworks Year-Round Sales Act

This act allows the year-round retail sale of fireworks in specific commercial buildings with certain safety requirements.

What This Bill Does

  • Allows the year-round sale of consumer fireworks in stand-alone commercial buildings that meet size and safety standards.
  • Requires these buildings to have automatic fire sprinklers, age verification software, and be within half a mile of an interstate highway.
  • Amends existing fireworks storage rules for wholesale sellers and penalties for violations.

Who It Names or Affects

  • Retailers selling consumer fireworks in stand-alone commercial buildings
  • Wholesale sellers storing fireworks

Terms To Know

stand-alone commercial building
A separate structure used only for business purposes.
automatic fire sprinkler system
A safety device that automatically sprays water to control or extinguish fires.

Limits and Unknowns

  • The bill did not pass and will not take effect.
  • Details about enforcement and compliance are not specified in the summary.

Bill History

  1. 2026-02-12 Mississippi Legislative Bill Status System

    02/12 (H) Died On Calendar

  2. 2026-02-11 Mississippi Legislative Bill Status System

    02/11 (H) Read the Third Time

  3. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Title Suff Do Pass Comm Sub

  4. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (H) Referred To Judiciary A

Official Summary Text

Fireworks; authorize year-round sales of.

Current Bill Text

Read the full stored bill text
H. B. No. 1326 *HR43/R1605CS.1* ~ OFFICIAL ~ G1/2
26/HR43/R1605CS.1
PAGE 1 (GT\KP)

To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Kinkade, Hale

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1326

AN ACT TO AUTHORIZE THE YEAR-ROUND RETAIL SALES OF FIREWORKS 1
IN STAND-ALONE COMMERCIAL BUILDINGS; TO AMEND SECTION 45-13-9, 2
MISSISSIPPI CODE OF 1972, TO CREATE AN EXCEPTION FOR YEAR-ROUND 3
SALES OF FIREWORKS; TO BRING FORWARD SECTIONS 45-13-7 AND 4
45-13-15, MISSISSIPPI CODE OF 1972, WHICH REGULATE STORAGE OF 5
WHOLESALE FIREWORKS AND PENALTIES FOR VIOLATIONS OF THIS CHAPTER, 6
FOR PURPOSE OF AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. (1) Except as otherwise provided in Section 9
45-13-9, the retail sale of consumer fireworks shall be permitted 10
year-round in the State of Mississippi only under the following 11
conditions: 12
(a) The retail establishment shall be located in a 13
standalone commercial building containing not less than eight 14
thousand (8,000) square feet of enclosed floor area. 15
(b) The building shall be fully protected by an 16
automatic fire sprinkler system that complies with all applicable 17
state and local fire and building codes. 18
H. B. No. 1326 *HR43/R1605CS.1* ~ OFFICIAL ~
26/HR43/R1605CS.1
PAGE 2 (GT\KP)

(c) The retail establishment shall utilize age and 19
location verification software to ensure compliance with all state 20
laws governing the sale of consumer fireworks. 21
(d) The retail establishment shall be located no more 22
than one-half (½) mile from an interstate highway, as measured by 23
the most direct vehicular route. 24
(e) The retail establishment shall have been open and 25
operational on the effective date of this act. 26
(2) Nothing in this act shall be construed to: 27
(a) Limit the authority of the State Fire Marshal to 28
enforce fire safety standards; or 29
(b) Supersede local zoning ordinances that do not 30
conflict with the provisions of this act. 31
SECTION 2. Section 45-13-9, Mississippi Code of 1972, is 32
amended as follows: 33
45-13-9. Except as otherwise provided in this act for retail 34
establishments located in a standalone commercial building, no 35
fireworks shall be sold or offered for sale at retail before the 36
twenty-third day of May and after the twelfth day of July and 37
before the fifth day of December and after the ninth day of 38
January of each year. No fireworks shall be sold to any person 39
under the age of twelve (12) years. It shall be unlawful to 40
ignite or discharge fireworks of any type within six hundred (600) 41
feet of any church, hospital or school, or within seventy-five 42
(75) feet of where fireworks are stored or offered for sale. It 43
H. B. No. 1326 *HR43/R1605CS.1* ~ OFFICIAL ~
26/HR43/R1605CS.1
PAGE 3 (GT\KP)

shall also be unlawful to ignite or discharge the same within or 44
throw the same from or into or at any motor vehicle. 45
SECTION 3. Section 45-13-7, Mississippi Code of 1972, is 46
brought forward as follows: 47
45-13-7. Fireworks kept for sale at wholesale shall be 48
stored in a room set aside for the storage of fireworks only. 49
Over the entrance to this room shall be posted a sign reading 50
"FIREWORKS-NO SMOKING-KEEP OPEN FLAMES AWAY." Two (2) approved 51
fire extinguishers shall be provided and kept in close proximity 52
to the stock of fireworks in all buildings where fireworks are 53
sold. Small temporary stands used for storing and selling 54
fireworks only, in lieu of the fire extinguishers, may have a 55
barrel of water and two (2) buckets available for use as fire 56
extinguishing equipment. All fireworks kept for sale on counters 57
must remain in original packages unless an attendant is on duty at 58
all times at the counter where the fireworks are on display. 59
Signs reading "FIREWORKS FOR SALE-NO SMOKING ALLOWED" shall be 60
displayed in the section of any store set aside for the sale of 61
fireworks. 62
SECTION 4. Section 45-13-15, Mississippi Code of 1972, is 63
brought forward as follows: 64
45-13-15. Any person, firm, partnership or corporation 65
violating any provision of this article shall be guilty of a 66
misdemeanor. Upon conviction of a first offense, the offender 67
shall be punished by a fine not to exceed One Thousand Dollars 68
H. B. No. 1326 *HR43/R1605CS.1* ~ OFFICIAL ~
26/HR43/R1605CS.1
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($1,000.00) and/or imprisonment in the county jail for a term not 69
to exceed one (1) year. Upon conviction of a second offense, the 70
offender shall be punished by a fine not to exceed Two Thousand 71
Five Hundred Dollars ($2,500.00) and/or imprisonment in the county 72
jail for a term not to exceed one (1) year. Upon conviction of a 73
third or subsequent offense, the offender shall be punished by a 74
fine not to exceed Five Thousand Dollars ($5,000.00) and/or 75
imprisonment in the county jail for a term not to exceed one (1) 76
year. In addition to said criminal penalties, any person, firm, 77
partnership or corporation violating any provision of this article 78
shall be responsible for any and all injuries, deaths and property 79
damage caused by or resulting from illegal fireworks sold by such 80
person, firm, partnership or corporation which is prohibited by 81
this article within the State of Mississippi, and any injured 82
person or his legal representatives, shall have a right to bring a 83
civil action against the dealer, distributor or manufacturer or 84
person who sold said fireworks, whether said dealer, distributor 85
or manufacturer or person be located in this state or not. Any 86
dealer, distributor or manufacturer or person located outside of 87
this state who shall sell fireworks in Mississippi shall make, 88
constitute and appoint the Secretary of State as their lawful 89
agent for service of process in any civil proceeding brought under 90
the provisions of this article, to recover all damages caused or 91
resulting from the sale of any fireworks prohibited by this 92
article. 93
H. B. No. 1326 *HR43/R1605CS.1* ~ OFFICIAL ~
26/HR43/R1605CS.1
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ST: Fireworks; authorize year-round sales of.
SECTION 5. This act shall take effect and be in force from 94
and after July 1, 2026, and shall stand repealed on June 30, 2026. 95