Fireworks; authorize sale and purchase of year-round from permanent structure.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Horne

HOUSE BILL NO. 886

AN ACT TO AMEND SECTION 45-13-7, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE FIREWORKS KEPT FOR SALE AT WHOLESALE AND RETAIL TO BE 2
LOCATED WITHIN A PERMANENT STRUCTURE; TO AMEND SECTION 45-13-9, 3
MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SALE AND PURCHASE OF 4
FIREWORKS YEAR-ROUND; TO BRING FORWARD SECTIONS 45-13-1, 45-13-3, 5
45-13-11, 45-13-13, 45-13-101, 45-13-103, 45-13-105, 45-13-107, 6
45-13-109 AND 21-19-15, MISSISSIPPI CODE OF 1972, WHICH RELATE TO 7
FIREWORKS AND EXPLOSIVES, MUNICIPALITIES, AND PRESERVING GOOD 8
ORDER AND PEACE, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND 9
SECTION 97-37-27, MISSISSIPPI CODE OF 1972, TO MAKE A MINOR 10
NONSUBSTANTIVE CHANGE; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 45-13-7, Mississippi Code of 1972, is 13
amended as follows: 14
45-13-7. Fireworks kept for sale at wholesale and retail 15
shall be stored in a room set aside for the storage and sale of 16
fireworks only, and shall be located within a permanent structure 17
and shall not be located in a temporary stand. Over the entrance 18
to this room shall be posted a sign reading "FIREWORKS-NO 19
SMOKING-KEEP OPEN FLAMES AWAY." Two (2) approved fire 20
extinguishers shall be provided and kept in close proximity to the 21
stock of fireworks in all buildings where fireworks are sold. 22
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* * * All fireworks kept for sale on counters must remain in 23
original packages unless an attendant is on duty at all times at 24
the counter where the fireworks are on display. Signs reading 25
"FIREWORKS FOR SALE-NO SMOKING ALLOWED" shall be displayed in the 26
section of any store set aside for the sale of fireworks. 27
SECTION 2. Section 45-13-9, Mississippi Code of 1972, is 28
amended as follows: 29
45-13-9. * * * Fireworks shall be * * * available for sale 30
and purchase at retail * * * year-round. No fireworks shall be 31
sold to any person under the age of twelve (12) years. It shall 32
be unlawful to ignite or discharge fireworks of any type within 33
six hundred (600) feet of any church, hospital or school, or 34
within seventy-five (75) feet of where fireworks are stored or 35
offered for sale. It shall also be unlawful to ignite or 36
discharge the same within or throw the same from or into or at any 37
motor vehicle. 38
SECTION 3. Section 45 13 1, Mississippi Code of 1972, is 39
brought forward as follows: 40
45 13 1. Except as herein provided, the manufacture, sale, 41
possession or use of fireworks in this state is prohibited, 42
provided the manufacture, sale, possession and use of fireworks 43
which are now or may hereafter be classified as "common fireworks" 44
by the Interstate Commerce Commission, and are labeled by said 45
commission with the Class C common fireworks label, and which were 46
designed to produce an audible effect shall contain an explosive 47
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composition not exceeding two (2) grains in weight, such fireworks 48
being referred to as safe and sane items, and including such items 49
as cone fountains, small Chinese crackers, small nonexplosive 50
Roman candles and rockets, and similar nondangerous items, shall 51
be permitted within this state, but only upon the conditions as 52
hereinafter set forth in this article. Paper caps for use in toy 53
guns and similar items and nonexplosive sparklers are not included 54
within the term "fireworks" as herein used. 55
SECTION 4. Section 45-13-3, Mississippi Code of 1972, is 56
brought forward as follows: 57
45-13-3. Except as hereinafter provided, no retailer, dealer 58
or any other person shall sell, offer for sale, store, display, or 59
have in their possession, or use or explode anywhere in this state 60
any fireworks that have not been approved and labeled as Class C 61
common fireworks by the Interstate Commerce Commission. No 62
jobber, wholesaler, manufacturer or any other person shall sell to 63
retail dealers or any other person in this state for the purpose 64
of resale or use in this state any fireworks which do not have the 65
Interstate Commerce Commission Class C label printed on the 66
fireworks or on the smallest package in which the same are sold. 67
The Interstate Commerce Commission Class C label must be visible 68
on the fireworks or smallest container in which the same are sold 69
and the label shall be on the fireworks or on the package or both 70
which are received by the general public from the dealer, and such 71
label shall be of such size and so positioned as to be readily 72
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seen and recognized by law enforcement officers and the public. 73
Wherever practical such fireworks and container shall have 74
imprinted thereon directions for the handling thereof. 75
SECTION 5. Section 45-13-11, Mississippi Code of 1972, is 76
brought forward as follows: 77
45-13-11. The governing body of any municipality or the 78
board of supervisors of any county outside a municipality may 79
grant permits under which fireworks, the sale, possession or use 80
of which is otherwise prohibited hereby, may be sold and used for 81
exhibition purposes; however, such permit shall be issued in 82
compliance with Section 1123 of the National Fire Protection 83
Association, as revised, and the Mississippi Fire Prevention Code, 84
as revised. Such permits shall require that the persons in charge 85
of such exhibitions shall be experienced in the handling of 86
fireworks and the members of the public attending the exhibitions 87
shall be kept at a safe distance therefrom. Any fireworks held in 88
storage for such exhibitions shall be kept in a closed box until 89
removed therefrom for firing. 90
SECTION 6. Section 45-13-13, Mississippi Code of 1972, is 91
brought forward as follows: 92
45 13 13. The provisions of this article shall not in any 93
manner limit or affect the right of the governing body of 94
municipalities and the boards of supervisors of counties to 95
regulate or hereafter prohibit the possession, sale and use of 96
fireworks of any kind within the limits thereof. 97
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SECTION 7. Section 45-13-101, Mississippi Code of 1972, is 98
brought forward as follows: 99
45-13-101. Every person who sells or otherwise disposes of 100
dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, 101
nitroglycerine caps, fuses, detonators or other similar 102
explosives, shall keep an accurate record of the name of the 103
purchaser, his address, quantity, and the general purpose of its 104
intended use. It shall be unlawful to sell dynamite, 105
nitroglycerine, explosives, gas bombs, dynamite caps, 106
nitroglycerine caps, fuses, detonators or other similar explosives 107
unless the person making the sale knows the purchaser and the 108
general purpose for which such explosive or its counterpart will 109
be used. 110
SECTION 8. Section 45-13-103, Mississippi Code of 1972, is 111
brought forward as follows: 112
45-13-103. Every seller of dynamite, nitroglycerine, 113
explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, 114
detonators or other similar explosives shall report any sale, 115
transfer of title, or removal to the sheriff of the county where 116
such transfer or removal took place within twenty-four (24) hours 117
on forms to be provided. Should the sale, transfer of title of 118
removal of explosives be within a municipality, then a report 119
shall also be made within twenty-four (24) hours to the chief of 120
police on forms to be provided. The governing authorities of 121
municipalities shall have the power to adopt ordinances for the 122
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further regulation and control of dynamite, nitroglycerine and 123
similar explosives. 124
SECTION 9. Section 45-13-105, Mississippi Code of 1972, is 125
brought forward as follows: 126
45-13-105. Any seller of dynamite, nitroglycerine, 127
explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, 128
detonators, or other similar explosives who does not report to 129
proper authorities as required by this article shall, upon 130
conviction, be punished by imprisonment in the Penitentiary not 131
exceeding five (5) years, or in the county jail not exceeding one 132
(1) year. 133
SECTION 10. Section 45-13-107, Mississippi Code of 1972, is 134
brought forward as follows: 135
45-13-107. Any person who has dynamite, nitroglycerine, 136
explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, 137
detonators or other similar explosives in his possession and being 138
engaged in a lawful business which ordinarily requires the use 139
thereof in the ordinary and usual conduct of such business, and 140
who possesses said articles for the purpose of use in said 141
business, or any seller, dealer, or person transporting said 142
articles, shall keep said articles under his control and secure 143
from theft or pilferage at all times. 144
SECTION 11. Section 45-13-109, Mississippi Code of 1972, is 145
brought forward as follows: 146
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45-13-109. Every person transporting or bringing dynamite, 147
nitroglycerine, explosives, gas bombs, dynamite caps, 148
nitroglycerine caps, fuses, detonators or other similar explosives 149
into the State of Mississippi shall immediately report to the 150
sheriff of the county of original entry, identify himself, give 151
his destination and an inventory which shall be filed in a 152
register to be kept by the sheriff. The sheriff shall, within 153
twenty-four (24) hours, after receiving the name, destination and 154
inventory, report same to the Commissioner of Public Safety. For 155
such registering and reporting, the sheriff shall be paid a fee of 156
Three Dollars ($3.00) by the person transporting the explosives. 157
A person transporting dynamite, nitroglycerine, explosives, gas 158
bombs, dynamite caps, nitroglycerine caps, fuses, detonators or 159
other similar explosives who fails to report his name, destination 160
and inventory shall, upon conviction, be punished by imprisonment 161
in the Penitentiary not exceeding twenty (20) years. 162
SECTION 12. Section 21-19-15, Mississippi Code of 1972, is 163
brought forward as follows: 164
21-19-15. (1) The governing authorities of municipalities 165
shall have power to make all needful police regulations necessary 166
for the preservation of good order and peace of the municipality 167
and to prevent injury to, destruction of, or interference with 168
public or private property. 169
(2) The governing authority of a municipality shall have the 170
power to regulate or prohibit any mill, laundry or manufacturing 171
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plant from operating whereby the soot, cinders or smoke therefrom, 172
or the unnecessary noises thereof, may do damage to or interfere 173
with the use or occupation of public or private property. 174
(3) The governing authority of a municipality shall have the 175
power to prohibit or regulate the sale or use of firecrackers, 176
roman candles, torpedoes, sky rockets, and any and all explosives 177
commonly known and referred to as fireworks; the term "fireworks" 178
shall not include toy pistols, toy canes, toy guns, other devices 179
in which paper caps manufactured in accordance with United States 180
Interstate Commerce Commission regulations for packing and 181
shipping of toy paper caps are used, or toy pistol paper caps 182
manufactured as provided herein, the sale and use of which shall 183
be permitted at all times. 184
(4) The governing authority of a municipality may enact an 185
ordinance specifying the manner and means by which a motor vehicle 186
may be immobilized due to failure of the record title owner of the 187
motor vehicle to pay traffic or parking fines totaling over Two 188
Hundred Dollars ($200.00). 189
(5) The governing authority of a municipality may enforce an 190
ordinance regulating or restricting parking on any public street 191
or roadway. However, signage that adequately describes the 192
parking regulation or restriction must be posted. 193
SECTION 13. Section 97-37-27, Mississippi Code of 1972, is 194
amended as follows: 195
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ST: Fireworks; authorize sale and purchase of
year-round from permanent structure.
97-37-27. It shall be unlawful to explode any fire-crackers, 196
roman candles, sky-rockets or any kind of fireworks in any 197
unincorporated town or village in this state, within three hundred 198
(300) yards of any railroad depot, and cotton or hay warehouse or 199
any cotton-yard. And any one violating the provisions of this 200
section shall, upon conviction, before any justice of the peace, 201
be fined not more than Ten Dollars ($10.00) nor less than One 202
Dollar ($1.00), or imprisoned not more than ten (10) days, or may 203
be both fined and imprisoned. 204
SECTION 14. This act shall take effect and be in force from 205
and after July 1, 2026. 206