Prohibits use of fireworks under certain circumstances.

A1093

ASSEMBLY, No. 1093

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ROBERT D. CLIFTON

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Co-Sponsored by:

Assemblyman DePhillips

SYNOPSIS

���� Prohibits use of fireworks under certain
circumstances.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
restricting the location that fireworks may be used and
amending R.S.21:3-2 and R.S.21:3-8.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� R.S.21:3-2 is amended to
read as follows:

���� 21:3-2.� a.� It shall be
unlawful for any person to offer for sale, expose for sale, sell, possess or
use, or explode any blank cartridge, toy pistol, toy cannon, toy cane or toy
gun in which explosives are used; the type of balloon which requires fire underneath
to propel the same; firecrackers; torpedoes; skyrockets, Roman candles, bombs,
or other fireworks of like construction, or any fireworks containing any
explosive or inflammable compound or any tablets or other device commonly used
and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of
lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or any
compound containing any of the same or other explosives, or any substance or
combination of substances, or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion, deflagration or
detonation, other than aviation and railroad signal light flares.

���� b.��� Notwithstanding
subsection a. of this section, it shall be lawful for a person to offer for
sale, expose for sale, sell, store, possess, or use:

���� (1)�� a toy pistol, toy cane,
toy gun, or other device in which paper or plastic caps containing .25 grain or
less of explosive compound per cap are used, providing they are so constructed
that the hand cannot come in contact with the cap when in place for use, and
toy pistol paper or plastic caps which contain less than .20 grains of
explosive mixture per cap;

���� (2)�� sparkling devices and
novelties as defined in R.S.21:2-2 if the person is 16 years of age or older.�
Sparkling devices and novelties, including their sale or use, shall not be
subject to further regulation by a municipality pursuant to R.S.40:48-1, except
that the storage and sale of items listed in this paragraph shall be consistent
with the standards set forth in NFPA 1124 National Fire Protection Association
Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks
and Pyrotechnic Articles, 2006 edition; and

���� (3)�� any item or device as
otherwise provided in this chapter.

���� c.���� Except as otherwise may
be provided in this chapter, it shall be lawful to sell fireworks to a person
only if that person is named as the authorized purchaser in a valid permit
issued pursuant to R.S.21:3-3 or that person is the owner, manager, or designated
employee acting as the agent of the owner or manager, of a legally operated
commercial enterprise registered pursuant to section 10 of P.L.1991, c.55
(C.21:2-37), and the permit is presented to the manufacturer, seller or
distributor at the time of purchase.� If the manufacturer, seller or
distributor is located in a state other than this State, a purchase shall be by
mail order form and a photocopy of the valid permit or registration shall be
submitted with the form to satisfy the requirement in this paragraph.

����
d.��� It shall be unlawful
for any person to use any fireworks on a public highway, street, road, or alley
or on any property directly adjacent to a property on which horses are housed
or boarded.

(cf: P.L.2017, c.92, s.3)�

���� 2.��� R.S.21:3-8 is amended to
read as follows:

���� 21:3-8.� Penalties for
violations

���� Any person who sells, offers
or exposes for sale, or possesses with intent to sell any fireworks as herein
mentioned is guilty of a crime of the fourth degree.� Any person who purchases,
uses, discharges, causes to be discharged, ignites, fires, or otherwise sets in
action, or possesses any fireworks is guilty of a petty disorderly persons
offense.�
Any person who violates the provisions of subsection d. of section
1 of
P.L.��� , c.�� (C.������ ) (pending before the
Legislature as this bill) is guilty of a disorderly persons offense.

(cf: P.L.1991, c.55, s.8)

���� 3.��� This act shall take
effect immediately.�

STATEMENT

���� This bill provides enhanced
penalties for the use of fireworks under certain circumstances.

���� Current law prohibits the
sale, possession, or use of fireworks, excluding sparkling devices and
novelties, other than by an authorized purchaser with a valid permit to
purchase fireworks for public display as approved by a municipality.

���� This bill makes it unlawful
for any person to use fireworks on a public highway, street, road, or alley or
on any property directly adjacent to a property on which horses are housed or
boarded.

���� The bill provides that any
person who violates its provisions is guilty of a disorderly persons offense,
which is punishable by a term of imprisonment of up to six months or a fine of
up to $1,000, or both.