Patriotism Expression Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 98

Short Title: Patriotism Expression Act. (Public)
Sponsors: Representatives Gable, Kidwell, Eddins, and Campbell (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
February 12, 2025
*H98-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PERMIT THE SALE, POSSESSION, A ND USE OF CERTAIN CO NSUMER 2
FIREWORKS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 14-410 reads as rewritten: 5
"§ 14 -410. Manufacture, sale and use of pyrotechnics prohibited; exceptions; license 6
required; sale to persons under the age of 16 18 prohibited. 7
(a) Except as otherwise provided in this section, it shall be unlawful for any individual, 8
firm, partnership or cor poration to manufacture, purchase, sell, deal in, transport, possess, 9
receive, advertise, use, handle, exhibit, or discharge any pyrotechnics of any description 10
whatsoever within the State of North Carolina. 11
… 12
(a5) It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured, 13
or discharged within the State for pyrotechnic or proximate audience display instruction 14
consisting of classroom and practical skills training approved by the Office of State Fire Marshal. 15
(a6) It shall be permissible for pyrotechnics that are consumer fireworks to be possessed, 16
advertised, sold, used, transported, handled, or discharged within the State, provided the 17
possession, advertising, sale, use, transportation, handling, or discharge complies with Part 2 of 18
Article 82A of Chapter 58 of the General Statutes. 19
(b) Notwithstanding the provisions of G.S. 14-414, it shall be unlawful for any 20
individual, firm, partnership, or corporation to sell consumer fireworks as defined in this section 21
or pyrotechnics as defined in G.S. 14-414(2), (3), (4)c., (5), or (6) to persons under the age of 22
16.18. 23
(c) The following definitions apply in this Article: 24
(1) Concert or public exhibition. – A fair, carnival, show of any description, or 25
public celebration. 26
(1a) Consumer fireworks. – Defined in G.S. 58-82A-80. 27
(2) Display operator. – An individual issued a display operator license under 28
G.S. 58-82A-3. 29
(3) State Fire Marshal. – Defined in G.S. 58-80-1." 30
SECTION 2. G.S. 14-414 reads as rewritten: 31
"§ 14-414. Pyrotechnics defined; exceptions. 32
For the proper construction of the provisions of this Article, "pyrotechnics," as is herein used, 33
shall be deemed to be and include any and all kinds of fireworks and explosives, which are used 34
for exhibitions or amusement purposes: provided, however, that nothing herein contained in this 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 98-First Edition
section shall prevent the manufacture, purchase, sale, transportation, and use of explosives or 1
signaling flares used in the course of ordinary business or industry, or shells or cartridge s used 2
as ammunition in firearms. This Article shall not apply to the sale, use, or possession of the 3
following: 4
(1) Explosive caps designed to be fired in toy pistols, provided that the explosive 5
mixture of the explosive caps shall not exceed twenty-five hundredths (.25) of 6
a gram for each cap. 7
(2) Snake and glow worms composed of pressed pellets of a pyrotechnic mixture 8
that produce a large, snake-like ash when burning. 9
(3) Smoke devices consisting of a tube or sphere containing a pyrotechnic mixture 10
that produces white or colored smoke. 11
(4) Trick noisemakers which produce a small report designed to surprise the user 12
and which include: 13
a. A party popper, which is a small plastic or paper item containing not 14
in excess of 16 milligrams of explosive mixture. A string protruding 15
from the device is pulled to ignite the device, expelling paper 16
streamers and producing a small report. 17
b. A string popper, which is a small tube containing not in excess of 16 18
milligrams of explosive mixture with string protruding from both ends. 19
The strings are pulled to ignite the friction -sensitive mixture, 20
producing a small report. 21
c. A snapper or drop pop, which is a small, paper -wrapped item 22
containing no more than 16 milligrams of explosive mixture coated on 23
small bits of sand. When dropped, the device produces a small report. 24
(5) Wire sparklers consisting of wire or stick coated with nonexplosive 25
pyrotechnic mixture that produces a shower of sparks upon ignition. These 26
items must not exceed 100 grams of mixture per item. 27
(6) Other sparkling devices which emit showers of sparks and sometimes a 28
whistling or crackling effect when burning, do not detonate or explode, do not 29
spin, are hand -held or ground -based, cannot propel themselves through the 30
air, and contain not more than 75 gra ms of chemical compound per tube, or 31
not more than a total of 200 grams if multiple tubes are used. 32
(7) Novelties and sparkling devices, as those terms are defined in 33
G.S. 58-82A-80." 34
SECTION 3. G.S. 14-415 reads as rewritten: 35
"§ 14-415. Violation made misdemeanor. 36
Any person violating any of the provisions of this Article, except as otherwise specified in 37
said Article, shall be guilty of a Class 2 misdemeanor, except that it is a Class 1 misdemeanor if 38
the sale is in violation of G.S. 14-410(b) or if the exhibition is indoors." 39
SECTION 4. G.S. 58-82A-1 through G.S. 58-82A-55 are recodified as Part 1 of 40
Article 82A of Chapter 58 of the General Statutes, to be entitled: 41
"Part 1. Display Pyrotechnics Training and Permitting." 42
SECTION 5. Article 82A of Cha pter 58 of the General Statutes is amended by 43
adding a new Part to read: 44
"Part 2. Consumer Fireworks. 45
"§ 58-82A-75. Purpose. 46
The sale, use , transport, possession, handling, or discharge of consumer fireworks shall be 47
permitted only in compliance with the provisions of this Part. 48
"§ 58-82A-80. Definitions. 49
The following definitions apply in this Part: 50
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House Bill 98-First Edition Page 3
(1) Consumer firework s. – Any small fireworks device designed primarily to 1
produce visible effects by combustion or deflagration that (i) is categorized as 2
a 1.4G firework device under Standard 87 -1 of the American Pyrotechnics 3
Association and (ii) complies with the construction, chemical composition, 4
and labeling regulations of the United States Consumer Product Safety 5
Commission, as set forth in the Code of Federal Regulations, volumes 16 and 6
49. 7
(2) Consumer fireworks distributor. – A person owning or otherwise controlling 8
a facility where consumer fireworks are stored or otherwise maintained for 9
distribution to fireworks retailers permitted under this Part. 10
(3) Consumer fireworks permanent retailer. – A person that sells only "consumer 11
fireworks," "sparkling devices ," "novelties," and related items from a 12
consumer fireworks retail establishment. 13
(4) Consumer fireworks retail establishment. – A structure that is designed, 14
planned, and constructed to remain in one location that is operated by a 15
consumer fireworks permanent retailer as a retail facility. 16
(5) Consumer fireworks temporary retailer. – A person that sells only "consumer 17
fireworks," "sparkling devices, " "novelties," and related items from a 18
fireworks retail stand or a fireworks tent. 19
(6) Fireworks retail stand. – A building or structure with a floor area not greater 20
than 800 square feet, other than a fireworks tent. Stands may include 21
buildings, manufactured buildings, trailers, shipping containers , and 22
temporary structures constructed from plywood, sheet metal, or similar 23
materials. 24
(7) Fireworks retailer. – A consumer fireworks permanent retailer , consumer 25
fireworks temporary retailer, or an incidental sparkling device retailer 26
permitted under this Part. 27
(8) Fireworks safety and education trainer. – A person who has completed 28
training on the function, safe handling, and best practices for the safe use of 29
all categories of consumer fireworks under G.S. 58-82A-130 and annually 30
registers with the Department. 31
(9) Fireworks tent. – A tent, canopy, or membrane structure with a floor area not 32
greater than 1,500 square feet that is not permanently installed. 33
(10) Incidental sparkling device retailer. – A person selling only sparkling devices 34
and novelties that is not a consumer fireworks permanent retailer or consumer 35
fireworks temporary retailer as defined by this section. 36
(11) NFPA standards. – Standard 1124 of the National Fire Protection Association, 37
2017 edition, as it applies to the retail sale or distribution of consumer 38
fireworks, except as otherwise specified by this Part. 39
(12) Novelties. – Snaps, party poppers, snakes , glow worms, toy smoke devices , 40
and certain wire sparklers and dipped sticks containing 5 grams or less of 41
pyrotechnic composition. The specification of novelties under this subdivision 42
shall substantially follow the definition of these devices under Standard 87-1 43
of the American Pyrotechnics Association. 44
(13) Public space. – Any building or area open to the public, whether privately or 45
publicly owned. Public space includes restaurants, theaters, stadiums, arenas, 46
retail establishments, and shopping malls. 47
(14) Sparkling devices. – Consumer fireworks and novelties that do not rise into 48
the air, do not fire inserts or projectiles into the air, and do not explode or 49
produce a report. The specification of sparkling devices under this subdivision 50
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shall substantially follow the definition of "ground and handheld sparkling 1
devices" under Standard 87-1 of the American Pyrotechnics Association. 2
"§ 58-82A-85. Possession and use of consumer fireworks. 3
(a) The possession of consumer fireworks is allowed in this State, subject to the following 4
requirements and conditions. 5
(b) The use and sale of consumer fireworks is prohibited within a county or city unless 6
that county or city has adopted an ordinance to allow the use and sale of consumer fireworks in 7
accordance with G.S. 153A-130.1 and G.S. 160A-190.1. 8
(c) The possession and use of consumer fireworks is subject to the following conditions: 9
(1) The person possessing or using the consumer fireworks must be at least 18 10
years old. 11
(2) The use of consumer fireworks may occur only between the hours of 10:00 12
A.M. and 10:00 P.M., with the following exceptions: 13
a. On July 4, use is permitted until 12:00 A.M. 14
b. On December 31 and the following January 1, use is permitted from 15
8:00 A.M. on December 31 until 12:30 A.M. on January 1. 16
(3) The use of consumer fireworks is prohibited in the following locations: 17
a. In or on the premises of a public or private primary or secondary 18
school, unless the person has written authorization from the school. 19
b. On the campus of a college or university, unless the person has 20
received written authorization from the college or university. 21
c. Within 1,500 feet of a hospital, veterinary hospital , animal care 22
facility, licensed child care facility, fireworks retailer, fireworks 23
distributor, gas station, or bulk storage facility for petroleum products 24
or other explosive or flammable substances. 25
(4) The possession or use of consumer fireworks is prohibited in or on the 26
premises of any public park or public space, except as otherwise permitted by 27
the person, State agency, or unit of local government owning or otherwise 28
controlling the public park, property, or public space. 29
(d) No county or city may restrict or exclude the transportation of consumer fireworks 30
across or through the county or city. Nothing in this subsection is intended to prevent reasonable 31
transportation-related restrictions applica ble to all vehicles or a class of vehicles regardless of 32
cargo, such as vehicle weight limits or truck route restrictions in accordance with U.S. 33
Department of Transportation regulations. 34
"§ 58-82A-90. Sale of consumer fireworks; permit required. 35
(a) No person shall sell consumer fireworks, sparkling devices, or novelties in this State 36
unless the person holds a permit issued under this Part from the Commissioner . The 37
Commissioner shall issue rules to implement this section. Permits of a fireworks retailer shall be 38
posted in a location visible to members of the public visiting the retailer. The Commissioner shall 39
issue a permit to a person who meets the following conditions: 40
(1) Is 21 years of age or older. 41
(2) Complies with all of the requirements of this Part. 42
(3) Has not been convicted of a felony and has not received a pardon. 43
(4) Has not been convicted of an offense for a violation of State or federal law, or 44
been found in violation of any municipal ordinance , involving fireworks or 45
explosives within five years prior to the date of the application for the permit. 46
(5) Maintains at all times public liability and product liability insurance with 47
minimum coverage limits of five million dollars ($5,000,000) to cover losses, 48
damages, or injury that might occur as a result of the person selling consumer 49
fireworks. The Commissioner, by rule, may increase the amount of liability 50
insurance required to be maintained by a fireworks retailer. In determining 51
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whether to increase the amount of required liability insurance, the 1
Commissioner shall consider the maximum amount of inventory the fireworks 2
retailer will have on hand at a given time, any property located within 1,000 3
feet of the property wherein the fireworks will be stored or sold, and any other 4
factors the Commissioner deems important. 5
(6) Submits the application for a permit no less than 120 days prior to the date the 6
applicant proposes to begin sales of consumer fireworks under this Part. 7
(7) Provides a lease or evidence of ownership of the site of the proposed fireworks 8
retailer for no less than the duration of the permit. A consumer fireworks 9
temporary retailer or incidental sparkling device retailer operating out of a 10
fireworks retail stand or fireworks tent located at a site not owned by the 11
retailer may comply with this subdivision by providing the required 12
authorization under G.S. 58-82A-122. 13
(b) A person issued a permit under this Part shall comply with the following 14
requirements: 15
(1) Standards. – The permittee must comply with (i) NFPA standards and (ii) 16
applicable local zoning and land-use rules. 17
(2) Employees. – All employees of the permittee engaged in the sale of fireworks 18
or sparkling devices must be at least 18 years of age. 19
(3) Fire suppression devices. – The permittee must maintain on the premises a 20
minimum of two portable fire extinguishers with a 2A rating. The fire 21
extinguishers shall be in two different locations within the premises of the 22
retailer, and at least one of the extinguishers shall be of the pressurized water 23
type, subject to additional provisions in NFPA standards. 24
(4) Required signs. – The permittee shall post signs prohibiting smoking on the 25
premises and discharge of fireworks and sparkling devices within 1,500 feet 26
of the premises in a manner specified by the Commissioner. 27
(c) In addition to the requirements set forth in subsection s (a) and (b) of this section, a 28
permit issued for a consumer fireworks permanent retailer or consumer fireworks temporary 29
retailer shall comply with the following requirements: 30
(1) Setbacks. – Areas within 20 feet of the retailer's premises shall be kept free of 31
dry vegetation and other combustible debris. The retailer may not be located 32
within 300 feet of the following: 33
a. Retail establishments dispensing flammable or combustible liquids, 34
flammable gas, or flammable liquefied gas. 35
b. Above-ground storage tanks storing flammable or combustible liquids, 36
flammable gas, or flammable liquefied gas. 37
c. Propane dispensing stations. 38
(2) Smoking prohibited. – Smoking shall not be permitted inside the retailer 's 39
premises, subject to the retailer's building location, layout, and restrictions. 40
(3) Egress requirements. – Means of egress, including aisles, doors , and exit 41
discharge, shall be clear at all times when the retailer is o pen to the public, 42
and aisles must be at least 48 inches in width. 43
(4) Fire safety. – The retailer shall create and maintain a fire safety and evacuation 44
plan in a form specified and approved by the Commissioner. 45
(5) Training. – No less than two management or supervisory employees of each 46
permittee subject to this subsection shall be Fireworks Safety and Education 47
Trainers. Fireworks Safety and Education Trainers shall be responsible for the 48
annual training of all employees on the function, safe handling , and best 49
practices regarding the safe use of all categories of consumer fireworks. Such 50
General Assembly Of North Carolina Session 2025
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training shall be documented on forms approved by the Commissioner and be 1
readily available at the request of the Commissioner. 2
(d) A permit issued to an incidental sparkling device retailer shall allow the sale of 3
sparkling devices and novelties only and shall require compliance with NFPA standards 4
applicable to sales of ground and handheld sparkling devices and novelties. 5
(e) Nothing in this section is meant to override any fire code applicable to a structure 6
regulated by this Part. If the fire code imposes a more stringent requirement, the fire code 7
requirement will apply instead of the standards imposed by this section. 8
"§ 58-82A-95. Permit fees. 9
The Commissioner may charge an applicant for a permit under G.S. 58-82A-90 the following 10
annual fees: 11
(1) One hundred dollars ($100 .00) for an incidental sparkling device retailer 12
permit. 13
(2) Twenty-five dollars ($25.00) for the renewal of an incidental sparkling device 14
retailer permit. 15
(3) Five thousand dollars ($ 5,000) for a consumer fireworks permanent retailer 16
permit, a consumer fireworks temporary retailer permit , or a consumer 17
fireworks distributor permit. 18
(4) Two thousand five hundred dollars ($2,500) for the renewal of a consumer 19
fireworks permanent retailer permit, a consumer fireworks temporary retailer 20
permit, or a consumer fireworks distributor permit. 21
"§ 58-82A-100. Power of Commissioner to exclude certain categories of pyrotechnics from 22
definition of consumer fireworks. 23
The Commissioner, through the Office of State Fire Marshal and in consultation with the 24
State Fire and Rescue Commission, may by rule exclude certain types or categories of 25
pyrotechnics otherwise meeting the definition of "consumer fireworks" or "sparkling devices" 26
from the provisions of this Part upon a finding that the type or category of pyrotechnic presents 27
a significant and widespread risk of death, serious bodily injury, or substantial damage to public 28
or private property. Exclusion of any type or cat egory of pyrotechnics pursuant to this section 29
must be evidence-based. 30
"§ 58-82A-105. Prohibition of consumer fireworks. 31
During periods of declared hazardous forest fire conditions , as referenced in G.S. 106-946, 32
the Commissioner, in consultation with the North Carolina Forest Service , is authorized to 33
prohibit all use of consumer fireworks otherwise permitted by this Part in all or part of the State. 34
The Commissioner shall issue a press release containing relevant details of the p rohibition to 35
news media serving the area affected. 36
"§ 58-82A-110. Civil and criminal penalties for violations. 37
(a) Except as provided in this section, G.S. 14-415 and G.S. 58-2-70 shall apply to a ny 38
person violating any of the provisions of this Part. 39
(b) The Commissioner, a State law enforcement officer, a municipal law enforcement 40
officer, a code enforcement officer, or a fire safety official may petition the district court to seize 41
or remove, at the expense of the permit holder, fireworks sold, offered for sale, stored, possessed, 42
or used in violation of this Part. 43
(c) The Commissioner may order the payment of a civil penalty in addition to, or instead 44
of, suspending a permit, as set forth in G.S. 58-82A-115. 45
(d) Any person violating G.S. 58-82A-120 is guilty of a Class 1 misdemeanor. 46
"§ 58-82A-115. Prohibited activities. 47
(a) The Commissioner may suspend the permit of a person authorized to sell consumer 48
fireworks or sparkling devices, order the payment of a civil penalty, or both for engaging in any 49
of the following prohibited activities: 50
(1) Selling fireworks or explosives not authorized under this Part. 51
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(2) Selling consumer fireworks or sparkling devices within the State without a 1
valid permit. 2
(3) Selling consumer fireworks or sparkling devices to a person who appears to 3
be under the influence of alcohol or drugs. 4
(4) Knowingly aiding or assisting in procuring, furnishing, giving, selling , or 5
delivering consumer fireworks or sparkling devices to a person under the age 6
of 18. It is an affirmative defense to any disciplinary action taken pursuant to 7
this subdivision that the permit holder procured, furnished, gave, sold, or 8
delivered consumer fireworks or sparkling devices to a person under the age 9
of 18 in reasonable reliance upon fraudulent proof of age presented to the 10
permit holder. 11
(5) Selling consumer fireworks or sparkling devices at a fireworks retail stand or 12
fireworks tent in violation of G.S. 58-82A-120. 13
(b) If the Commissioner orders the payment of a civil penalty pursuant to subsection ( a) 14
of this section, the penalty shall not be less than one thousand dollars ($1,000) nor more than ten 15
thousand dollars ($10,000). In determining the amount of the penalty, the Commissioner shall 16
consider the degree and extent of harm caused by the violation, the amount of money that inured 17
to the benefit of the violator as a result of the violation, whether the violation was committed 18
willfully, and the prior record of the violator in complying or failing to comply with laws, rules, 19
or orders applicable to the violator. The clear proceeds of the penalty shall be remitted to the 20
Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Payment of the civil 21
penalty under this section shall be in addition to payment of any other penalty for a violat ion of 22
the criminal laws of this State. 23
(c) A person whose permit has been suspended or has been issued a civil penalty under 24
this section shall receive a hearing before the Commissioner within 10 days of the decision. If 25
the decision is upheld, the person may seek judicial review in superior court. 26
"§ 58-82A-120. Prohibition on certain retail stand and tent sales. 27
Except as provided in G.S. 58-82A-122, it shall be unlawful to sell, transfer, or distribute 28
consumer fireworks, sparkling devices, or novelties at a fireworks retail stand or a fireworks tent. 29
"§ 58-82A-122. Certain retail stand and tent sales permitted. 30
In addition to the requirements provided in this Part, a person may only sell, transfer, or 31
distribute consumer fireworks, sparkling devices, or novelties at a fireworks retail stand or a 32
fireworks tent if the following conditions are met: 33
(1) If the fireworks retailer does not own the property wherein the fireworks retail 34
stand or fireworks tent is located, the owner or custodian of said property shall 35
provide written confirmation that the fireworks retailer is authorized to 36
conduct business on the premises. 37
(2) There is adequate parking to accommodate customers of the fireworks retailer 38
and, if applicable, any other businesses that are on the premises. 39
"§ 58-82A-125. Labeling and safety requirements. 40
(a) Any consumer fireworks, sparkling devices, or novelties authorized to be sold under 41
this Part shall have a safety label affixed to the packaging of the firework in accordance with 16 42
C.F.R. § 1500.14(b)(7) prior to being sold in this State. 43
(b) When selling fireworks in this State, a firework s retailer shall provide a safety 44
pamphlet created by the Office of State Fire Marshal to the purchaser of the firework with each 45
purchase. The pamphlet shall outline safe handling and best practices for the safe use of a 46
firework. 47
"§ 58-82A-130. Fireworks safety and education trainer. 48
The Commissioner shall create a training course, or identify existing training courses, to train 49
individuals on the function, safe handling, and best practices for the safe use of all categories of 50
consumer fireworks. The Commissioner shall also create and maintain a listing of persons that 51
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have completed a training course created or identified by the Commissioner under this section . 1
The Department may issue rules to implement this s ection, including reasonable requirements 2
for verification or ce rtification that persons have met the training requirements of this s ection. 3
The Department may also charge a fee to cover the costs of implementing this section." 4
SECTION 6.(a) Article 6 of Chapter 153A of the General Statutes is amended by 5
adding a new section to read: 6
"§ 153A-130.1. Use and sales of consumer fireworks. 7
Notwithstanding G.S. 153A-128, a county may, by ordinance, regulate the use and sales of 8
consumer fireworks, sparkling devices, and novelties to the public pursuant to Part 2 of Article 9
82A of Chapter 58 of the General Statutes . An ordinance adopted pursuant to this section shall 10
be effective on October 1 following the adoption of the ordinance. The ordinance shall remain in 11
effect until the ordinance is repealed. If the ordinance is repealed, the repeal shall be effective on 12
October 1 following the repeal of the ordinance." 13
SECTION 6.(b) Article 8 of Chapter 160A of the General Statutes is amended by 14
adding a new section to read: 15
"§ 160A-190.1. Use and sales of consumer fireworks. 16
Notwithstanding G.S. 160A-183, a city may , by ordinance , regulate the use and sales of 17
consumer fireworks, sparkling devices, and novelties to the public pursuant to Part 2 of Article 18
82A of Chapter 58 of the General Statutes. An ordinance adopted pursuant to this section shall 19
be effective on October 1 following the adoption of the ordinance. The ordinance shall remain in 20
effect until the ordinance is repealed. If the ordinance is repealed, the repeal shall be effective on 21
October 1 following the repeal of the ordinance." 22
SECTION 6.(c) A county or city may adopt an ordinance pursuant to this section 23
any time after this act becomes law. For ordinances adopted pursuant to this section prior to 24
December 1, 2025, the ordinance shall be effective December 1, 2025. 25
SECTION 7. This act becomes effective December 1, 2025, and applies to offenses 26
committed on or after that date. Prosecutions for offenses committed before the effective date of 27
this act are not abated or affected by this act, and the statutes that would be applicable but for 28
this act remain applicable to those prosecutions. 29