Firework 425 ILCS 35/2

Table of Contents

An Overview of Illinois Fireworks Law 425 ILCS 35/2

Illinois, like many states, has laws regulating the possession, sale, and use of fireworks. The main law governing fireworks in Illinois is 425 ILCS 35/2, part of the broader Pyrotechnic Use Act. This law establishes restrictions and requirements around different classes of fireworks, aiming to balance public safety with allowing for permitted displays. Understanding 425 ILCS 35/2 is important for anyone looking to legally purchase or set off fireworks in Illinois.

What Does 425 ILCS 35/2 Prohibit?

The core of 425 ILCS 35/2 is a broad prohibition on possession, sale, and use of most fireworks in Illinois. Specifically, the law states:

“Except as hereinafter provided it shall be unlawful for any person, firm, co-partnership, or corporation to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any display fireworks, flame effects, or consumer fireworks.”

This establishes a default ban on common classes of fireworks like aerial shells, roman candles, firecrackers, and more. So in general, average citizens cannot legally buy fireworks or set them off in Illinois without a special permit.

Are Any Fireworks Allowed for Consumers?

425 ILCS 35/2 does carve out some exceptions to the fireworks prohibition. Specifically, it allows city councils and village presidents to authorize permits for supervised public displays on certain holidays and occasions. These include:

New Year’s Eve
Fourth of July
Labor Day

With a permit, individuals can set off consumer fireworks like sparklers, snaps, and snakes on private property during the hours specified in the permit. However, they still cannot use more dangerous fireworks like aerial shells or firecrackers. The permitted consumer fireworks also must comply with federal Consumer Product Safety Commission regulations.

What About Professional Displays?

While casual consumer use of fireworks is restricted, 425 ILCS 35/2 does allow professional pyrotechnic companies to apply for display permits. These permits allow the pyrotechnic company to purchase, transport, and set off commercial-grade 1.3G display fireworks for a public show.

To qualify for a display permit, the pyrotechnic company must be licensed by the state. They must also carry sufficient insurance and have their display site approved by the local fire department. The lead pyrotechnic operator running the show must also hold individual state certification. Following these requirements allows for dazzling public fireworks displays, while maintaining safety.

Are There Any Other Fireworks Exceptions?

Over the years, Illinois has added a few other exemptions to its general fireworks prohibition:

Novelty items: Things like sparklers, snaps, snakes, and party poppers are exempt from the ban when following CPSC guidelines.
Supervised displays: Permits can be issued for displays at county fairs, amusement parks, and other supervised sites.
Out-of-state purchase: Illinois residents can legally purchase most fireworks in neighboring states like Indiana and Missouri where they are legal. However, they cannot then bring them back into Illinois to use.

So there are some niche cases where average citizens can possess fireworks. But in general, Illinois heavily restricts fireworks to prevent injuries and promote public safety.

What Are the Consequences for Violating 425 ILCS 35/2?

Given the broad prohibitions in 425 ILCS 35/2, there are stern penalties for violating Illinois fireworks laws:

Possession or use of prohibited fireworks is a Class A misdemeanor, punishable by up to 1 year in jail and $2,500 in fines.
Illegal sale or distribution of fireworks is a Class 4 felony, punishable by 1-3 years in prison and fines up to $25,000.
Police can seize and destroy any prohibited fireworks.
Those who cause fire or property damage may face additional civil penalties.

So illegally using fireworks in Illinois carries significant legal and financial risk. The state takes fireworks laws seriously in the interest of public safety.

How Can Citizens Follow the Law?

For average citizens who want to legally and safely enjoy fireworks in Illinois, there are a few options:

Attend public fireworks displays performed by licensed professionals on holidays.
Check city permits and only use exempt novelty items like sparklers during approved hours and locations.
Travel to purchase fireworks in neighboring states where they are fully legal like Indiana and Missouri. Just don’t bring them back to Illinois.
Consider attending a pyrotechnics convention for enthusiasts, where supervised demos may be allowed.

Following 425 ILCS 35/2 may limit more dangerous amateur fireworks use, but still allows for exciting public fireworks shows. With some care, Illinois citizens can fully enjoy fireworks where the law allows.

Additional Resources

In summary, 425 ILCS 35/2 establishes a broad ban on fireworks in Illinois, but with certain exemptions for permitted displays by professionals, novelty items, and other uses. While fireworks laws can be complex, with some care citizens can fully enjoy spectacular public fireworks shows and permitted consumer novelty items where allowed. Following the law keeps families safe while allowing appropriate celebrations.