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What Happens If I Buy Fireworks Without a Permit in Wisconsin?

 Posted on July 12, 2024 in Criminal Defense

Waukesha, WI criminal defense attorneyFireworks are used to celebrate events all over the world. In the US, they are traditionally used on the Fourth of July and New Year’s Eve, delighting families with beautiful pyrotechnic displays. They are also used to mark other festivities such as graduations, weddings, and birthdays.

But fireworks can also be dangerous explosives. At an Independence Day celebration last week in Chicago, for example, a man died after he lit a firework too close to his face. The firework exploded and likely killed him instantly.

The US Consumer Product Safety Commission reported eight firework-related deaths last year, in addition to 9,700 emergency room visits for firework injuries.

Some states like Wisconsin, therefore, require that permits be obtained before having or using certain fireworks. This article will discuss when you need a permit for fireworks in Wisconsin and the penalties for using fireworks without one, which in some cases can be a crime. If you have questions about using fireworks legally or if you have been charged with illegal fireworks use, contact a Wisconsin criminal defense attorney.

Which Fireworks Do I Need a Permit for?

Under Wisconsin law, you need a permit for any fireworks that explode or leave the ground. This means that if you do not have a permit, it is illegal for you to possess or use:

  • Firecrackers

  • Roman candles

  • Mortars

  • Aerial repeaters

  • Bottle rockets

  • Cherry bombs

It is also illegal to sell these fireworks to someone who does not have a permit.

You do not, however, require a permit for:

  • Smoke bombs

  • Sparklers

  • Toy snakes

  • Spinners

  • Cones

  • Fountains

Wisconsin law also does not prescribe an age limit for fireworks that do not require a permit. Selling such fireworks to a child under 18, therefore, is not illegal.

What Happens If I Use Firecrackers Without a Permit?

Setting off firecrackers or other restricted fireworks without a permit is illegal and you can be fined $1,000 per firework. This also applies if you only possess the fireworks or sell it to someone who does not have a permit. Parents who allow their minor children to have or use restricted fireworks without a permit can also be fined $1,000 per firework. 

If a local municipality such as your city or town obtains an injunction ordering you not to have or use fireworks, doing so anyway would be a criminal misdemeanor. In that case, you could face up to nine months in jail and a fine of up to $10,000.

Contact a Waukesha, WI Criminal Defense Attorney

Even if you manage to obtain a permit, Wisconsin law places other restrictions on the use of fireworks. For example, you must notify law enforcement or the fire department two days before you use them or you can face legal trouble. At Bucher, Wolff & Sonderhouse, LLP, our attorneys are highly knowledgeable about fireworks regulations and we are eager to protect your rights. Call 262-232-6699 to schedule a free consultation with a Menomonee Falls, WI criminal defense lawyer today.

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