How late is too late for fireworks? 🧨 Here are the rules in Indiana, and how to stay safe (2024)

John TuftsIndianapolis Star

Fireworks are fun. Spending time in the emergency room? Not so much.

Before lighting up that first sparkler, you should know a few things about fireworks in Indiana — the laws that affect you and the penalties you could face (we're talking felonies, here) for mishandling them. Sparkler-related injuries alone cost 600 people a trip to the emergency room in 2022, according to the U.S. Consumer Product Safety Commission.

Thousands are injured by fireworks every year leading up to July 4th. Here's what you should keep in mind when using them in the Hoosier State.

What are the rules for fireworks in Indiana?

  • You must be an adult, 18 or older, to buy fireworks in Indiana.
  • Adults, 18 or older, must be present when children use or possess fireworks.
  • You can use fireworks only on your own property, the property of someone who has granted you permission to use fireworks, or a place designated by the Indiana State Fire Marshal for the discharge of consumer fireworks.
  • Fireworks are allowed between the hours of 9 a.m. and 11 p.m. any day except on Memorial Day, Fourth of July, Labor Day, and New Year's Eve unless a local ordinance says otherwise.

What is the curfew for fireworks in Indiana?

The times on the following dates are protected in Indiana for consumer use of fireworks and may not be prohibited by local ordinance:

  • June 29-July 3: from 5 p.m. until two hours after sunset
  • July 4: from 10 a.m. to midnight
  • July 5-9: from 5 p.m. until two hours after sunset
  • Dec. 31: from 10 a.m. to 1 a.m.

What fireworks are illegal in Indiana?

Indiana recognizes two primary types of fireworks: consumer and display. You can find small consumer brand (1.4g fireworks) frequently sold at retail outlets across Indiana. Display fireworks (1.3g, which are considered more dangerous) are illegal in Indiana without state and federal permits. If you plan on purchasing fireworks to celebrate July 4th, buy from a reputable dealer.

Watch out for these warning signs when buying fireworks. They might be Illegal if:

  • The fireworks are in brown paper wrapping instead of cellophane.
  • The boxes have no graphics or markings.
  • The fireworks are being sold in a non-commercial location, such as a vehicle or residence.
  • The seller has no evidence of a receipt or commercial packaging.
  • The seller cannot say where the firework was originally purchased.

If you spot any of these warning signs, don't buy those fireworks. The Department of Homeland Security in Indiana advises you to report the seller to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) at 1-888-283-2662.

Are cherry bombs illegal?

Yes, cherry bombs — round, red explosive devices 1" in diameter and containing more than 50mg of powder — have been illegal in the U.S. since 1966. Other illegal fireworks that should be reported to law enforcement include M-80s, M-100s or silver salutes, M-250s, M-1000s or quarter sticks.

What is the penalty for misusing fireworks in Indiana?

Those who violate fireworks laws in Indiana can be charged with a class “C” infraction, according to the Indiana State Police. However, if a person recklessly, knowingly, or intentionally uses fireworks that damage property, they can be charged with a class A misdemeanor. The penalties get harsher if someone gets injured or dies.

Here are five things you should know.

  1. Anyone younger than 18 using fireworks when an adult is not present is subject to a Class C misdemeanor, which may result in a maximum fine of $500 per citation.
  2. Illegal use of fireworks at an unapproved location is subject to a maximum fine of $500 per citation. Multiple citations in a five-year period result in a Class C misdemeanor, subject to a $500 fine and 60 days in jail.
  3. Damaging someone else's property with fireworks is a Class A misdemeanor and can result in a $5,000 maximum fine and upto one year in prison.
  4. Causing personal injury to someone else with fireworks is a Level 6felonyand may result in a $10,000 maximum fine and six months to 2 1/2 years in prison with an advisory sentence of one year.
  5. A fatal fireworks accident is considered a Level 5 felony and may result in a $10,000 maximum fine and one to six years in prison with an advisory sentence of three years.

These laws exist, of course, because people have been seriously injured by the careless use of fireworks.

How many people go to the hospital because of fireworks?

Fireworks are beautiful to watch, but can be deadly if misused.

More than 10,000 people were treated for firework-related injuries in hospital emergency rooms across the country in 2022, in which 11 people died, according to the CPSC. Roughly 73% of those injuries occurred during the one month surrounding the Fourth of July Holiday.

Children aged 5-9 were estimated to be the second most likely to go to the emergency room, according to earlier data by the CPSC. Burn wounds to hands and fingers were the most common type of injury treated overall.

Image courtesy of CPSC.

How to stay safe around fireworks

  • Never smoke or consume alcohol when lighting fireworks.
  • Use extreme caution when lighting fireworks in the wind. Keep spectators away from where the wind is blowing to avoid smoke and possible debris.
  • Never place a part of your body directly over a firework or hold a firework in your hand when lighting.
  • Steer clear of others setting off fireworks. They can backfire or shoot off in the wrong direction.
  • Don't allow children to light or play with fireworks.
  • Parents should always supervise children when handling sparklers, which can burn up to 1,800 degrees or hotter.
  • Store fireworks in a cool, dry place away from the reach of children.
  • Never point a firework at another person.
  • Do not attempt to make or alter any fireworks or firework devices.
  • Always have a fire extinguisher or water supply, such as a hose or bucket of water, nearby.
  • Only light one firework at a time.
  • For ground-based devices such as fountains, according to Homeland Security, the perimeter should be 35 feet out.
  • For aerial devices, it should be 150 feet.Fireworks that don't go off when you light them can still explode.
  • Never attempt to re-light or fix a “dud” firework. Let duds sit for five or 10 minutes before you pick them up to dowse them in water.
  • After a firework has finished burning, douse it with plenty of water before throwing it away to prevent starting a trash fire.

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John Tufts covers trending news for the Indianapolis Star. Send him a news tip atJTufts@Gannett.com

How late is too late for fireworks? 🧨 Here are the rules in Indiana, and how to stay safe (2024)
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