With the 4th of July weekend coming up, it’s good to know the real deal in terms of Massachusetts law. Relying on your what your neighbor heard is risky. Are fireworks still illegal? What if you acquired them over state lines where they are legal? Can you really get jail time or will you just pay a fine.

This is the letter of the law from the City of Boston.

• Are they really illegal?

  Yes, according to the Massachusetts Fireworks Law (MGL Chapter 148, S. 39 if you wanna look it up), it is illegal for private citizens to use, possess, or sell fireworks in Massachusetts.

• What if I buy the fireworks elsewhere where they ARE legal?

  They can’t be brought in and used in Massachusetts.  The law prohibits “any article designed to produce a visible or audible effect.” No matter where you got them.

• What's the penalty?

  At the very least confiscation of your fireworks.  That’s mandatory for cops to take any fireworks you have left. But on the stiff end of the penalty spectrum, you can be fined up to $1,000 and even put in prison for up to a year.

• Does a police officer need a warrant?

  No.  Statute says officers may make an arrest without a warrant. Just be polite and hand over the fireworks and hopefully you get an officer who appreciates your cooperation.

• What's the usual penalty?

  Generally, you’ll pay a fine up to $100 and lose whatever fireworks you have left.

• Can you get the fireworks back?

  No. They are forfeited to the state.

• I still have questions. Who can I call?

  Reach out to th eOffice of the State Fire Marshal. Their number is (978) 567-3380.

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