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Buying Fireworks in Texas: A Guide to Texas Fireworks Laws for Consumers

September 09, 2008

In Texas, laws regarding fireworks are confusing. This is a summary of the Texas Fireworks laws for consumer fireworks.

What Fireworks You Can Buy in Texas:

All United States Consumer Product Safety Commission fireworks classified at 1.4G may be sold to the public (http://www.cpsc.gov/CPSCPUB/PUBS/012.html) except:

* Classic “bottle rockets” defined as stick rockets that have:

(A) a total propellant charge of less than four grams;
(B) a casing size of less than five-eighths of an inch for the outside diameter and less than 3-1/2 inches in length;
And
(C) an overall length, including stick, of less than 15 inches;

* “Texas Pop Rockets” with a propellant casing length of less than five inches, an exterior diameter of less than three-fourths of an inch, and an overall total rocket length of less than 26 inches are not permissible fireworks. Note that the text of this law says “and” so any stick rocket that exceeds one of those dimensions is legal in the state.

When & Where You Can Buy Fireworks:

Retailers get a license from the State of Texas either directly from the State Fire Marshal or through their distributor. A retail fireworks permit holder may sell fireworks only to the public, and only during periods:

1. beginning June 24 and ending at midnight on July 4;
2. beginning December 20 and ending at midnight on January 1 of the following year; and
3. beginning May 1 and ending at midnight on May 5 if the fireworks are sold at a location that is not more than 100 miles from the Texas-Mexico border and that is in a county in which the commissioners court of the county has approved the sale of fireworks during the period. Currently, only Maverick, Webb and a few other counties have approved sales for Cinco de Mayo.

When & Where You Can Shoot Fireworks:

In Texas, you are allowed to shoot fireworks year-round. The only restriction is when you can buy them. You can only shoot however in an area where it is not prohibited through City or County ordinance.  Cities are able to restrict fireworks use and possession in their city limits.  Some larger cities have the ability to restrict fireworks within 5000ft of their city limits.

Counties are only allowed to prohibit stick rockets and missiles with fins in times of drought. They can only do more than that by declaring a state of emergency in their county. For up to date information on the current ordinance in your county, call your local county fire marshal’s office.

Please note that this information is listed to the best of our knowledge and are subject to change. For definitive answers, please contact your local fire marshal.