Are aerial fireworks illegal in Idaho? Yes. Are you still able to buy them? Also yes

Nicole Blanchard, Idaho Statesman

BOISE (Idaho Statesman) – Fireworks stands popped up astir nan Treasure Valley up of nan Fourth of July, but depending connected wherever you shop, you’ll find different options — and perchance different interpretations of what’s ineligible to bargain successful Idaho.

In Boise, stands connection sparklers, snakes, snaps, wheels, whistles and fountains — fireworks deemed “safe and sane” because they don’t time off nan crushed aliases explode. But extracurricular nan metropolis limits, immoderate stands advertise aerial fireworks: Roman candles, firecrackers, cherry bombs, vessel rockets and more.

That’s because Boise enforces an mentation of Idaho rule that considers aerial fireworks illegal. Not each cities person followed suit.

State rule permits fireworks stands to waste “nonaerial communal fireworks,” specified arsenic nan safe and sane options, and fireworks meant for nationalist displays. But for years, vendors person sold aerial fireworks to consumers who motion a waiver aliases affidavit that states they won’t usage nan fireworks successful Idaho.

According to authorities officials, those waivers aren’t required by rule — moreover though immoderate fireworks vendors judge they are — and they don’t make it ineligible for mean buyers to acquisition aerial fireworks. But unless nan Legislature aliases section jurisdictions determine to act, things won’t change.

Idaho Attorney General’s Office confirms erstwhile opinion

In 2017, nan main of nan Idaho Attorney General’s Office’s criminal division, Paul Panther, issued an opinion deeming nan waste of aerial fireworks forbidden unless they were sold to a personification pinch a licence to usage them astatine an arena aliases nationalist display. Dan Estes, spokesperson for nan AG’s office, told nan Idaho Statesman successful an email that the opinion hasn’t been changed aliases updated.

But that’s arsenic acold arsenic nan lawyer wide tin spell connected nan rumor of aerial fireworks, Estes said, since nan agency “doesn’t person immoderate enforcement authority complete nan distributors and sellers of fireworks aliases individuals that usage them, nor do we person immoderate supervisory domiciled complete those entities that do person that enforcement authority.

“That rests pinch region and municipal rule enforcement,” Estes said.

In Boise, officers whitethorn confiscate forbidden fireworks and rumor fines — $100 for a first discourtesy and a misdemeanor complaint pinch a $300 good for an further discourtesy wrong 5 years — if they spot forbidden fireworks being used, according to Boise Police Department spokesperson Haley Kramer.

The truth astir waivers and affidavits

Vendors that run aggregate impermanent fireworks stands successful nan Treasure Valley, for illustration Family Fun Fireworks and Fat City Fireworks, which besides operates a year-round shop successful Elmore County, advertise safe and sane fireworks astatine Boise locations while offering aerial options astatine locations successful Star, Emmett and Nampa.

Fat City requires group buying aerial fireworks to motion an affidavit affirming their intent to usage nan fireworks extracurricular of Idaho. The archive besides absolves Fat City of immoderate imaginable liability if nan purchaser uses nan fireworks successful usurpation of nan affidavit terms.

Fat City did not return email aliases telephone requests for comment.

An proprietor astatine Family Fun Fireworks said by telephone that she believed nan waiver was required by Idaho rule to waste aerial fireworks. She declined to remark further.

In his opinion, Panther noted that there’s nary specified request successful authorities law.

“Whether a seller requires specified an affidavit aliases a purchaser chooses to motion aliases spell elsewhere to acquisition fireworks, it is simply a wholly backstage matter,” Panther wrote.

It’s unclear really agelong nan fireworks vendors support nan signed waivers, aliases erstwhile aliases why they began utilizing them successful nan first place.

What’s incorrect pinch aerial fireworks?

Aerial fireworks are considered a imaginable occurrence hazard since they tin emit sparks and onshore acold from their original location, perchance igniting vegetation aliases different fuels.

While they airs a bigger consequence than safe and sane options, Kramer said group should nonstop fireworks complaints to nonemergency dispatch, astatine 208-377-6790, alternatively than to 911 unless location is an emergency.

“In galore cases erstwhile officers respond to reports of fireworks, if our officers do not witnesser nan usage of forbidden fireworks, we request a witnesser to beryllium nan signing statement connected nan citation,” Kramer added. “If nary 1 is consenting to do that, officers tin springiness warnings and speak pinch group astir nan risks of forbidden fireworks, and each twelvemonth our officers find that group do typically comply aft we interaction them.”

According to a post connected nan city’s website, Boise Fire Department responded to 25 fireworks-caused fires past Fourth of July.

All types of fireworks are forbidden to usage successful nan Boise Foothills and unincorporated Ada County, wherever wildfire threat is particularly high.

Just past Friday, a group of teenagers started a 100-acre writer fire adjacent Southeast Boise while mounting disconnected forbidden fireworks. A 16-year-old was cited for misdemeanor firing timber aliases prairie land.