Fireworks and the Chlorate Question

For fireworks usage, chlorates have been largely discontinued and replaced by perchlorates, as these are less sensitive to heat, shock & friction, but are still effective, but less dangerous. It should be noted that “fireworks” coming up from south of the border typically contain chlorates and are much more prone to unintentional initiation/explosion compared to the perchlorate fireworks sold in America.

It should also be noted that although items brought across the border, say from Mexico, known as: Salutes, M-80s, M-1000s, cherry bombs, quarter-sticks, half-sticks etc. may be legal in Mexico, in America they are considered “explosives” and are a FELONY to possess. Specifically, the rule is that any item containing more than 50mg (think of a baby aspirin) of explosive mixture including chlorate and perchlorate mixtures, are considered a felony to possess under federal AND all state laws.

Federal law violation

A device containing more than .772 grains / 50mg of explosive is legally treated as an illegal explosive device under the Federal Explosives Act. Manufacturing, distributing, or possessing it without a Federal Explosives License (FEL) from the ATF is a federal crime.

State of Texas law violation, Texas Penal Code § 46.01(2)

Any bomb or device designed, made, or adapted for:

• Inflicting serious bodily injury, death, or substantial property damage,

OR

• The principal purpose of causing such a loud report (bang) as to cause undue public alarm or terror.

Because ground devices containing over 50mg are classified as illegal auditory salutes (like an M-80) rather than standard consumer fireworks, Texas courts classify them as devices meant to cause a "loud report" or "public alarm," validating the explosive weapon charge.

So, if your friend gives you what looks like a tubular shaped cardboard/pressed paper cylinder (these devices are usually red, pink or black in color and usually have plaster "plugs" in the ends and vary from 1 inch to 6 inches long) with a fuse sticking out of it, you are likely guilty of committing a felony if you take it from him.

So, in a nutshell, if you purchase fireworks from a state sanctioned fireworks business in your state, you are good to go in that jurisdiction. Just remember, cities, counties and other states can and do have their own regulations concerning fireworks. Therefore, it is best practice to use the fireworks that you legally purchased, in the jurisdiction you purchased them in. Be advised that bringing fireworks across state lines can also get you into trouble as many states do not allow, OR, greatly limit fireworks possession and/or use.

I have seen many injuries from fireworks. 99% of these injuries could have been avoided if the devices were functioned as they were intended (i.e. not modified or directed into unsafe areas) and not held in a hand while lighting the fuse. Place them on the ground, light the fuse and get away. Please supervise your kids, it is heartbreaking to see them with missing fingers.

Happy and safe celebrations.

General information about fireworks and explosives law, not legal advice. City, county and state rules vary; check with your local fire marshal. Source: Texas Penal Code § 46.01.