Welcome to Idaho, where aerial fireworks are illegal, but you can still buy them
Consider this your annual reminder that Idaho has a state law on the books banning aerial fireworks.
It was 26 years ago when Idaho legislators passed the “Fireworks Act of 1997.”
The only fireworks that are legal in Idaho are “nonaerial common fireworks,” which are defined as “any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products,” according to the state statute, 39-2602.
Fireworks vendors have gotten away with selling illegal fireworks by having customers sign affidavits attesting that the customer won’t set off the illegal fireworks in Idaho.
Wink, wink.
I’ve written this analogy before, but it’s like going into a convenience store and buying marijuana, as long as you sign a piece of paper saying you won’t toke up within Idaho’s boundaries.
It’s a ridiculous notion.
And the Idaho Attorney General’s Office has agreed.
In 2017, then-state Rep. Mat Erpelding, D-Boise, asked the AG’s office for an opinion on the matter, and the attorney general stated that sales of illegal fireworks are indeed illegal.
And yet, the practice continues.
Former Boise Fire Chief Dennis Doan used to be really hot on this issue. And for good reason. The Table Rock fire of 2016 was caused by illegal fireworks and burned 2,500 acres and destroyed a house. Other house fires and wildfires in years past in other parts of the Treasure Valley have been attributed to illegal fireworks.
Last year, over the objections of Commissioner Ryan Davidson, Ada County banned all fireworks — even the nonaerial ones — in unincorporated areas of Ada County.
That was a smart move, since we live in a desert, and July 4 can be pretty hot and have dry, ripe conditions for wildfires.
Personally, my first encounter with this issue was my very first Fourth of July in Idaho in 2007. I had gone down to Melba to cover the town’s (legal, permitted, sanctioned, safe, public) fireworks show, and it was spectacular. (If you’re new to Idaho, I highly recommend spending the whole day in Melba for Fourth of July, from the morning parade right through the fireworks show.)
As I was driving back to my house in Kuna, the skies were lit up with neighborhood fireworks shows all over the place. When I finally got to my neighborhood and turned the corner to my street, I almost ran smack into an illegal fireworks show right in the middle of my street. I had to turn around, go around the block and enter my street from the other side.
As a testament to the depth and pervasiveness of apathy for the great “Fireworks Act of 1997,” my neighbor who was setting off the illegal fireworks was an officer with a local police agency.
Unfortunately, similar to public health violations, the only penalty for violations of the Fireworks Act is a misdemeanor. It would be better if police had the ability to write tickets. Maybe the revenue could be used to fund a bigger public fireworks display put on by the city.
The Treasure Valley already has a bunch of great public fireworks shows. My new favorite has become the fireworks show at the Boise Hawks. What’s more American than watching a baseball game, eating a hot dog and watching fireworks?
Aside from the public safety risk that illegal fireworks pose, it’s a really bad idea to have a law on the books that so many people simply ignore and law enforcement doesn’t enforce.
I’m still waiting for one of Idaho’s freedom-loving legislators to propose a full repeal of the Fireworks Act of 1997.
In the meantime, just don’t burn anyone’s house down, please.
This story was originally published June 29, 2022 at 4:00 AM.
