Legalities of Manufacturing Fireworks

[yardarmwheeze]

Hello, I am not new to chemistry, STEM, and pyrotechnic compositions (kno3/sugar, 5/3/2 fp [al not mg], and bp). I fully know and understand that any firecracker or salute with over 50mg of flash is illegal and that any shell with more than 60g of powder is illegal. I am really new to the fireworks scene and I want to do everything legally. I know that I can make black powder in my area but in Texas or the United States, when it comes to making rockets, shells, mines and cakes, what is legal and what isn't legal? I have been trying to research these topics, and I have answered a lot of my questions. I just want to know if I can make any consumer grade firework if I want to.

Edited February 25, 2021 by yardarmwheeze

[Carbon796]

Check with your local club. Which if your in Texas is PAT. Pyrotechnic artist of texas.

[SeaMonkey]

Be aware that the term "manufacture" in statute has a specific Legal Meaning.

 

As does the term "Person."

 

People can make fireworks, but in statute, Businesses Manufacture Fireworks to be sold.

 

In statute a "Person" is most frequently a Business Entity or Corporation which Manufactures for Commerce.

 

It is important to have clarity regarding the Statute and what type of Person and Activity it is applicable to.

Edited February 26, 2021 by SeaMonkey

[Mumbles]

Just to clarify, the 50mg limit is for ground salutes classified as 1.4g or Class C (aka firecrackers). There is a 130mg limit for aerial devices. The same caveat is true for the 60g of composition for aerial shells. Anything made at home is automatically classified as at least 1.3g or class B so those limits aren't really applicable to us. Class C requires testing to be certified as such. Anything we make wont have that testing, and is far too device specific and expensive to be practical. Being automatically 1.3g or class B does raise some sticking points.

 

There are really two paths down this road. The most legal path is to pursue a federal (and applicable state or local) license or permit. This will require an explosive magazine or access to one. It varies state by state, but I think the federal license is between $100-300 depending on which type is pursued, and whether it's a permit or a license. This will provide the most legal coverage and best bet to remain entirely on the favorable side of the law. It does not allow you to do whatever you want. If you're accused of using said license to do nefarious things or sell ground salutes, or something like that they'll still throw the book at you. This is the most ideal method, if it's available to you, as the transportation issue is covered (see below).

 

The other path is kind of a grey area. It's technically legal, but doesn't provide as much wiggle room. Again, this may vary by state or locality. On the federal level, it is not illegal to make fireworks. The things that are spelled out in federal law pertain to storage and transportation, not manufacture. If anything is fired on private property, without being transported, it's fine according to federal statutes. If you want to store it longer, it must be stored in a magazine that meets all federal codes and would stand up to inspection. That is not to say it must be approved, inspected, or otherwise documented. It should be able to however if the need ever arose. Likewise, it's not spelled out, but I suspect that transaction logs should probably also be able to stand up to scrutiny. There is not a work around like that for transportation. If you place any homemade firework in a vehicle and leave your property, you're risking it. That's not to say a lot of people don't do it, but it's a risk you have to calculate for yourself. The only legitimate way to get it transported is to transfer ownership to someone with a license or permit or otherwise allowed to transport. If this is the way you want to operate, and trust me a lot of people do use this, there is always the chance that the book could be thrown at you if you ever got into trouble. It's technically legal, but it's easy for a prosecutor or judge to view what's happening differently and disagree.

[yardarmwheeze]

Just to clarify, the 50mg limit is for ground salutes classified as 1.4g or Class C (aka firecrackers). There is a 130mg limit for aerial devices. The same caveat is true for the 60g of composition for aerial shells. Anything made at home is automatically classified as at least 1.3g or class B so those limits aren't really applicable to us. Class C requires testing to be certified as such. Anything we make wont have that testing, and is far too device specific and expensive to be practical. Being automatically 1.3g or class B does raise some sticking points.

 

There are really two paths down this road. The most legal path is to pursue a federal (and applicable state or local) license or permit. This will require an explosive magazine or access to one. It varies state by state, but I think the federal license is between $100-300 depending on which type is pursued, and whether it's a permit or a license. This will provide the most legal coverage and best bet to remain entirely on the favorable side of the law. It does not allow you to do whatever you want. If you're accused of using said license to do nefarious things or sell ground salutes, or something like that they'll still throw the book at you. This is the most ideal method, if it's available to you, as the transportation issue is covered (see below).

 

The other path is kind of a grey area. It's technically legal, but doesn't provide as much wiggle room. Again, this may vary by state or locality. On the federal level, it is not illegal to make fireworks. The things that are spelled out in federal law pertain to storage and transportation, not manufacture. If anything is fired on private property, without being transported, it's fine according to federal statutes. If you want to store it longer, it must be stored in a magazine that meets all federal codes and would stand up to inspection. That is not to say it must be approved, inspected, or otherwise documented. It should be able to however if the need ever arose. Likewise, it's not spelled out, but I suspect that transaction logs should probably also be able to stand up to scrutiny. There is not a work around like that for transportation. If you place any homemade firework in a vehicle and leave your property, you're risking it. That's not to say a lot of people don't do it, but it's a risk you have to calculate for yourself. The only legitimate way to get it transported is to transfer ownership to someone with a license or permit or otherwise allowed to transport. If this is the way you want to operate, and trust me a lot of people do use this, there is always the chance that the book could be thrown at you if you ever got into trouble. It's technically legal, but it's easy for a prosecutor or judge to view what's happening differently and disagree.

Thank you for the great answer! I will most likely want to pursue the first option by being actually licensed. I believe that if you join a club they help you work towards your license. In the meantime I will probably work with the second option until I get my license or permit.

 

Thank you, Wheeze