§ 3132. Prohibitions; permits

(a) Except as provided in this section, it shall be unlawful for any person, firm, co-partnership, or corporation to do any of the following:

(1) Offer for sale, expose for sale, sell at retail or wholesale, or possess fireworks unless the person has been issued a permit by both the U.S. Bureau of Alcohol, Tobacco, and Firearms and the municipality in which the person offers for sale and stores the fireworks.

(2) Use, possess, or explode any fireworks unless the person has been issued a permit to display fireworks pursuant to subsection (c) of this section.

(3) Transport fireworks except in interstate commerce.

(4) Offer for sale or sell hand-held sparklers as described in subdivision 3131(1) of this title to a minor.

(5) Offer for sale or sell sparklers that are not in compliance with the United States Consumer Product Safety Commission regulations.

(b) The state fire marshal shall have power to adopt reasonable rules and regulations for granting permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals.

(c) Any display for which a permit is issued shall be handled by a competent operator to be approved by the chiefs of police and fire departments of the municipality in which the display is to be held and shall be of a character, and so located, discharged or fired as, in the opinion of the chief of the fire department, or in a municipality with no fire department, the selectboard, after proper inspection, shall not be hazardous to property or endanger any person or persons.

(d) Application for permits shall be made to the chief of the fire department, or in municipalities with no fire department, the selectboard, in writing, at least 15 days in advance of the date of the display. After the permit has been granted, sales, possessions, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted under this section shall be transferable. (Amended 2003, No. 15, § 2, eff. May 6, 2003; 2003, No. 122 (Adj. Sess.), § 294q; 2003, No. 122 (Adj. Sess.), § 294z, eff. April 1, 2005; 2005, No. 8, § 3, eff. April 25, 2005; 2009, No. 33, § 42.)