4th of July 2023 Fireworks Laws: What's Legal Around Wisconsin?

WISCONSIN — Step one to making your own incredible fireworks display to celebrate the 4th of July this year is pretty simple: Knowing the state laws.

For those accustomed to the fireworks stores dotting certain stretches of highway, you might be surprised to find that most fireworks are actually illegal to set off under Wisconsin state law without a permit. The laws vary by jurisdiction, but in general, things that explode or go into the air need a valid permit, often from a local fire department or mayor.

Fireworks laws have been greatly deregulated since the turn of the century. Some types of fireworks are legal everywhere, except in Massachusetts, where it’s illegal to buy or sell consumer fireworks, or bring them in from states where they are legal.

Wisconsin's regulations come down to where you are and what you're trying to do. Although state law may ban many fireworks, a memo by the Department of Justice notes only local police can enforce the laws.
A 2019 memo by the Wisconsin Legislative Council breaks down what is legal, and not, statewide. These types of fireworks are banned at the state level but can be used with a permit:

• Firecrackers.
• Bottle rockets.
• Mortars.
• Cherry bombs.
• Aerial repeaters.
• Roman candles.

Meanwhile, these types of fireworks are not restricted by state law in Wisconsin and are not considered "fireworks":

• Toy snakes.
• Sparklers.
• Smoke bombs.
• Fountains.
• Cones.
• Spinners.

The attitude around fireworks varies by county around Wisconsin. In the City of Milwaukee, fireworks are banned entirely.
For the City of Waukesha, the laws are similar. Nearly all fireworks are illegal to use, and the city notes that it may be legal for a wholesaler to sell them, but not legal for the public to use them.
For example, for many larger fireworks, the city requires a permit from the Chief of the Fire Department. Good luck getting one for just yourself though, because Waukesha is clear that the permit will not be issued to members of the general public.
The strictest fireworks laws are in California, according to a map and list of state fireworks laws curated by Reader’s Digest. The law allows a limited window for fireworks use, from noon on June 28 through noon July 6, and restricts their use to people 16 and older.

Legal fireworks are ground and handheld sparkling devices, cylindrical and cone fountains, wheel and ground spinners, illuminating torches, and certain flitter sparklers. Prohibited fireworks are firecrackers, Roman candles, chasers, wire and wooden stick sparklers, and skyrockets.
Indiana has some of the most lenient laws. Anyone 18 or older can purchase and use fireworks whenever they want, from 9 a.m. to 11 p.m. on non-holidays and later on holidays. All types of fireworks are legal as long as they meet U.S. Consumer Product Safety Commission construction and labeling regulations.
States with stricter fireworks laws have cited data from the Consumer Product Safety Commission that shows thousands of people are injured in fireworks-related accidents every year, with multiple deaths reported as well.
Fireworks injuries have spiked in recent years, and were up 25 percent between 2006 and 2021, according to the latest available emergency room data collected by the Consumer Product Safety Commission.
In 2019, the latest year publicly evaluated by the Wisconsin Department of Health Services, 91 emergency department visits were caused by fireworks. Seventy percent of those visits were by males, and a quarter of them were by children.
Nationwide, some 11,500 people were treated at emergency rooms for fireworks injuries in 2021, down from 15,600 in 2020 when pandemic restrictions kept people at home. Nine people died from fireworks injuries in 2021 — six because of fireworks misuse and one because of a mortar launch malfunction, according to the Consumer Product Safety Association. That compares to 26 fireworks-related deaths in 2020.
The report found that 74 percent of the total estimated fireworks-related injuries occurred from June 18 to July 18, 2021.
Fireworks have always been part of Independence Day celebrations. After the Continental Congress adopted the Declaration of Independence on July 4, 1776, John Adams wrote to his wife, Abigail, that Independence Day “ought to be solemnized with pomp and parade, with shews, games, sports, guns, bells, bonfires and illuminations from one end of this continent to the other from this time forward forever more.”
The first Independence Day fireworks display occurred on July 4, 1777. They came in only one color — orange — back then, according to the Smithsonian Institution. Today, they light up the sky with red, white and blue, the color of the U.S. flag, but also other colors.
At the turn of the century, about a third of fireworks displays were professional shows, according to Scientific American.
Since then, states have gradually deregulated fireworks, partly to tap lost tax revenue from residents crossing state lines to buy fireworks in states with more-lenient laws, but also because of lax enforcement.