A recent opinion from the Office of the Idaho Attorney General confirms the City of Boise and Idaho Fire Chiefs Association’s position that aerial fireworks are illegal for sale to the general public in Idaho and should be removed from retailers’ shelves. Rep. Mat Erpelding sent an inquiry to the Idaho Office of the Attorney General asking for further clarification on the sale of illegal fireworks. Paul Panther, Deputy Attorney General, responded with the following, “Special fireworks, that is, fireworks that are not non-aerial common fireworks or ‘safe and sane’ fireworks, can only be sold to a person possessing a permit issued pursuant to Idaho Code 39-2605 for a public display or event. Such fireworks can only be sold within a reasonable time period before the display or event.”
This means that, under Idaho law, a person with a retail license can only sell non-aerial common, or “safe and sane,” fireworks. Fireworks that are not safe and sane are not available for sale to the general public.
“This clarification from the Attorney General’s office makes it clear that the sale of aerial fireworks to the general public is not allowed in Idaho. I, along with The Idaho Fire Chiefs Association, know that keeping aerial fireworks from being sold in Idaho to the general public will further protect citizens, their property, and our firefighters who risk their lives battling fires caused by aerial fireworks,” said Fire Chief Dennis Doan.
“I stand by Idaho’s fire chiefs who are working to prevent these costly and unnecessary wildfires which jeopardize the lives of our citizens and first responders, destroy our public lands and cost taxpayers hundreds of thousands of dollars in wasted money,” said Rep. Mat Erpelding (D-Bosie).
History: In February 2017, the fireworks legislation that would help prevent fires caused by the sale of illegal fireworks in Idaho was denied a full hearing by House State Affairs Committee. Rep. Mat Erpelding, sponsor of the bill, testified that the draft legislation would close a perceived loophole whereby aerial fireworks are being sold in Idaho if the purchaser signs an affidavit stating that he intends to use them outside the state.