With 2024 being a heated election year, July Fourth celebrations are expected to be extra animated. Fireworks are legal in Nevada, but only under 3 conditions:
- when they have the “Safe-N-Sane” label,
- when you purchase them from licensed sellers in fire department-approved booths,
- when you use them between June 28th and July 4th.
In short, fireworks are illegal in Las Vegas and throughout Clark County except for the Safe-N-Sane variety during the week leading up to the 4th of July.
Every Nevada county regulates fireworks differently. Though throughout Nevada, it is illegal to possess fireworks in
- schools,
- streets and sidewalks, and
- city, state, or federal property, such as parks.
Unlawful fireworks possession is a misdemeanor in Las Vegas:
Nevada Fireworks Penalties | |
Jail | Up to six months in jail (but jail is rare for a first-time offense) |
Fines | $1,000 plus a $500 civil penalty |
In this article, our Las Vegas fireworks attorneys answer frequently asked questions about Nevada fireworks laws, punishments, and how to fight the charges.
- 1. Nevada Fireworks Laws
- 2. Las Vegas Fireworks Laws
- 3. Importing Fireworks
- 4. Traffic Checkpoints
- 5. Arrests and Citations
- 6. Penalties
- 7. Defenses
- 8. Nye County
- 9. Moapa Indian Reservation
- 10. Related Crimes
- Additional Resources
Note that this article pertains only to consumer fireworks (also called “class C fireworks”) that private citizens use recreationally. There are separate laws that regulate display fireworks that licensed pyrotechnicians use.
1. Nevada Fireworks Laws
Each Nevada county has its own laws regulating fireworks.1
Note that fireworks are always prohibited in the following locations no matter which county they are located in:
- streets and sidewalks;
- school district property; and
- any federal, state or city property, such as parks and recreational areas.
Therefore, fireworks are illegal at such Nevada landmarks as:
- Lake Mead,
- Red Rock,
- Mount Charleston,
- Death Valley, and
- Spring Mountain2
2. Las Vegas Fireworks Laws
Fireworks are illegal in Clark County (which includes Las Vegas) except for the Safe-N-Sane variety during the week before July 4. Specifically, fireworks are illegal unless they meet the following three conditions:
- The fireworks carry the “Safe-N-Sane” emblem (which means they do not rocket, explode or leave the ground once they are ignited); and
- The fireworks are sold anytime during the week from June 28th to July 4th; and
- The fireworks are sold by licensed vendors approved by the fire department in special booths located in Clark County (there are more than 400 vendors, and they are typically run by nonprofit groups such as booster organizations).
Therefore, even Safe-N-Sane fireworks are illegal to possess in Clark County for all but one week out of the year.3
If you have any fireworks left over after July 4th, you are advised to contact your local fire department to take them off your hands since they are no longer legal.
Examples of fireworks that are always illegal in Clark County even on July 4th, include:
- roman candles,
- parachutes,
- bottle rockets,
- black cats,
- trick matches,
- blackjacks,
- ladyfingers,
- mortar shells,
- M-80s,
- chasers,
- cigarette loads,
- autofoolers, and
- sparklers more than 10 inches in length or more than a ¼ inch in diameter.
3. Importing Fireworks
You may not bring fireworks into Clark County from elsewhere. It does not matter if the fireworks were legal in the place they were obtained.4
Note that bringing fireworks on a plane (or trying to) is illegal under federal law.5
4. Traffic Checkpoints
The Nevada Highway Patrol and Las Vegas Metropolitan Police set up traffic checkpoints (similar to DUI checkpoints) during peak times to search cars for illegal fireworks. A typical location is the stretch of Blue Diamond Road connecting Nye County (where many fireworks are legal) to Clark County. These checkpoints often crop up during the week before July 4th.
5. Arrests and Citations
In practice, police typically just issue a misdemeanor citation and confiscate illegal fireworks. Similar to a traffic ticket, the citation will have information about
- the next court date and
- required fines.
Police usually resort to making arrests only when you are caught with a large number of fireworks or are using them in an unsafe manner.6
6. Penalties
It is a misdemeanor to buy or possess fireworks in Clark County (except Safe-and-Sane fireworks in the week leading up to the Fourth of July). The judge will usually just order a fine of a few hundred dollars and no jail. The maximum misdemeanor sentence (which is rarely imposed) includes:
- up to $1,000 in fines, and/or
- up to six months in jail.
In addition, you face civil fines depending on the gross weight of the fireworks:
Weight of Fireworks | Civil Fines |
Less than 100 pounds | First violation: $500 plus disposal costs Second violation in three years: $1,000 plus disposal costs |
100 to less than 5,000 pounds | $5,000 plus disposal costs |
5,000 pounds or more | $10,000 plus disposal costs7 |
It is also a misdemeanor to ignite fireworks within three hundred (300) feet of a fireworks booth, gas station or anywhere else with flammable materials. If the fireworks caused damage to property in Las Vegas, the judge may also order you to pay restitution.8
7. Defenses
The best strategy for defending against fireworks-related charges in Nevada turns on the specific facts of the case. The most common defense is showing
- that the fireworks did not belong to you, and
- you had no control over them.
If you had no major prior brushes with the law, the prosecutor may be willing to dismiss the entire case in exchange for a fine. A dismissal means that there is no criminal conviction.
Even though illegal fireworks possession is a relatively minor offense, it is important to try to get your case dismissed. That way, you are eligible to petition for a record seal right away. Otherwise, an illegal fireworks conviction will stay on your record for at least one (1) year before you can try to get it sealed.
8. Nye County
It is legal to purchase fireworks that are not “Safe-N-Sane” in Nye County (which includes Pahrump). Though strangely, Nye County prohibits the possession or use of any type of fireworks there. It is illegal even to possess or use “Safe and Sane” fireworks in Nye County.
So people who buy fireworks in Nye County have to sign a waiver pledging that the fireworks will be taken outside of Nye County within 24 hours.9
9. Moapa Indian Reservation
The Moapa Indian reservation is not obliged to follow state or local fireworks laws. Therefore, vendors there may sell fireworks that are not “Safe-N-Sane.”
Note that customers are usually required to ignite them immediately on the flat, sand-covered “launching pads” that the vendors provide behind the stores.10
10. Related Crimes
Reckless Endangerment
Using fireworks “in willful disregard of others’ safety” in Nevada is reckless endangerment. As long as no one got killed or seriously hurt, reckless endangerment is a gross misdemeanor carrying:
- up to $2,000 in fines, and/or
- up to 364 days in jail
But if the incident allegedly resulted in death or serious injury, then reckless endangerment is charged as a category C felony carrying:
- 1 to 5 years in Nevada State Prison, and
- possibly a fine of up to $10,000 as well11
Malicious Use of Explosives
It is also a crime to maliciously or willfully use fireworks to damage or destroy property. If no substantial bodily harm results, you face category B penalties of:
- 2 to 10 years in Nevada State Prison, and/or
- $2,000 to $10,000 in fines
Penalties become harsher if someone gets hurt or killed.12
Additional Resources
For information on fireworks safety, refer to the following:
- Fireworks Safety – KidsHealth.org.
- 10 Tips for Fireworks Safety – Department of Homeland Security.
- Fireworks Safety – National Fire Protection Association (NFPA).
- Fireworks – Tips by the Consumer Product Safety Commission.
- Leave Fireworks to the Experts – National Safety Council.
Legal References:
- NRS 244.367.
- NRS 472.520 (formerly 473.090).
- Clark County Code 13.04.260.
- Id.
- See, for example, 18 U.S.C. § 836; 49 U.S.C. § 46505.
- Clark County Code 13.04.260.
- Clark County Code 13.04.260. Sabrina Schnur, Caught using illegal fireworks? It will cost you more this year, Las Vegas Review-Journal (June 2, 2022).
- Same. See also: Batt v. State (1995) ; State v. Second Judicial Dist. Court of Nev. (2020) .
- Nye County Code 8.04. Robin Hebrock, Nye County will consider allowing fireworks to be shot on private land, Pahrump Valley Times (May 10, 2022) (“Anyone familiar with the town of Pahrump will know that there are several fireworks stores in the valley, but there is only one location in which buyers can legally use any of the aerial fireworks they can find in those retailers: the Pahrump Fireworks Shoot Site. But the shoot site is only open for a few specific days around certain holidays each year, including Memorial Day, Independence Day, Labor Day, Thanksgiving and New Year’s Eve.”).
- See Indian Reorganization Act (1934); Constitution and By-Laws of the Moapa Band of Paiute Indians (1942).
- NRS 202.595.
- NRS 202.830.