The North Adams Fire Department has posted a warning reminding residence of the illegal fireworks ban in Massachusetts.  North Adams Fire Department in conjunction with the State Fire Marshal’s Office urges residents to be respectful of the Massachusetts Fireworks Law and of their neighbors and the entire community.

The use of fireworks by anyone who is not a licensed professional is against the law in Mass.  It is illegal for a private citizen to use, possess, or sell fireworks in Mass.  It is also against Mass state law to buy fireworks in another state and transport them over Mass state lines.

Below is the Massachusetts Fireworks Law MGL Chapter 148, S 39 as outlined by the Office of the State Fire Marshal.

WHAT DOES THE LAW PROHIBIT?

It is illegal for private citizens to use, possess, or sell fireworks in Massachusetts, or to purchase them legally elsewhere and then transport them into the state. The law prohibits any article designed to produce a visible or audible effect.

THE SALE OF FIREWORKS

Penalty: Fine or imprisonment or both, and confiscation

Fine: $100 to $1000

Imprisonment: Maximum of 1 year

Seizure of fireworks: Mandatory

Who can arrest? Any officer qualified to serve criminal process.

Must an officer arrest? No. Statute says the officer may arrest without a warrant.

Must an officer seize the fireworks? Yes, the statute says the officer shall seize any fireworks.

POSSESSION, USE, CAUSE, TO EXPLODE OF FIREWORKS

Penalty: Fine and confiscation only

Fine: $10 to $100

Seizure of fireworks: Mandatory

Who can seize? Any officer qualified to serve criminal process.

May an officer arrest? For possession, no. The statute only provides for a fine upon conviction and automatic confiscation of fireworks.

Must an officer seize the fireworks? Yes, the statute says the officer shall seize any fireworks.

Another danger exists this year.  Because of the lack of rain, illegal fireworks greatly increase the risk of fire in the Berkshires.

 

Click here for additional information on fireworks and the law in Massachusetts.