Are Fireworks Legal in Maine?

By Criminal Defense Lawyer John Webb Serving Portland ME and Saco, ME

Under Maine law (Title 8, Chapter 9-A), consumer fireworks are legal to buy, possess and use if you are 21 or older. Consumer fireworks are products that have been tested and certified as meeting U.S. Consumer Product Safety Commission standards. Your town may ban or restrict their sale or use, so check your town’s rules before you buy or light any fireworks. Where they are allowed, you may use consumer fireworks between 9:00 a.m. and 10:00 p.m. On July 4th, December 31st and the weekends right before and after those dates, the hours run until 12:30 a.m. the next day. You may use them only on your own property or on property where the owner has agreed.

Other fireworks are still illegal to possess without a state display permit. If their value is more than $100, possession is a Class E crime with a fine of up to $1,000 and up to 6 months in jail. If the value is $100 or less, it is a civil violation with a fine of up to $50. The ban does not cover small paper or plastic caps for toy guns or sparklers made without certain chemicals.

The following products do not count as consumer fireworks. They are illegal to sell, use or possess in Maine:

• Missile-type rockets
• Helicopters and aerial spinners
• Sky rockets and bottle rockets

Under U.S. Federal Law the following products are banned in all states including Maine:

• M-80s
• Cherry Bombs
• Larger-style Firecrackers
• Large, Reloadable Shells
• Aerial Bombs
• Mail Order Kits for DIY Fireworks

Selling fireworks that are not consumer fireworks, or possessing them with intent to sell, is a crime. The penalty depends on the value of the fireworks. If the value is $1,000 or less, it is a Class D crime with up to 364 days in jail and a fine of up to $2,000. If the value is more than $1,000 but not more than $5,000, it is a Class C crime with up to 5 years in prison and a fine of up to $5,000. If the value is more than $5,000, it is a Class B crime with up to 10 years in prison and a fine of up to $20,000. Selling consumer fireworks without a state license is a Class D crime. And if you set off fireworks that are loud, that is one surefire way to attract the unwanted attention of the local police.

As the 4th of July approaches, many revelers will be gearing up to celebrate our nation’s independence with a big family get together, a little backyard grilling, and maybe a game of all-American baseball or two. But there is a more immediate danger – the misuse of dangerous fireworks in the hands of inexperienced people, and possibly intoxicated people. Thus, it’s best to stay away from other people lighting dangerous fireworks in Maine and only watch a fireworks show or fireworks display from a safe distance.

The take-home message on Maine fireworks laws is this: Don’t party too hard, and especially not with illegal fireworks. Celebrating the USA’s freedom on the Fourth of July is all well and good, but at the end of the day, it’s better to be able to celebrate your own freedom. If you are asking yourself, “are fireworks legal in Maine?” the answer is yes for consumer fireworks if you are 21 or older and your town allows them, so check your town's rules first. Fireworks that are not consumer fireworks, such as the banned products listed above, can land you in jail in Portland, ME or Saco. ME which is where I offer my legal services and will give you a free lawyer consultation.

We Are OUI Lawyers in Portland and Saco ME

 

In Maine you will get arrested for OUI (it’s called DUI in most states) if you are pulled over by law enforcement and the officer determines that you are under the influence of intoxicants or that your blood alcohol concentration (BAC) is at or over the legal limit for your age group, and for the type of license you hold.

Call today to speak with DUI lawyers who offer fee payment plans. Attorney John S. Webb was named by Super Lawyers and Martindale as one of Maine’s Top Criminal Defense Lawyers. His lawyer ratings and attorney ratings are among the best in Maine, and John will travel anywhere in Southern Maine to be by your side at the defense table.

To find out more about which fireworks can be legally purchased in your town call The Webb Law Firm at (207) 283- 6400 anytime, including nights and weekends, and talk to John S. Webb or criminal defense lawyer Vincent LoConte.

Criminal justice attorney John Webb and his other three skilled criminal defense attorneys nearby in southern Maine focus our legal services on criminal defense. In addition to Super Lawyer best criminal attorney John Webb, Vincent LoConte and Nicole Williamson are trained to assert all of your legal rights and raise all viable defenses.