DELAWARE- The Delaware House passed legislation Tuesday aimed at increasing safety and strengthening oversight of fireworks use and sales across the state.
House Bill 63 with House Amendment 1, sponsored by Rep. Madinah Wilson-Anton, House Majority Whip Ed Osienski and Senate Majority Leader Bryan Townsend, would expand enforcement, require clearer safety messaging and create new funding for the State Fire Marshal’s office.
“The widespread, illegal use of fireworks in Delaware has been an issue for some time now. I was first alerted to the issue by members of my community, and after reaching out to the State Fire Marshal, I learned that the issue is due to a lack of public awareness of state law on fireworks and misleading advertisements from out-of-state retailers,” said Wilson-Anton, the bill’s prime House sponsor.
Delaware law currently allows the use of limited fireworks on specific dates, including July 4, the third day of Diwali, Dec. 31 and Jan. 1. State law says only non-explosive, non-airborne items, such as sparklers and ground-based displays, are allowed, and buyers must be at least 18 years old.
Explosive and aerial fireworks — including firecrackers, bottle rockets and Roman candles — remain illegal year-round, even if purchased out of state.
Lawmakers say confusion persists, especially with advertisements from Pennsylvania retailers, where fireworks laws are less restrictive. House Bill 63 would require all fireworks advertisements to include a warning that most fireworks are illegal in Delaware without a permit. Violators would face a $1,000 civil fine per offense.
The legislation also introduces new requirements for in-state sellers. Retailers would need to register with the State Fire Marshal’s office at least 60 days before the legal sales period and pay a $100 permit fee. Additional inspection fees would apply to temporary sales locations and inventory.
Penalties for selling without a permit would increase significantly, starting at $1,000 for a first violation and rising to $10,000 for repeat offenses.
“By strengthening our firework enforcement laws, we are taking the necessary steps to enhance public safety and promote educational awareness on the potential dangers these products pose,” Townsend said.
National data highlights the risks tied to fireworks. In 2023, fireworks caused an estimated 32,302 fires, including thousands of structure and outdoor fires. In 2024, there were 11 reported deaths and about 14,700 people hurt in fireworks-related events.
Supporters of the bill also point to the impact on veterans and others sensitive to loud noises, including those with post-traumatic stress disorder, as well as pets.
Steve McGuire, vice-chair of the Delaware Commission of Veterans Affairs, says, “While this bill focuses on fireworks regulations, it also reflects an important commitment to public safety — including the well-being of our veterans, many of whom live with PTSD or other service-related conditions.”
The measure would also increase penalties for illegal use or possession of fireworks. First offenses could bring fines up to $250, with higher penalties for repeat violations. Delawareans with three or more violations would be banned from purchasing or using fireworks for one year.
According to lawmakers, money collected through fees and penalties would support enforcement and public education efforts by the State Fire Marshal’s office.
If approved by the Senate and signed by Gov. Matt Meyer, the legislation would take effect Jan. 1, 2027. The bill now heads to the Senate for consideration.