§836 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is illegal to bring fireworks into a State, unless you are just moving them through on a continuous trip, if you know the fireworks will be kept, sold, used, or handled in ways the State forbids. A person who does this can be fined under federal law, jailed for up to one year, or both. Common or contract carriers, water carriers in interstate commerce, and shipments for Federal agencies are not covered. Each State’s own definition of “fireworks” is used. “State” means the States, U.S. Territories and possessions, and the District of Columbia. Effective July 1, 1954.

Title 18, §836

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, otherwise than in the course of continuous interstate transportation through any State, transports fireworks into any State, or delivers them for transportation into any State, or attempts so to do, knowing that such fireworks are to be delivered, possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws of such State specifically prohibiting or regulating the use of fireworks, shall be fined under this title or imprisoned not more than one year, or both. This section shall not apply to a common or contract carrier or to international or domestic water carriers engaged in interstate commerce or to the transportation of fireworks into a State for the use of Federal agencies in the carrying out or the furtherance of their operations. In the enforcement of this section, the definitions of fireworks contained in the laws of the respective States shall be applied. As used in this section, the term “State” includes the several States, Territories, and possessions of the United States, and the District of Columbia. This section shall be effective from and after July 1, 1954.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in first par.

Statutory Notes and Related Subsidiaries

Fireworks for Agricultural PurposesAct

June 4, 1954, ch. 261, § 3, 68 Stat. 171, provided that: “This Act [enacting this section] shall not be effective with respect to— “(1) the transportation of fireworks into any State or Territory for use solely for agricultural purposes, “(2) the delivery of fireworks for transportation into any State or Territory for use solely for agricultural purposes, or “(3) any attempt to engage in any such transportation or delivery for use solely for agricultural purposes, until sixty days have elapsed after the commencement of the next regular session of the legislature of such State or Territory which begins after the date of enactment of this Act [

June 4, 1954].”

§836 Transportation of Fireworks Into State Prohibiting Sale or Use