Criminal Justice

Set off illegal fireworks, go to jail, some prosecutors say

bottle rocket

“The safety concerns are real,” says Todd A. Spodek, a criminal defense attorney and managing partner in the New York office of Spodek Law Group. “Fireworks can cause severe burns, eye and hand injuries, fires, hearing damage and permanent disfigurement. Fireworks are entertainment until they become an emergency, and that can happen in a fraction of a second.” (Image from Shutterstock)

Last week, Los Angeles County District Attorney Nathan Hochman held a press conference to warn local residents that anyone caught making, selling, buying or setting off illegal fireworks could face prosecution.

“If you basically want to engage in this incredibly dangerous and risky activity in our county, we have a cell door with your name on it,” Hochman said.

Fireworks have become a staple of Fourth of July celebrations throughout the country, and 49 states and Washington, D.C., permit nonprofessional—or consumer—fireworks, but they vary as to what’s considered legal. In states like Virginia, for example, only nonexplosive fireworks like fountains and sparklers are allowed.

However, amid safety concerns, some cities, counties and towns are further restricting the types of fireworks they allow within their borders and stepping up enforcement.

California allows what it calls “safe and sane” consumer fireworks, such as sparklers. But in recent years, localities such as Pasadena, California, have ordinances banning all consumer fireworks, and violations can carry up to six months in jail and fines ranging from $250 to $1,000.

In addition, local law enforcement agencies in some areas are cracking down on illegal fireworks distribution. Earlier in June, the District Attorney’s Office filed charges against four individuals in Pasadena who they say had 8,500 pounds of illegal fireworks and explosives intended for distribution. Also in June, four family members in South Los Angeles were charged with possessing more than 5,000 pounds of fireworks in their home, according to a Los Angeles County press release.

And some Los Angeles County towns, incuding Maywood, Paramount and West Covina, are paying for illegal fireworks tips, Los Angeles magazine reports.

The American Fireworks Standards Laboratory reported an estimated 13,004 fireworks-related injuries were treated in U.S. emergency departments in 2025. Illegal fireworks are of particular concern in states prone to widespread wildfires, such as California and Utah.

“The safety concerns are real,” says Todd A. Spodek, a criminal defense attorney and managing partner in the New York office of Spodek Law Group. “Fireworks can cause severe burns, eye and hand injuries, fires, hearing damage and permanent disfigurement. Fireworks are entertainment until they become an emergency, and that can happen in a fraction of a second.”

Spodek says that from what he’s seen, authorities are “generally not trying to arrest every person lighting a firework.” He practices in New York City, where consumer fireworks are illegal.

“They are trying to identify the people supplying the neighborhood,” says Spodek, which makes sense in a dense city where “one person’s celebration can quickly become an entire building’s emergency.”

“Strong enforcement makes sense where there are sales, unsafe storage, minors or genuine danger,” he adds. “The punishment, however, should reflect the actual conduct and risk.”