Are Fireworks Legal in Delaware? Rules, Penalties & House Bill 63

Fireworks are mostly illegal in Delaware. The state bans anything that explodes or flies into the air, but a 2018 law created narrow exceptions for sparklers, ground-based sparkling devices, and small novelties like party poppers and snakes. Sparklers and ground-based devices can only be used on July 4 and December 31, and you have to be 18 to buy them.

What’s Legal and What’s Banned

Title 16, Chapter 69 of the Delaware Code sets the default rule: it is illegal to store, sell, possess, or set off any fireworks, firecrackers, rockets, Roman candles, fire balloons, or other pyrotechnic devices in the state.1Justia Law. Delaware Code Title 16 Chapter 69 Section 6901 – Selling or Possessing Fireworks; Exceptions Bottle rockets, aerial shells, firecrackers, mortars, and anything designed to shoot upward or detonate all fall on the illegal side.

House Bill 53, passed in 2018, carved out a short list of permitted items that stay on the ground and produce milder effects.2Delaware General Assembly. House Bill 53 The legal categories are:

  • Wood-stick or wire sparklers containing no more than 100 grams of pyrotechnic mixture per item.
  • Ground-based sparkling devices that are nonexplosive and nonaerial, with 75 grams or less per tube or 500 grams or less total for multi-tube units. Some produce a crackling or whistling effect.
  • Snakes, glow worms, and smoke devices containing 20 grams or less of pyrotechnic mixture.
  • Trick noisemakers such as party poppers, snappers, and drop pops, each containing 16 milligrams or less of pyrotechnic mixture.
  • Paper toy caps for toy pistols, canes, and guns, made to federal shipping standards.

The weight limits are not decoration. A fountain-style device that exceeds 75 grams per tube or 500 grams total crosses from legal novelty into prohibited firework, even if a similar-looking smaller version sits on the same shelf.1Justia Law. Delaware Code Title 16 Chapter 69 Section 6901 – Selling or Possessing Fireworks; Exceptions

When You Can Buy and Use Them

Not every permitted item follows the same calendar. Snakes, smoke devices, toy caps, and trick noisemakers like party poppers and snappers can be sold and used year-round.1Justia Law. Delaware Code Title 16 Chapter 69 Section 6901 – Selling or Possessing Fireworks; Exceptions

Sparklers and ground-based sparkling devices are tighter. You can only use them on July 4 and December 31. Retailers can only sell them during the 30 days leading up to each date, which puts the sales windows roughly from early June through July 4 and early December through December 31.2Delaware General Assembly. House Bill 53 The 30-day window is for buying, not for lighting. If you pick up sparklers on June 20, you still have to wait until July 4 to use them legally.

Age Requirement

You must be at least 18 to purchase sparklers and ground-based sparkling devices under HB 53.2Delaware General Assembly. House Bill 53 The statute does not set an age limit for the smallest novelties like toy caps and party poppers.

Penalties for Getting It Wrong

A violation of Chapter 69 carries a fine of $25 to $100 per offense, with justices of the peace handling the cases.3Delaware Code Online. Delaware Code Title 16 Chapter 69 – Fireworks The Delaware State Fire Marshal’s Office treats violations as misdemeanors.4State of Delaware. Fireworks – State Fire Marshal

Penalties escalate when something goes wrong. The Fire Marshal’s Office says damage or injuries caused by fireworks use can result in felony charges.4State of Delaware. Fireworks – State Fire Marshal A Roman candle fired in a backyard might start as a misdemeanor fine. If it sets a fire or hurts someone, the same act can turn into a felony prosecution.

Confiscation

The State Fire Marshal is required by statute to confiscate any fireworks or explosives found to be illegally stored in the state.5Justia Law. Delaware Code Title 16 Chapter 69 Section 6904 – Confiscation of Illegally Stored Fireworks Seizure is not discretionary. If prohibited fireworks turn up on your property or in your vehicle, you don’t get them back.

Professional Display Permits

Aerial shells and other prohibited devices can be used legally in Delaware, but only under a permit from the State Fire Marshal’s Office. This is a path for professional shows, not homeowners who want to put on a backyard display.

A permit applicant has to:

The person actually firing the display must hold a State Fire Marshal license number, which is listed on the application.7Legal Information Institute. 1 Delaware Administrative Code 704-2-2.0 – Application for Permit for Public Display of Fireworks Storage of the fireworks before the event has to be approved by the Fire Marshal too.

Pending Changes Under House Bill 63

Delaware’s fireworks rules may shift again. In March 2026, the Delaware House passed House Bill 63, which has not been signed into law as of this writing.8Delaware House Democrats. House Passes Legislation to Increase Safety Around Fireworks Use and Sale in Delaware If enacted, it would:

  • Add the third day of Diwali and January 1 as legal use days for sparklers and ground-based devices, expanding the list from two dates to four.
  • Require advertisements showing aerial fireworks to warn that fireworks are generally illegal without a permit in Delaware, and require ads for non-aerial fireworks to list the legal use dates.
  • Require billboards to display “SOME FIREWORKS ARE ILLEGAL. CHECK LOCAL AND STATE LAWS BEFORE PURCHASING” in large, legible font.
  • Require retailers selling fireworks that require a permit to notify buyers that the items may be illegal and that misuse could cause financial penalties, death, or serious injury, while retailers of legal consumer items would have to provide safe usage and disposal information.

The 30-day sales window would stay as it is. Until HB 63 is signed, the current two-date rule and the existing list of permitted items are what applies.