Yes, sparklers are illegal in Massachusetts. The state’s fireworks statute, MGL Chapter 148, Section 39, names sparklers directly on its list of prohibited devices and makes no exception for the small handheld kind sold in other states.1General Court of Massachusetts. Massachusetts General Laws Part I, Title XX, Chapter 148, Section 39 Getting caught with them carries a fine of $10 to $100, and police are required to seize them on the spot.2Mass.gov. Massachusetts Fireworks Law: MGL c. 148, s. 39
What the Statute Prohibits
Section 39 does not target aerial fireworks and leave the small stuff alone. It bans any article designed to produce a visible or audible effect through combustion, explosion, or detonation, then lists specific devices to remove any doubt. Sparklers appear on that list alongside firecrackers, Roman candles, sky rockets, cherry bombs, M-80s, fountains, colored fires, and serpents.1General Court of Massachusetts. Massachusetts General Laws Part I, Title XX, Chapter 148, Section 39
The ban does not turn on where you bought the item. Sparklers purchased legally in another state are illegal the moment you cross back into Massachusetts.2Mass.gov. Massachusetts Fireworks Law: MGL c. 148, s. 39 There is no personal-use exception, no quantity threshold, and no Fourth of July window that lifts the rule.
The One Narrow Exception
The statute carves out exactly one category, and sparklers are not in it. Toy pistols, toy canes, toy guns, and similar devices are allowed if they use paper or plastic caps containing no more than twenty-five hundredths of a grain of explosive compound, provided the design keeps the hand away from the cap during ignition. Loose toy pistol paper or plastic caps holding less than twenty hundredths of a grain of explosive mixture are also allowed.1General Court of Massachusetts. Massachusetts General Laws Part I, Title XX, Chapter 148, Section 39
This is where people get tripped up. Many states exempt novelty items like party poppers, snaps, and snakes. Massachusetts does not. If it produces a visible or audible effect through combustion or explosion and it isn’t a toy cap gun, the law treats it as an illegal firework.
Penalties If You’re Caught With Them
Simple possession or use carries a fine of $10 to $100. There is no jail time attached to possession. Police officers, however, are legally required to seize any fireworks they encounter, and they can do so without a warrant. The seizure is mandatory, not discretionary.2Mass.gov. Massachusetts Fireworks Law: MGL c. 148, s. 39
You do not get them back. On conviction, the fireworks are forfeited to the commonwealth. The seizing officer must notify the State Fire Marshal immediately, and the items are held securely until the marshal or an authorized representative takes them for disposal.1General Court of Massachusetts. Massachusetts General Laws Part I, Title XX, Chapter 148, Section 39
Selling Is Treated Much More Seriously
Anyone who sells, keeps for sale, or offers fireworks for sale faces a fine of $100 to $1,000, up to one year of imprisonment, or both.1General Court of Massachusetts. Massachusetts General Laws Part I, Title XX, Chapter 148, Section 39 Officers may arrest a seller without a warrant, and any fireworks in the seller’s possession at the time of conviction are forfeited.2Mass.gov. Massachusetts Fireworks Law: MGL c. 148, s. 39
Buying Sparklers in New Hampshire and Driving Home
This is the scenario that gets Massachusetts residents in trouble most often. New Hampshire allows the sale and use of consumer fireworks, including sparklers, at licensed retailers, with a purchase age of 21.3NH Division of Fire Safety. Community Restrictions List The border is close and the temptation is real around the Fourth of July.
The legal exposure is double-layered. The moment you bring the fireworks into Massachusetts, you are in illegal possession under state law and subject to the fine and mandatory confiscation described above.2Mass.gov. Massachusetts Fireworks Law: MGL c. 148, s. 39 Transporting fireworks into a state that bans them is also a separate federal offense under 18 U.S.C. ยง 836, punishable by a fine, up to one year of imprisonment, or both.4Office of the Law Revision Counsel. 18 U.S. Code 836 – Transportation of Fireworks Into State Prohibiting Sale or Use Federal enforcement against individual consumers is uncommon, but the statute is on the books.
There is a narrow federal exemption for continuous transportation through a state. If you are driving through Massachusetts on the way somewhere fireworks are legal, and you do not stop to use or distribute them, the federal prohibition does not apply. If Massachusetts is your destination, no exemption is available.4Office of the Law Revision Counsel. 18 U.S. Code 836 – Transportation of Fireworks Into State Prohibiting Sale or Use
Is There Any Legal Way to Use Sparklers in Massachusetts?
Not as a consumer. The only lawful fireworks use in the state runs through Section 39A, which lets municipalities, fair associations, amusement parks, and similar organizations apply for permits to hold supervised displays. Each show must be run by a licensed operator approved by the local fire chief, and the fire chief must certify that the display will not endanger people or property. The permit fee is set locally but cannot exceed $25.5General Court of Massachusetts. Massachusetts General Laws Part I, Title XX, Chapter 148, Section 39A These permits exist for professional pyrotechnics companies, not for individuals who want to light a sparkler in the backyard.