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37mm State and Local Laws and Regulations

Legal Index


All of the information contained on this page is provided only as a consolidated reference, and should not be construed as complete, binding or legal advice. The data is provided by members, and is held in good faith to be accurate.


If you know the laws in your state, and they aren't listed (or are incorrectly listed), please drop me a note!

Minnesota State Law

624.20 Fireworks.

Subdivision 1. As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers, or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture.

Subd. 2. As used in sections 624.20 to 624.25, the term "explosive fireworks" means any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration.

HIST: 1941 c 125 s 1; 1988 c 584 s 2

Editor's note: it also appears that 37mm tear gas rounds are illegal to possess in Minnesota unless you are a police officer (see http://www.revisor.leg.state.mn.us/stats/624/731.html for details).

South Dakota State Law

CHAPTER 61:09:03
EXPLOSIVE DEVICES FOR CONTROL OF DEPREDATING BIRDS
Section
61:09:03:01 Requirements for explosive devices.

61:09:03:01. Requirements for explosive devices. All explosive devices for control of depredating birds must meet the following requirements:
(1) Explosive devices for control of depredating birds may be Class C explosives, consisting of a cardboard or pasteboard tube not exceeding four inches in length and 3/4 inch in diameter or of an explosive projectile to be fired from a 12-gauge shotgun. Other pyrotechnics that may be used are whistling devices, ground devices, aerial devices, 15 mm screamer sirens, bird bangers, and bird banger rockets to be launched by a 6 mm single- or double-shot pistol. A device may not exceed a range of 250 feet. A device may contain a mixture of potassium perchlorate, aluminum powder, sulphur, black powder, smokeless powder, or a similar pyrotechnic mixture. The component which produces the audible effect may not contain more than 40 grains of explosive composition;
(2) Special fireworks devices intended to produce audible or visible effects may be used, such as salutes, aerial bombs, shells, and five-shot repeating reports. Each device may not exceed thirty-five grams of explosive charge and twenty grams of lift charge;
(3) An explosive device may utilize only a safety fuse that has been treated or coated in such a manner as to reduce the possibility of side ignition. The safety fuse must be securely attached so that it will support either the weight of the device plus 8 ounces of dead weight or double the weight of the device, whichever is less, without separation from the device. A safety fuse with a minimum of three seconds and a maximum of six seconds for each inch of burn time must be used with each device;
(4) The minimum horizontal dimension or the diameter of the base or bottom of a device that is operated in an upright position must be equal to at least one-third of the height of the device, including any base or cap affixed to it;
(5) The pyrotechnic chamber in a device must be sealed in a manner that prevents leakage of the pyrotechnic composition during shipping, handling, and normal operation;
(6) The pyrotechnic chamber in a device must be constructed in a manner to allow functioning in a normal manner without burnout or blowout; and
(7) Igniter cords may be used for initiating a delay system sequence of igniting a series of explosive devices.
Source: 18 SDR 83, effective November 13, 1991.
General Authority: SDCL 34-36-8.
Law Implemented: SDCL 34-36-7, 34-36-8.

CHAPTER 61:09:04
STORAGE OF EXPLOSIVE DEVICES
Section
61:09:04:01 General storage requirements.
61:09:04:02 Types of magazines required for storage of explosive materials.

61:09:04:01. General storage requirements. General storage requirements for explosive devices for control of depredating birds are as follows:
(1) A person storing explosive materials shall notify the local fire department and local law enforcement agency of the place, extent, and manner of the storage;
(2) Magazines must be under the responsibility of a person at least 21 years of age who is specifically appointed for the purpose, possesses the keys to the magazine, and is responsible for the safe storage of explosives contained in the magazine;
(3) The person responsible for safe storage of explosives in a magazine shall post signs with the words EXPLOSIVES - KEEP OFF legibly printed in contrasting colors and in letters at least three inches high with 1/4-inch stroke. The signs must be maintained at all times on the premises on which the magazines are located so that a bullet fired directly at them will not strike a magazine.
Source: 18 SDR 83, effective November 13, 1991.
General Authority: SDCL 34-36-8.
Law Implemented: SDCL 34-36-7, 34-36-8.

61:09:04:02. Types of magazines required for storage of explosive materials. Explosives used for the purposes of this article must be stored in Type 3 or Type 4 magazines that meet applicable requirements of Article 77, Division II, Uniform Fire Code. Type 3 magazines are portable outdoor magazines that may be used for the temporary storage of low explosives if they are attended. Type 4 magazines are permanent, portable, or mobile outdoor magazines that may be used for the storage of low explosives.
Source: 18 SDR 83, effective November 13, 1991.
General Authority: SDCL 34-36-8.
Law Implemented: SDCL 34-36-7, 34-36-8.
Cross-Reference: Uniform Fire Code, defined, § 61:09:02:01(16).


Massachusetts State Law

Chapter 148: Section 39. Sales, possession, use, etc. of combustible or explosive substances to produce visible or audible effects; fireworks; definitions; exceptions; enforcement procedures; penalties.

Section 39. No person shall sell, or keep or offer for sale, or have in his possession, or under his control, or use, or explode, or cause to explode, any combustible or explosive composition or substance, or any combination of such compositions or substances, or any other article, which was prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation.

For the purposes of this section the word ""fireworks'' shall include compositions, substances or other articles and shall also include blank cartridges or toy cannons in which explosives are used, the type of toy balloon which requires fire underneath to propel the same, firecrackers, cherry bombs, silver salutes, M-80's, torpedoes, sky-rockets, Roman candles, sparklers, rockets, wheels, colored fires, fountains, mines, serpents, or other fireworks of like construction or any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance.

Whoever shall sell or keep for sale or offer for sale any fireworks in violation of this section shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment for not more than one year or both. Any officer qualified to serve criminal process may arrest without a warrant any person who shall sell or keep for sale or offer for sale any fireworks in violation of this section and any fireworks found in his possession or under his control upon conviction of such a violation shall be forfeited to the commonwealth.

Whoever shall have in his possession or under his control, or whoever shall use or explode or cause to explode any fireworks in violation of this section shall be punished by a fine of not less than ten dollars nor more than one hundred dollars. Any officer qualified to serve criminal process shall seize all of the fireworks mentioned herein without a warrant, and the fireworks seized shall, upon conviction of such violation, be forfeited to the commonwealth.

Notice of such seizure of the fireworks shall immediately be sent to the marshal by the officer making the seizure, and the fireworks seized shall be held and securely stored by that department until the marshal or his authorized representative takes them into his possession for disposal.

The term ""fireworks'' as used herein shall not include toy pistols, toy canes, toy guns or other devices in which paper caps or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, if they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, or toy pistol paper caps or plastic caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times; and provided, further, that this section shall not apply (1) to the sale of any fireworks to be shipped directly out of the commonwealth, or (2) to the sale of any such article for the use of, and its use by, persons having obtained a permit for a supervised display of such fireworks from the marshal or some officer designated by him therefor, under any provision of section thirty-nine A, or (3) to the sale of flares, lanterns or fireworks for the use of, and their use by, railroads, railways, boats, motor vehicles or other transportation agencies, or other activity, lawfully permitted or required to use any or all of such articles for signal purposes, illumination or otherwise, or (4) to the sale or use of blank cartridges for a duly licensed show or theatre or for signal or ceremonial purposes in athletics or sports, or to the sale of special blank cartridges and their use in the proper operation of industrial tools and equipment only, or (5) to experiments at a factory for explosives, or (6) to the sale of blank cartridges for the use of, or their use by, the militia or any organization of war veterans or other organizations authorized by law to parade in public, a color guard armed with firearms, or (7) in teaching the use of firearms by experts, or (8) to the sale of shells for firearms, cartridges, gunpowder, and for the purpose of using, and their use, or in connection with the hunting of game or in target practice with firearms, or (9) to farmers and fruit growers who, having obtained a permit under section thirteen of chapter forty-eight, use firecrackers for the control of damage to their crops by birds.

Chapter 48: Section 13. Setting open air fires; conditions and restrictions; penalty for violation.

Section 13. No person shall set, maintain or increase a fire in the open air at any time except by permission, covering a period not exceeding two days from the date thereof, granted by the forest warden or chief of the fire department in cities and towns, or, in cities having such an official, the fire commissioner; provided, that if such permission is not in writing, a written record of the granting thereof, setting forth the date upon which permission was granted, the dates covered by such permission, the name and address of the person to whom, and the manner in which, such permission was granted, and any other necessary information relative thereto, shall be made and kept by the forest warden, chief or fire commissioner, as the case may be, and shall be open to public inspection; and provided further, that persons eighteen years of age or older may, without a permit, set, maintain or increase a reasonable fire for the purpose of cooking, upon sandy or gravelly land free from living or dead vegetation or upon sandy or rocky beaches bordering on tidewater, if the fire is enclosed within rocks, metal or other nonflammable material. The forest warden, chief or fire commissioner, as the case may be, may make it a condition for granting a permit that any burning shall be done only after four o'clock (eastern standard time) in the afternoon, and in the case of a permit for a demolition burning may make it a condition for granting such permit that sufficient fire department personnel, to be assigned by proper authority at the expense of the person seeking such permit, shall be present at such burning to control the fire until it is entirely extinguished. Any permit granted under this section may be revoked at any time. The forester may make rules and regulations relating to the granting and revocation of such permits binding throughout the commonwealth. Such rules and regulations shall take effect subject to section thirty-seven of chapter thirty, when approved by the governor and council. The forest wardens in towns and officials performing the duties of forest wardens in cities shall cause public notice to be given of the provisions of this section and shall enforce the same. Whoever violates any provision of this section shall be punished by a fine of not more than $500 plus the cost of suppression or by imprisonment for not more than one month or both. In this section, a demolition burning shall mean a fire set for the purpose of burning debris resulting from the demolition of buildings.

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