Are Sparklers Considered Fireworks?

Sparklers are not considered fireworks by the US Federal Government. Rather, they are classified as “novelties.” However, some states, such as Massachusetts, do classify sparklers as fireworks and place restrictions on their use. While sparklers are legal in Texas and generally very safe to use in most places, please do double-check your local laws or venue rules before lighting them up and dazzling guests at your next party or event.

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What Are ‘Novelty Items’?

Sparklers are sold commercially as novelty items like snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and certain toys. Items containing a small amount of pyrotechnic composition generally fall under this category. 

How Does the Federal Government Restrict Novelty Items? 

If you’re flying on a commercial airline, you cannot take fireworks or novelty items on board — either in your carry-on or in your checked luggage. You must order your items sent via a shipping carrier like UPS Ground.  

Are Sparklers Considered Fireworks in Texas? 

No, sparklers are not considered “fireworks” in Texas, which is important because several jurisdictions like Fort Worth, Keller, and Southlake have made the sale, discharge, or possession of fireworks within the incorporated city limits a Class C misdemeanor, punishable by a fine worth up to $2,000. 

Anywhere in Texas, you can buy sparklers if you are at least 16 years of age and use them if you are on private property or have expressed permission from the property owner. You must take care not to use sparklers within 100 feet of a place where compressed gas or flammable liquids are stored, within 100 feet of a firework seller or retailer, or in or in front of a motor vehicle.  

Which States Classify Sparklers As Fireworks? 

Massachusetts, Hawaii, and Alaska have the nation’s most restrictive laws, prohibiting all fireworks — and they include sparklers in their definition of a “firework.” In Vermont, sparklers are considered a “consumer firework” and must be 14 inches or less in order to be used legally. State laws are always changing, so be sure to check the latest news from the American Pyrotechnics Association.  

As consumer novelty items, sparklers can be used safely in most locations. We can ship anywhere in the United States, except for Alaska or Hawaii. Most shipments will arrive from our Magnolia, TX warehouse within a week. Contact us if you have any questions!!