With 4th of July celebrations just 1 day away, I thought I'd examine the issue of possessing fireworks unlawfully. This post does not address possession of illegal fireworks, but rather the unlawful possession of legal fireworks.
As you may be aware, when you are convicted of a felony or a misdemeanor domestic violence charge, you lose your right to possess firearms. If you have been convicted of a felony or a misdemeanor charge of domestic violence and you own or possess a firearm, you are guilty of the crime of Unlawful Possession of a Firearm. This crime is a felony in and of itself.
In Washington, RCW 9.41.010 (7) sets forth the statutory definition of “firearm” :
" 'Firearm' means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder."
It sounds like many fireworks that are commonly used to celebrate Independence Day would fit the definition of “firearm” under Washington State law. Does that mean you cannot possess or use fireworks if you have a felony or domestic violence conviction?
No. Here's why:
RCW 9.41.320 says:
"Nothing in this chapter [9.41] shall prohibit the possession, sale, or use of fireworks when possessed, sold, or used in compliance with chapter 70.77 RCW."
RCW 70.77 sets forth provisions for the public fireworks displays, selling, and manufacturing of fireworks, and the statutory definition of fireworks:
“Fireworks” means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic or consumer fireworks or display fireworks.
"Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States consumer product safety commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States department of transportation at 49 C.F.R. Sec. 172.101 …..
So as long as you're in compliance with RCW 70.77, you can use consumer fireworks without being considered to be in possession of a firearm.
But what if you're NOT in compliance with RCW 70.77? What if you possess or use fireworks containing more than 50 mg of explosive materials and do not have the required license for display fireworks?
If that is the case, in theory, it looks like you COULD be found to be in possession of a firearm under RCW 9.41 if you use a device that meets the statutory definition of “firearm” because it is a device that fires a projectile using an explosive such as gunpowder.
But for most instances involving the average consumer using consumer fireworks on the Fourth of July, you cannot be found to be in possession of a firearm.
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