Boom Or Bust? The Legal Lowdown On Home Fireworks

Fourth of July is a holiday that brings us together as Americans and celebrates some of the best aspects of our country: freedom, democracy, and bravery in the face of tyranny. But celebrating with fireworks at home can be a risky proposition. Before you break out the bottle rockets, consider the consequences.

• High Price of a “Pop”: Injuries and Fatalities: The numbers don’t lie: fireworks can be incredibly dangerous. According to the U.S. Consumer Product Safety Commission, 2024 saw a concerning rise in fireworks-related incidents. There were 11 reported deaths and an estimated 14,700 injuries in the United Sates alone. That’s a 38% increase in deaths and a 52% increase in injuries compared to 2023. And don’t underestimate “small” fireworks; sparklers alone caused an estimated 1,700 emergency room-treated injuries.
• When the Fun Explodes: Property Damage: Your backyard celebration could turn into a costly disaster. In 2022, the National Fire Protection Association’s research division estimated that fireworks ignited an alarming 31,302 fires. This included 3,504 structure fires, 887 vehicle fires, and 26,492 outside fires, resulting in a staggering $109 million in property damage. If your fireworks start a fire that damages someone else’s property, your Fourth of July could end up costing you far more than you ever imagined.
• Boom for You, Bust for Others: Impact on Pets and Veterans: While the Fourth of July is a joyful celebration for many, it can be a terrifying experience for others. The loud noises and bright flashes from fireworks often put pets on edge, causing them to panic and sometimes flee, as noted by the American Kennel Club. Furthermore, some veterans may find the Fourth of July incredibly difficult. The VA National Center for PTSD highlights that the bright flashes, smell of smoke, and loud noises associated with fireworks can be significant triggers for those experiencing PTSD. Before lighting up your display this year, consider the vulnerable members of our community who might be impacted.

Just because setting off fireworks at home can be risky, doesn’t mean you can’t still celebrate the Fourth of July with a bang! Cape Coral offers Red, White & Boom, a free event on Cape Coral Parkway where residents can enjoy fireworks safely.

By Kara B. Rogers, Esq.

Fireworks have been part of America’s Independence Day since its very beginning. In fact, John Adams wrote that the holiday “ought to be solemnized with pomp and parade … bonfires and illuminations.” Indeed, In 2020, Florida enacted Florida Statutes §791.08, which makes it lawful for individuals to use consumer fireworks on designated holidays – specifically:

• Independence Day (July 4)
• New Year’s Eve (Dec. 31)
• New Year’s Day (Jan. 1)

This law reflects a deliberate choice by the Florida Legislature to balance safety concerns with residents’ rights to celebrate meaningful holidays in a personal and traditional way. While local ordinances may regulate where fireworks can be used, they cannot override the state’s express permission for use on these specific holidays. While concerns over safety and community impact are valid, they shouldn’t cloud the conversation about responsible celebration and personal freedom.

Home fireworks are more than a party favor – they’re a symbol of personal liberty. In Florida, including Cape Coral, state law permits the use of certain consumer fireworks on designated holidays. That means, yes – Floridians have a legal right to enjoy a backyard show on the Fourth of July. Suggesting a blanket avoidance undermines the spirit of the law and discounts the many who celebrate safely, thoughtfully, and legally.

It’s true that injuries and fires can occur – but so can car accidents on New Year’s Eve, or cooking fires on Thanksgiving. The goal should not be prohibition, but education. Fireworks, like grills, pools, and power tools, require precaution. Adults supervising children, maintaining distance, and following package instructions can mitigate many risks. Tools like buckets of water, fire extinguishers, and eye protection make a difference.

Let’s continue to celebrate in style, God bless America! God bless Cape Coral!

By Robson D.C. Powers, Esq.

Disclaimer: Nothing contained herein should be construed as legal advice. You should always consult an attorney for any legal questions. This article was originally published in the July Edition of the Cape Coral Sun and can be read in its original form at here.