Illinois Strict Laws On Fireworks Can Land One In Jail
July 05, 2019 – – It is important to remember this Fourth of July Holiday that there is more risk associated with the possession of fireworks than just the inherent danger of exploding projectiles. The State of Illinois has in effect the Pyrotechnic Use Act which governs the criminal liability associated with possessing dangerous fireworks in the State of Illinois. Section 2 of the Act makes it a Class A Misdemeanor to possess, sell or use fireworks without receiving the proper permit from the city or village.
When contacted, Gruszeczki & Smith Law, LLP Attorney Dustin Smith stated that a Class A Misdemeanor is punishable by up to 364 days in jail and a $2,500 fine. He further stated that it is an additional violation of the law fireworks are discharged within 600 feet of a hospital, asylum or infirmary. Attorney Dustin Smith went on to say, “The fact that possession of fireworks can be a criminal offense is just another reason to avoid them all together. If anyone wants to celebrate the Fourth of July holiday with fireworks leave it to the professionals and go see a display in your town. It is a lot better than spending the holiday in the emergency room or with the local police when they come looking to see the permit.” In addition to jail time and fines a person charged with a crime may need to appear in court multiple times, hire a defense attorney, pay court costs, complete community service or perform other court ordered obligations.
Attorney Dustin Smith added the State of Illinois does allow for the use of some fireworks which are clearly enumerated in Section 1 of the Act. Those fireworks include snake or glow worm pellets; smoke devices; sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, and others. Generally, if the firework are purchased in an Illinois Retail Store then it is most likely legal to use. However, according to attorney Dustin Smith purchasing fireworks in another state and bringing them into the State of Illinois is where people can really get themselves in trouble. “Just because the firewords were purchased in a state where they are legal does not mean that they are legal when brought back to Illinois for July Fourth celebration.”
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Gruszeczki & Smith Law, LLP
Dustin Smith
312-739-0500
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Gruszeczki & Smith Law, LLP
33 N Dearborn St #1950
Chicago, IL 60602
312-739-0500
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