Legalization of consumer fireworks in Maine has found support in the House so far, but is still awaiting more votes before the average Joe can set off a bottle rocket in his yard.

We are glad to see the House has lent its support to this effort, as we believe this bill provides a good framework for allowing fireworks in Maine. The bill, approved by the House Wednesday, delineates how the state would deal with the sale and regulation of fireworks such as bottle rockets and morning glories, but would not legalize large-scale explosives of the type used by professional companies for municipal Fourth of July celebrations.

Even if the new bill is passed into law, it won’t take effect until September, meaning that this Independence Day will still be marked by sparklers and caps and the like ”“ the only fireworks allowed in the state for private use ”“ at least at the homes of law-abiding citizens.

The problem with having fireworks illegal in the state is that it keeps the issue below the radar. Revelers regularly smuggle in fireworks from nearby New Hampshire, as anyone who has been outdoors just about anywhere on the Fourth of July can attest. This law does not prevent people from bringing fireworks into Maine and setting them off. What it does, instead, is force people to keep their fireworks plans under wraps, and that kind of situation does not allow for open discussion and education about fireworks safety. It also opens the door for illegally created fireworks, which do not meet safety standards.

As for safety concerns, Maine has dealt with 45 fires since 2000 that were caused by fireworks, even despite the current law, according to the state fire marshal. Will there be more fires and more accidents if consumer fireworks are legalized? Most likely, yes, which is why the fire marshal opposes it.

However, we do not place an outright ban vehicles, cigarettes, alcohol or firearms ”“ all of which can be linked to accidents and deaths ”“ we simply regulate them. This bill would do the same for fireworks, by placing an age restriction of 21 for people to be able to buy or sell the fireworks. As well, it would allow municipalities to place their own restrictions on sale and use of the devices, via local ordinance.

Much of New England and the surrounding states, excluding New Hampshire, have laws in place to prohibit fireworks, but these states are in the minority nationwide. Ten states ban fireworks altogether, while Maine is one of six that allow only sparklers and other novelties. The rest allow some or all consumer fireworks.

Since we are so close to New Hampshire in this part of the state, fireworks are rather common and it’s another instance of Maine throwing away business over the border because our regulations are more strict. Passing this fireworks bill is a good opportunity for this pro-business Republican majority legislature to put their money where their mouth is and open the state to fireworks sales.

It’s high time for the legislature to lose the “nanny state” mentality here and allow fireworks businesses to thrive in Maine, and Maine people to celebrate as they choose. As with anything, there will be those who will not follow the directions, who will use fireworks while they are intoxicated and maybe blow off a finger or burn down their garage. Unfortunately, those incidents are inevitable, just as they are for other items ”“ think drunk driving, smoking in bed, firing a gun in jest before checking that it’s unloaded. But all Maine residents should not be made to suffer for the mistakes of a few.

With the guidelines laid out in this bill and the powers given to cities and towns, legalization of consumer fireworks is a good way for Maine to show that it’s “open for business,” as Gov. LePage likes to say, and it’s a chance to ease up in an area of unnecessary government control.

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Questions? Comments? Contact Managing Editor Kristen Schulze Muszynski by calling 282-1535, Ext. 322, or via e-mail at kristenm@journaltribune.com.

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