Fireworks are mostly illegal in Delaware. The state bans anything that flies into the air or explodes, but a 2018 law carved out sparklers, ground-based sparkling devices, and a short list of small novelty items like snakes, smoke devices, party poppers, and toy caps. Sparklers and ground-based devices can only be used on July 4 and December 31, and buyers must be at least 18.
What You Can Legally Buy
Delaware’s default rule under Title 16, Chapter 69 is a blanket prohibition on storing, selling, possessing, or setting off fireworks, firecrackers, rockets, Roman candles, fire balloons, or any other pyrotechnic device.1Justia Law. Delaware Code Title 16 Chapter 69 Section 6901 – Selling or Possessing Fireworks; Exceptions Bottle rockets, aerial shells, firecrackers, and anything designed to shoot upward or detonate remain off-limits.
House Bill 53, passed in 2018, opened up a narrow set of exceptions.2Delaware General Assembly. House Bill 53 The permitted items are:
- Wood-stick or wire sparklers containing no more than 100 grams of pyrotechnic mixture each.
- Ground-based sparkling devices that are nonexplosive and nonaerial, containing 75 grams or less per tube, or 500 grams or less total for multi-tube units. Some produce a crackling or whistling effect.
- Snakes, glow worms, and smoke devices containing 20 grams or less of pyrotechnic mixture.
- Trick noisemakers such as party poppers, snappers, and drop pops, each containing 16 milligrams or less of pyrotechnic mixture.
- Paper toy caps for pistols, canes, and guns, manufactured to federal shipping specifications.
Those weight limits matter. A sparkling fountain that exceeds 75 grams per tube or 500 grams total crosses from legal novelty into prohibited firework, even if it sits next to a smaller legal version on the same shelf.1Justia Law. Delaware Code Title 16 Chapter 69 Section 6901 – Selling or Possessing Fireworks; Exceptions
When You Can Buy and Use Them
The calendar depends on the item. Snakes, smoke devices, toy caps, party poppers, and other trick noisemakers can be sold and used year-round.1Justia Law. Delaware Code Title 16 Chapter 69 Section 6901 – Selling or Possessing Fireworks; Exceptions
Sparklers and ground-based sparkling devices are the tightly regulated group. You can only use them on two days: July 4 and December 31. Retailers can only sell them during the 30 days leading up to each date, which puts the sales windows roughly from early June through July 4 and early December through December 31.2Delaware General Assembly. House Bill 53
That 30-day window is for purchases, not for lighting them. Buying sparklers on June 20 is legal; using them before July 4 is not.
Age Requirement
Buyers of sparklers and other items legalized under HB 53 must be at least 18 years old.2Delaware General Assembly. House Bill 53 The statute does not set an age limit for the smallest novelties like toy caps and party poppers.
Penalties If You Get Caught
Violating Chapter 69 carries a fine of $25 to $100 per offense, with justices of the peace hearing the cases.3Delaware Code Online. Delaware Code Title 16 Chapter 69 – Fireworks The Delaware State Fire Marshal’s Office treats violations as misdemeanors.4State of Delaware. Fireworks – State Fire Marshal
The exposure grows quickly when something goes wrong. The Fire Marshal’s Office says damage or injuries caused by fireworks use can result in felony charges.4State of Delaware. Fireworks – State Fire Marshal A Roman candle in the backyard might start as a small fine, but if it ignites a fire or hurts someone, the case can escalate to felony prosecution.
Confiscation is separate from the fine and is not optional. The State Fire Marshal is required by statute to seize any fireworks or explosives found to be illegally stored in Delaware.5Justia Law. Delaware Code Title 16 Chapter 69 Section 6904 – Confiscation of Illegally Stored Fireworks You do not get them back.
Professional Displays Are the Only Path for Aerials
Aerial shells and other prohibited devices can be used legally in Delaware only through a professional public display, and only with a permit from the State Fire Marshal’s Office. The application must be filed at least 30 days in advance and identify the date, time, location, storage site, and the person who will ignite the fireworks.6Justia Law. Delaware Code Title 16 Chapter 69 Section 6903 – Permit for Public Display of Fireworks7Legal Information Institute. 1 Delaware Administrative Code 704-2-2.0 – Application for Permit for Public Display of Fireworks
There is no consumer version of this permit. A private citizen cannot apply to shoot off aerial fireworks in their own yard.
Pending Changes Under House Bill 63
Delaware’s rules may change again. In March 2026, the Delaware House passed House Bill 63, which has not yet been signed into law.8Delaware House Democrats. House Passes Legislation to Increase Safety Around Fireworks Use and Sale in Delaware If enacted, it would:
- Add the third day of Diwali and January 1 to the legal use dates for sparklers and ground-based devices, bringing the total from two dates to four.
- Require advertisements depicting aerial fireworks to warn that fireworks are generally illegal without a permit in Delaware, and require ads for non-aerial products to list the legal use dates.
- Require billboards to display “SOME FIREWORKS ARE ILLEGAL. CHECK LOCAL AND STATE LAWS BEFORE PURCHASING” in large, legible font.
- Require retailers to warn buyers at the point of sale that some items may be illegal and that misuse can lead to fines, serious injury, or death, and to provide safe use and disposal information for legal consumer items.
The 30-day sales window would stay the same. Until the bill is signed, only the July 4 and December 31 use dates apply.
One Boundary: Agricultural Use
The consumer rules do not cover agricultural pyrotechnics. Delaware law includes a separate exemption at Section 6906 for pyrotechnic devices used in farming, such as scaring birds off crops, and those uses do not require a public display permit.1Justia Law. Delaware Code Title 16 Chapter 69 Section 6901 – Selling or Possessing Fireworks; Exceptions This is a narrow carve-out for operators, not a workaround for backyard use.