Happy Fourth of July!

   Van Cleaf & McCormack Law Firm is closed today and tomorrow for the Fourth of July.  However, rather than forego a blog post today, we thought it’d be fun to post about the law a whole bunch of Iowans will be breaking this weekend by using fireworks!

  Iowa Code §727.2(2) criminalizes the sale or use of “fireworks.”  What constitutes fireworks is defined in subsection 1 as “any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and fireworks containing any explosive substance.”  The subsection goes on to specifically exclude wire sparklers (assuming they don’t contain magnesium, chlorate, or perchlorate) flitter sparklers in paper tubes no more than 1/8^th of an inch in diameter, toy snakes without mercury, and the caps for cap pistols.

  The use or sale of fireworks is a simple misdemeanor, with a minimum fine of $250.00.  Cities are permitted to authorize shows (Here’s a list of those being offered thisyear).  It is worth noting that, despite what many believe, possession of fireworks by itself is not a crime, so long as they are not being used in the state.

 

  We hope everyone has a happy and safe Fourth of July.  However, if you find yourself in criminal trouble, be it for fireworks, other celebration related activities, or anything else, you may need the help of an Iowa Criminal Law Attorney, like those found at Van Cleaf & McCormack Law Firm.  You can call us on Monday to schedule a free consultation.