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As the fourth of July approaches and fireworks sales heat up, it can be easy to forget that many fireworks are illegal. Even ones that can be purchased locally.

The sale and use of fireworks is governed by state law and city ordinance. State statute 167.10 states that “anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use” is prohibited. Essentially, anything that explodes, emits projectiles or leaves the ground under its own power is illegal.

“It if fires up in the air, it is pretty much prohibited,” Tomah Police officer Melanie Marshall said.

Exceptions to the state law include common-use products such as gasoline and candles, sparklers less than 36 inches long, toy snakes containing no mercury, and caps containing less than one-quarter gram of explosives. Exceptions also include fountains classified as Division 1.4 explosive by the Federal D.O.T., and holders of local government fireworks permits. The use of illegal fireworks could result in fines.

For some, it is confusing that fireworks retailers sell items which are illegal for residents to use. Stands can sell fireworks to residents of other states, or residents transporting the fireworks.

“They can be in business,” Marshall said. “As long as people are taking the fireworks to a place where it is okay to use them.”