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Nebraska State Fire Marshal

Christopher Cantrell, State Fire Marshal

Licenses/Retail Stands

What are the requirements to have a stand?

Stands must be located within the city limits of an incorporated city or village in the state. Refer to Rules For Retail Sales Of Consumer Fireworks for building code requirements. Fireworks must be purchased from a distributor or jobber who hold a current license with the State of Nebraska. Someone age 16 or older must be present at all times while a stand is open. You should also check with your local jurisdiction to find out if they have any requirements. Some cities require anyone wanting to sell fireworks to obtain a local license in addition to the state license.

 

LB 152 was recently passed and then signed by the Governor with an emergency clause on May 5, 2021.  Because of this, the new law will take effect on May 10, 2021.  Please review the below FAQs related to this new law taking effect.

 

Can I now buy M-80’s at the stands?

No. Only 1.4G fireworks may be sold at retail in Nebraska. 1.4G firecrackers must have less than 50 milligrams of explosive composition, which eliminates firecrackers typically referred to as M-80s or cherry bombs.

 

Can I now buy stuff that was only available out of state before?

No.  LB 152 updated Nebraska law to allow all products that have been tested and approved for labeling as 1.4G products to be sold in Nebraska, except for wire sparklers.

 

Can I go to another state to buy fireworks and bring them back to Nebraska?

No. Under Nebraska law, 28-1248 it is unlawful for any person not licensed as a jobber or distributor by the State Fire Marshal Agency to bring any fireworks into this state.

 

Can I have or buy flying lanterns?

No. Flying lantern-type devices are prohibited from sale, possession, and use in this state per Neb. Rev. Stat. §28-1255.

 

Can I buy nighttime parachutes?

Yes.  Nighttime parachutes are now allowed in Nebraska. Be mindful of weather, wind, and environmental conditions.

 

Can I buy bottle rockets in Nebraska?

Yes.  Rockets on a stick can be purchased in Nebraska as long as they are labeled as a 1.4G product 

 

Can I buy wire sparklers at the stand or in a store?

No.  Wire sparklers are still prohibited for sale in Nebraska.

 

How can I report an unsafe firework, and have it assessed by the State Fire Marshal Agency?

An email may be sent to the Agency at https://sfm.nebraska.gov/contact.  It is very important to include the following information: 1) name of the firework; 2) type of firework (artillery shell, fountain, firecracker, large cake, etc.); 3) reason it is believed to be unsafe (came down hot, tipped over, blew up in tube, fuse too short, etc.)

 

May I sell fireworks anytime during the year?

No. State law only allows for fireworks to be sold between June 24 and July 5 on a JULY License or between December 28 and January 1 on a DECEMBER License. Local jurisdictions have the authority to be more restrictive. Always check with your local jurisdiction to find out what restrictions, if any, they may have on the dates fireworks may be sold.
 

May I get a retail license anytime up to July 4th?

Applications for the July selling season are due 10 business days prior to June 25th and applications for the December selling season are due 10 business days prior to December 29th. It is highly recommended that you submit your applications early; you may start applying January 1st of the year in which the license will be issued.