Nevada Revised Statute 244.367 gives individual county governments the authority to regulate local fireworks laws and licensing requirements for vendors. The statute also grants individual counties the authority to impose criminal and civil penalties on people who violate these laws.
The full text of the statute reads as follows:
NRS 244.367. 1. Except as otherwise provided in subsection 3, the board of county commissioners shall have power and jurisdiction in their respective counties to pass ordinances:
(a) Prohibiting, restricting, suppressing or otherwise regulating the sale, use, storage and possession of fireworks; and
(b) Providing for the imposition of criminal or civil penalties, or both, for the violation thereof. A civil penalty imposed pursuant to such an ordinance must not be:
(1) In an amount less than $250 or more than $1,000 for a violation involving less than 100 pounds in gross weight of fireworks, including packaging;
(2) In an amount less than $1,000 or more than $5,000 for a violation involving not less than 100 pounds or more than 5,000 pounds in gross weight of fireworks, including packaging;
(3) In an amount less than $5,000 or more than $10,000 for a violation involving more than 5,000 pounds in gross weight of fireworks, including packaging; or
(4) Imposed against a person who has been issued a license or permit pursuant to the ordinance.2. An ordinance passed pursuant to subsection 1 must:
(a) Provide that any license or permit that may be required for the sale of fireworks must be issued by the licensing authority for:
(1) The county, if the fireworks are sold within the unincorporated areas of the county; or
(2) A city located within the county, if the fireworks are sold within the jurisdiction of that city; and
(b) Establish factors for determining the severity of any criminal penalty or any civil penalty within the limits contained in paragraph (b) of subsection 1 that take into account, without limitation, the number and severity of any previous violations.3. An ordinance passed pursuant to subsection 1 must not apply to a child under the age of 18 years unless the child is emancipated.
Legal Analysis
NRS 244.367 gives every board of county commissioners in Nevada the power to pass local laws (ordinances) that either:
- prohibit fireworks,
- restrict firework,
- suppress fireworks, and/or
- regulate the sale, use, storage, and possession of fireworks1
Nevada law also gives these boards of county commissioners the power to levy criminal or civil penalties for breaking local fireworks laws. The extent of the monetary civil penalties turn on the amount of fireworks involved in the violation:
| Gross Weight of Fireworks | Civil Penalty for Local Violations in Nevada |
| Less than 100 pounds | $250 to $1,000 |
| 100 pounds to 5,000 pounds | $1,000 to $5,000 |
| More than 5,000 pounds | $5,000 to $10,0002 |
In addition, people who unlawfully ignite fireworks face various such criminal charges as reckless endangerment and arson.3
NRS 244.367 gives local Nevada counties the power to regulate fireworks laws.
Legal References
- NRS 244.367 – Fireworks: Regulation and control. See also Batt v. State, (1995) 111 Nev. 1127 and State v. Second Judicial Dist. Court of Nev. (2020) 462 P.3d 671.
- Same.
- NRS 202.595. NRS 205.010. NRS 205.015. NRS 205.020.