Are Fireworks Legal in the San Francisco Bay Area in 2026?
"Are fireworks legal in the Bay Area?"
The answer depends on the type of firework and the local laws where it will be sold or used. Dangerous fireworks are generally illegal to possess or use without a valid permit throughout California. “Safe and sane” fireworks may be permitted in certain communities, but local cities and counties can prohibit them. In San Francisco, all personal fireworks, including those labeled “safe and sane,” are illegal.
Digging into California’s fireworks laws, there are two primary categories of fireworks recognized by the law: “dangerous fireworks” and “safe and sane fireworks.”
Dangerous Fireworks
Dangerous fireworks include devices that explode, rise into the air, or move unpredictably along the ground. Examples include firecrackers, skyrockets, Roman candles, chasers, and certain large sparklers. California law prohibits possessing dangerous fireworks without a valid permit. Their use is generally limited to licensed pyrotechnic operators and properly authorized public displays.
Safe and Sane Fireworks
“Safe and sane fireworks” are consumer fireworks that have been examined, tested, and approved by the California State Fire Marshal. They may include certain small sparklers, fountains, and other products that do not explode or fly through the air. However, the “safe and sane” label does not mean they are legal in every California community.
Licensed retailers may sell approved safe and sane fireworks from noon on June 28 through noon on July 6 each year, but only in jurisdictions that permit their sale. Cities and counties may establish shorter sales periods or prohibit them entirely.
Fireworks laws throughout the Bay Area vary by city, county, and unincorporated area. Before purchasing or using any fireworks, check the rules issued by the local fire department or government agency. California law also prohibits retailers from selling or transferring safe and sane fireworks to anyone under 16 and prohibits giving dangerous fireworks to anyone under 18.
There can be criminal and civil trouble for using fireworks, especially if someone gets hurt.
Criminally, violations of California’s fireworks laws may be punishable by a fine of $1,000 to $2,000, up to one year in county jail, or both. Possessing larger quantities of dangerous fireworks can result in substantially higher fines and additional criminal penalties. Further charges may also apply when fireworks cause a fire, injury, or property damage.
Civilly, if fireworks harm someone, they may have legal recourse through a personal injury lawsuit. This would involve making a claim that someone else’s negligence or intentional conduct using fireworks caused injuries.
So why are fireworks illegal, and what is this fuss about? Well, for many people, fireworks are a fun toy to play with. The reality is that fireworks are explosive, flammable, hazardous, and can cause life-altering injuries, even death. All it takes is one lapse of judgment to cause severe burns, loss of fingers or limbs, permanent vision damage, or an uncontrollable fire.
According to the U.S. Consumer Product Safety Commission, at least 15 fireworks-related deaths and approximately 13,000 emergency-department-treated injuries were reported during 2025. An estimated 1,300 of those injuries involved sparklers. Burns were the most common injury, and hands, fingers, the head, face, and ears were among the body parts most frequently injured.
Take sparklers, for example. Sparklers are typically seen as “safe” fireworks that children are given to wave around to see the sparks dance. But sparklers can burn at temperatures of approximately 2,000 degrees Fahrenheit, hot enough to melt some metals, and they cause hundreds of injuries each year.
Beyond the physical injuries they cause, fireworks start thousands of fires across the country. California’s hot, dry summer conditions can make fireworks particularly hazardous because one spark can ignite nearby grass, brush, trees, buildings, or other flammable materials.
Although fireworks are illegal in many Bay Area communities, the reality is that regardless of the law, people are going to be out and about using fireworks, especially around the Fourth of July. Our goal here at Dolan Law Firm is to prevent injuries and reduce the harm in our world. But we must acknowledge that people will violate the law and still engage in dangerous behaviors. So, here are some things to watch out for if you are around fireworks:
- Leave fireworks to licensed professionals. Attending an authorized public display is safer than attempting to set off fireworks yourself.
- Never allow young children to handle or ignite fireworks, including sparklers.
- Never point fireworks at someone else, even if unlit; you should not place any trust in the explosive in your hand.
- Fireworks should never be modified or attempted to be modified. Any modification can cause a sudden combustion and is unpredictable. Modifying fireworks has resulted in extreme injuries and death.
- Even safe and sane fireworks, where they are legal, should only be used in an outdoor environment, away from trees, brush, buildings, and other flammable materials. Keep a bucket of water and a hose nearby in case of a fire or other emergency.
- Never use fireworks while impaired by alcohol or drugs.
- If you are going to dispose of fireworks, soak them in water before placing them in any trash bin. If they are dangerous or illegal fireworks, call the authorities and allow them to dispose of them.
Above all else, be safe out there. Setting off fireworks may be perceived as a fun and joyous activity, but the reality is that fireworks are dangerous, and one mishap can result in life-changing injuries.
In San Francisco, you can call 311 to report the unsafe use of fireworks when you can provide an exact location and a description of the person involved. If there is an immediate threat to life or property, call 911 directly.
Fireworks can cause severe burn injuries, permanent scarring, eye injuries, amputations, and other life-changing harm. If you or a loved one was injured because of another person’s careless or unlawful use of fireworks, the personal injury attorneys at Dolan Law Firm can help you understand your legal options. Contact us for a free, confidential consultation.
