Delaware 153rd General Assembly (2025-2026) Status: Passed House Bipartisan · 9 D · 2 R cosponsors

HB 63 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREWORKS.

Last action — Passed By Senate. Votes: 19 YES 2 NO

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced March 06, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Prognosis

Likely to advance 74% · high confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed House

    Current position in the legislative process.

  • 11 sponsors

    11 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill amends Delaware's fireworks laws to improve safety and enforcement.

Delaware is updating its fireworks regulations to enhance safety, better inform consumers, and increase enforcement. This includes a permit system for sales and higher fines for violations.

What this means for you
  • Families: Families may experience reduced hazards and nuisances related to fireworks usage in their neighborhoods.
  • Consumers: Consumers will receive better information on fireworks safety and legality.
  • Environment: The bill aims to reduce fire risks associated with fireworks, contributing to environmental safety.

Summary

Delaware's current fireworks laws have led to confusion among consumers and noncompliance, with individuals frequently using fireworks outside of legally permitted days. Many consumers are unaware they are breaking the law, while those who knowingly violate it face fines too low to serve as a deterrent. This results in ongoing nuisances for neighbors, increased risks of bodily harm, and heightened dangers of fires and property damage. Additionally, out-of-state retailers advertise illegal fireworks in Delaware without consequence, further misleading consumers. The absence of a registration process for fireworks retailers limits the State Fire Marshal’s ability to oversee the sale and distribution of these potentially hazardous products. This bill strengthens enforcement by increasing fines, regulating sales through a permit system, ensuring consumer awareness through required safety information, and generating revenue for the Fire Marshal’s office to improve oversight and public education. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.

Bill Text

What changed in the latest version

117 added · 73 removed

Plain-language change summary

The amendment to HB 63 changes the allowed period for the sale and use of certain fireworks from a 30-day period to a 15-day period before specified holidays. Additionally, it alters the advertising restrictions for fireworks, requiring more explicit warnings about legal usage and types of fireworks permitted. These changes affect when individuals can sell and use fireworks and how those products can be advertised in the state.

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Latest
Wilson-Anton HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Wilson-Anton & Rep.
1 TO HOUSE BILL NO.
Osienski & Sen.
63 AMEND House Bill No.
Townsend Reps.
63 on line 10 by deleting "30-day 15-day" as it appears therein and inserting in lieu thereof “30-day”.
Burns, Gorman, Romer, K.
FURTHER AMEND House Bill No.
Williams, Bolden, Harris;
63 on line 36 by deleting "90 days prior to the 15-day" as it appears therein and inserting in lieu thereof "60 days prior to the 30-day".
Sens.
FURTHER AMEND House Bill No.
Sokola, Walsh HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE BILL NO.
63 on line 40 by deleting "15-day" as it appears therein and inserting in lieu thereof "30-day".
63 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREWORKS.
FURTHER AMEND House Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
63 by deleting line 64 in its entirety and inserting in lieu thereof "(a) Except for billboards under subsection (c) of this section, no advertising for the sale of fireworks or products containing pyrotechnic mixture that includes an audio or visual depiction of aerial fireworks or specifically advertises the sale of aerial fireworks may be distributed,".
Section 1.
FURTHER AMEND House Bill No.
Amend § 6901, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
63 by inserting after line 68 and before line 69 the following:
§ 6901.
“(b) Except for billboards under subsection (c) of this section, no advertising for the sale of fireworks or products containing any pyrotechnic mixture, except for products under § 6901(d) of this title, may be distributed, published, aired, or otherwise made available to consumers in this State unless the advertising contains, at a minimum, a warning that fireworks may only be legally used in Delaware on July 4, the third day of Diwali, December 31, and January 1, that Delaware law limits the types of fireworks that may be used, that a permit may be required to use fireworks, and that potential purchasers should check their local and state laws before purchasing or using the advertised products.
Selling or possessing fireworks;
(c) No billboard in this State may advertise the sale of fireworks or products containing any pyrotechnic mixture, except for products under § 6901(d) of this title, unless the advertising contains, in a font of sufficient size and legibility that can be read easily by an operator of a vehicle on the roadway towards which the billboard faces, the following language:
exceptions.
“SOME FIREWORKS ARE ILLEGAL.
(d) The sale of wood stick or wire sparklers which produce a shower of sparks upon ignition and which consist of wire or stick coated with not more than 100 grams of pyrotechnic mixture per item;
CHECK LOCAL AND STATE LAWS BEFORE PURCHASING.”.
other hand-held or ground-based sparkling devices which are nonexplosive and nonaerial, which sometimes produce a crackling or whistling effect, and which contain 75 grams or less of pyrotechnic mixture per tube or a total of 500 grams or less for multiple tubes;
FURTHER AMEND House Bill No.
snakes, glow worms, and smoke devices which contain 20 grams or less of pyrotechnic mixture;
63 on line 69 by deleting "(b)" as it appears therein and inserting in lieu thereof "(d)".
or trick noisemakers, which include party poppers, snappers, and drop pops, each containing 16 milligrams or less of pyrotechnic mixture excepted under subsection (c) of this section is limited to persons 18 years of age and older during a 30-day 15-day period prior to and including the days of allowed use of these items, and the use of these items shall be limited to July 4, the third day of Diwali, December 31, and January 1 of each year.
The regulation use, storage, sale, and possession of items listed in this paragraph including the storage and sale shall be consistent with the standards set forth in NFPA1124 National Fire protection Association Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 edition.
must comply with the rules and regulations promulgated by the State Fire Prevention Commission.
Section 2.
Amend § 6903, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6903.
Permit Permits for public display of fireworks;fireworks and sale of fireworks;
actions by injured persons.
(a) Permit for public display of fireworks.
(a)(1) Any association or company desiring to hold a public display of fireworks may apply to the Office of the State Fire Marshal for a permit to hold such display if application is made 30 days prior to the date of holding the display.
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06/11/2025 12:03 PM FURTHER AMEND House Bill No.
03/05/2025 05:02 PM (b)(2) The application for a permit shall set forth the date, hour and place of holding such display and place of storing fireworks prior to display, also the name of the person holding the display and name of person in charge of igniting the fireworks.
63 on line 70 by deleting “subsection (a)” as it appears therein and inserting in lieu thereof “subsections (a), (b), or (c)”.
(c)(3) The application shall be accompanied by a certificate of insurance issued by a bona fide insurance company licensed by the State Insurance Commissioner showing a minimum of $1,000,000 liability insurance per event for those persons who suffer injuries as a result of any discharge of the fireworks by the applicant or anyone acting for or on the applicant’s behalf.
FURTHER AMEND House Bill No.
(d)(4) If the State Fire Marshal is satisfied that the holding of the display is supervised by a competent and experienced person and that the display will not be a detriment to the community or area in which the display is held, the Marshal may grant a permit for the display.
63 by deleting line 75 in its entirety and inserting in lieu thereof “(e) No sale of fireworks or products containing any pyrotechnic mixture designed or intended for display listed in § 6901(a) of this title, or of any devices listed in § 6901(d) of this title containing an amount of pyrotechnic mixture exceeding the maximum limits set forth in § 6901(d) of this title, may be made in this State unless the”.
The place of storage of fireworks prior to the display shall be subject to the approval of the State Fire Marshal.
FURTHER AMEND House Bill No.
(b) Permit for sale of fireworks.
63 by inserting after line 81 and before line 82 the following:
(1) Any person seeking to sell fireworks or related products under § 6901 of this title must apply to the Office of the State Fire Marshal for a permit to sell such products 90 days prior to the 15-day sales period prior to and including July 4, the third day of Diwali, December 31, and January 1 of each year.
“(3) Information on the safe usage and disposal of fireworks and similar products.
(2) A separate application is required for each retail location for which a person seeks authorization to sell fireworks or related products.
(4) A reminder that in general, fireworks are only legal on July 4, the third day of Diwali, New Year’s Eve, and New Year’s Day.
(3) A separate application is required for each 15-day sales period for which a person seeks to sell fireworks or related products.
(f) No sale of fireworks or products containing any pyrotechnic mixture that may be possessed or used in this State without a permit on July 4, the third day of Diwali, December 31, and January 1 may be made in this State unless the purchaser is provided with a written notification containing a warning on letter-sized paper containing the following information:
(4) A permit fee of $100 must accompany each application or otherwise be paid before the Office of the State Fire Marshal may grant a permit.
(1) Information on the safe usage and disposal of fireworks and similar products.
(5) For retail locations that consist of temporary structures, including tents, stands, or other structures, an inspection fee of $25 is required for inspection of the physical structure, and a separate inspection fee of $25 for inspection of the fireworks inventory.
(2) A reminder that in general, fireworks are only legal on July 4, the third day of Diwali, New Year’s Eve, and New Year’s Day.”.
(c) Any person who fails to obtain a permit required under this section is subject to a penalty of $1,000 for a first violation, $5,000 for a second violation, and $10,000 for any subsequent violation.
FURTHER AMEND House Bill No.
Section 3.
Show all 99 changed rows (59 more)
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63 by inserting after line 91 the following:
Amend § 6905, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
“Section 5.
§ 6905.
This Act takes effect on January 1 following its enactment into law.”.
Penalties;
SYNOPSIS This Amendment to House Bill No.
jurisdiction.
63 changes the required advertising disclosures contained in House Bill No.
HD :
63.
If an advertisement in this State depicts or advertises aerial fireworks, it must include a warning that fireworks are generally illegal without a permit in Delaware, that sparklers, poppers, and similar products may be illegal in Delaware, and that potential purchasers should check their local and state law before purchasing or using the advertised products.
If an advertisement does not contain or depict aerial fireworks, it need only contain warnings that (1) fireworks may only be legally used in Delaware on July 4, the third day of Diwali, December 31, and January 1;
(2) Delaware law limits the types of fireworks that may be used;
(3) a permit may be required;
and (4) potential purchasers should check their local and state laws before purchasing or using the advertised products.
For billboard advertisements, a large and legible font must read “SOME FIREWORKS ARE ILLEGAL.
CHECK LOCAL AND STATE LAWS BEFORE PURCHASING.” Where House Bill No.
63 changed the 30-day sales period prior to the 4 holidays during which fireworks can be used to a 15-day sales period, this Amendment leaves it as a 30-day sales period.
Where House Bill No.
63 required that a person seeking to sell fireworks must apply for a permit 90 days before the sales period, this Amendment requires the application 60 days before the sales period.
This Amendment further provides for two different categories of disclosures at the time of sale.
For the sale of fireworks requiring a permit or otherwise containing pyrotechnic substances above the threshold limits allowable without a permit, the disclosure to buyers must include notice that (1) the fireworks may be illegal and illegal possession or use may result in financial penalties;
(2) fireworks are dangerous and improper use may result in death or serious physical injury;
(3) information on the safe usage and disposal of fireworks;
and (4) a reminder that generally, fireworks are only legal on the HD :
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06/11/2025 12:03 PM third day of Diwali, July 4, New Year’s Eve, and New Year’s Day.
03/05/2025 05:02 PM (a) Whoever Except as otherwise provided, whoever violates this chapter shall be fined not less than$25 no more than $250 for a first violation, nor more than $100.
For the sale of fireworks that individuals may use and possess without a permit, the disclosure to buyers must include (1) information on the safe usage and disposal of fireworks and (2) a reminder that generally, fireworks are only legal on the third day of Diwali, July 4, New Year’s Eve, and New Year’s Day.
no less than $250 nor more than $500 for a second violation, and no more than $1,000 for any subsequent violation.
(b) A person who has committed 3 or more violations is prohibited from any activity for which the person would otherwise be authorized under this chapter for a period of 1 year from the date the person is convicted of the violation.
Any permit or license is immediately void and revoked upon conviction of a third or subsequent violation of this chapter, and the holder of a permit or license that has been revoked under this section may not re-apply for a period of 1 year from the date the person is convicted of the violation.
(b) (c) Justices of the peace shall have jurisdiction of any violation of this chapter.
Section 4.
Amend Chapter 69, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6907.
Advertising;
required information.
(a) No advertising for the sale of fireworks or products containing any pyrotechnic mixture may be distributed, published, aired, or otherwise made available to consumers in this State unless the advertising contains a warning that the use of fireworks is generally illegal without a permit in Delaware, that sparklers, poppers, and similar products may be illegal in Delaware, and that potential purchasers should check their local and state law before purchasing or using the advertised products.
(b) Any retailer, manufacturer, or other person advertising fireworks or products containing any pyrotechnic mixture in this State who fails to make the required warnings in the advertising materials under subsection (a) of this section is subject to a civil fine of $1,000 for each violation.
Each printed copy of an advertisement distributed in Delaware is a separate violation for purposes of this section, and a separate violation occurs each time a potential purchaser or consumer views, hears, or otherwise is exposed to an audio, visual, or audio-visual advertisement within the bounds of this State.
(c) No sale of fireworks or products containing any pyrotechnic mixture in this State may be made unless the purchaser is provided with a written notice containing the following information, or such other information as the State Fire Prevention Commission may require by regulation, on letter-sized paper in large, bold font:
(1) The products purchased by the consumer may be illegal in Delaware, and illegal possession or use may result in financial penalties.
(2) Fireworks and similar products are dangerous, and improper use may result in death or serious physical injury.
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06/11/2025 12:03 PM 0081530046
03/05/2025 05:02 PM § 6908.
Wholesale license.
(a) A person seeking to ship, advertise, offer for sale, or supply fireworks to a Delaware retailer must hold a wholesale license issued by the Office of the State Fire Marshal.
(b) A person seeking a wholesale license must submit an application and $100 application fee to the Office of the State Fire Marshal before that Office may issue a license.
(c) A license issued under this section is valid for one year.
A wholesale licensee must apply annually and pay the application fee each year before a license may be renewed.
§ 6909.
Funding.
All money derived from permit fees, license fees, and civil penalties under this chapter shall be placed in a special fund to be used by the Office of the State Fire Marshall for enforcement and public education.
SYNOPSIS Delaware's current fireworks laws have led to confusion among consumers and noncompliance, with individuals frequently using fireworks outside of legally permitted days.
Many consumers are unaware they are breaking the law, while those who knowingly violate it face fines too low to serve as a deterrent.
This results in ongoing nuisances for neighbors, increased risks of bodily harm, and heightened dangers of fires and property damage.
Additionally, out-of-state retailers advertise illegal fireworks in Delaware without consequence, further misleading consumers.
The absence of a registration process for fireworks retailers limits the State Fire Marshal’s ability to oversee the sale and distribution of these potentially hazardous products.
This bill strengthens enforcement by increasing fines, regulating sales through a permit system, ensuring consumer awareness through required safety information, and generating revenue for the Fire Marshal’s office to improve oversight and public education.
This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
HD :
GOG :
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03/05/2025 05:02 PM 0081530005
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Action History

  1. Passed By Senate. Votes: 19 YES 2 NO

  2. Reported Out of Committee (Corrections & Public Safety) in Senate with 5 On Its Merits

  3. Assigned to Corrections & Public Safety Committee in Senate

  4. Passed By House. Votes: 38 YES 1 NO 2 ABSENT

  5. Amendment HA 1 to HB 63 - Passed In House by Voice Vote

  6. Amendment HA 1 to HB 63 - Introduced and Placed With Bill

  7. Reported Out of Committee (Public Safety & Homeland Security) in House with 3 Favorable, 4 On Its Merits

  8. Introduced and Assigned to Public Safety & Homeland Security Committee in House

Sponsors

Sponsorship breakdown

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11 sponsors · 0 co-sponsors · 51 not signed on · 2 voted No

Sponsors (11)

Co-sponsors (0)

None.

Not signed on (51)

51 members have not signed on to this bill.

Show all 51 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3/5

Passed 19 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 4200
Total 19200
% of votes cast 90%10%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

3/5

Passed 38 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 26001
Republican 12101
Total 38102
% of votes cast 93%2%0%5%
How each member voted (41)
Member Party Vote
Alonna Berry Democratic Yea
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Not Voting
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Not Voting
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Nay
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 63 do?
Delaware's current fireworks laws have led to confusion among consumers and noncompliance, with individuals frequently using fireworks outside of legally permitted days. Many consumers are unaware they are breaking the law, while those who knowingly violate it face fines too low to serve as a deterrent. This results in ongoing nuisances for neighbors, increased risks of bodily harm, and heightened dangers of fires and property damage. Additionally, out-of-state retailers advertise illegal fireworks in Delaware without consequence, further misleading consumers. The absence of a registration process for fireworks retailers limits the State Fire Marshal’s ability to oversee the sale and distribution of these potentially hazardous products. This bill strengthens enforcement by increasing fines, regulating sales through a permit system, ensuring consumer awareness through required safety information, and generating revenue for the Fire Marshal’s office to improve oversight and public education. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
Who sponsors HB 63?
HB 63 is sponsored by John "Jack" Walsh (Democratic), David P. Sokola (Democratic), Kerri Evelyn Harris (Democratic), Darius J. Brown (Democratic), Brian Pettyjohn (Republican), Cyndie Romer (Democratic), Mara Gorman (Democratic), Bryant L. Richardson (Republican), Bryan Townsend (Democratic), Edward S. Osienski (Democratic), and Madinah Wilson-Anton (Democratic).
What is the current status of HB 63?
This bill has passed the House. Introduced March 06, 2025. It now moves to the second chamber.
Where can I track HB 63?
Track HB 63 free on One Click Politics — get push/email alerts when it moves.

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