New push at Capitol to allow more fireworks reignites debate

The fight to legalize bottle rockets and firecrackers is returning to the Minnesota Capitol as advocates make another push to persuade legislators to approve a variety of fireworks.

A new proposal would allow Minnesotans to buy audible and aerial devices, expanding a 2002 change that allowed the sale of sparklers and other novelty items such as snakes, which smoke and spew ash.

Supporters say the existing law is nearly impossible to enforce as Minnesotans drive over the border to neighboring states with less restrictive laws governing the sale of fireworks.

"When I am in my area on the Fourth of July, I see the fireworks being used all over the place," said Rep. Jason Rarick, R-Pine City, the bill's chief sponsor.

The measure would also give local governments the option of banning the sale and use of fireworks. Possession or purchase of any type of firework would remain illegal for anyone under 18.

State fire officials have leveled some of the strongest opposition to the measure.

State Fire Marshal Bruce West said injuries from fireworks have risen 117 percent in the state from 2002 to 2014, when the state legalized some fireworks. Additionally, he said, there has been a 460 percent increase in property damage losses from fireworks.

Burnsville Fire Chief B.J. Jungmann expressed a similar concern at a recent hearing. "Changing this fireworks legislation flies in the face of the prevention aspect … an expansion of the law will cause more fires," he said.

Rarick said the state is missing out on at least $5 million in sales tax revenue each year as residents make their purchases in states such as Wisconsin, North Dakota and South Dakota.

"They're already here; why aren't we capturing those sales taxes here in Minnesota?" he said.

Torrey Westrom, R-Elbow Lake, is sponsoring a similar measure in the Senate.

"It's a very practical approach and common sense to get rid of this archaic law that very few Minnesotans follow and obey and abide by, and it's really not enforced," he said.

The fireworks measure faces stiff opposition at the Capitol. Gov. Mark Dayton vetoed a similar attempt to legalize airborne and audible fireworks in 2012.

Some legislators and opponents are concerned that boost in sales tax revenue would be offset by other costs due to expanded legal use of fireworks in the state. A surge in brush and forest fires, property damage, injuries, more expensive insurance premiums and increased conflicts among neighbors are just some of the concerns raised.

Though Rarick said the state might see a small increase in fireworks-related incidents at first, he doesn't anticipate a drastic jump, since some fireworks have been legal in Minnesota for more than a decade.

"When you first initiate something, you're going to see a drastic change in statistics," he said. "As you go over time and see what happens, you will see a leveling off."

Rep. Laurie Halverson, DFL-Eagan, said she believes that costs associated with firework-related accidents and injuries would increase.