Are Fireworks Legal in Delaware?
Only a handful of ground-based items, and only on a few specific days per year. Delaware is among the more restrictive states when it comes to consumer fireworks. You can buy sparklers, fountains, ground spinners, jumping jacks, and ground blooms, but you can only legally use them on July 4th, the third day of Diwali, December 31st, and January 1st. Anything that flies or explodes is banned outright for personal use, year-round.
What You Can Buy
Delaware permits the sale and use of ground-based, non-aerial, non-explosive novelty items regulated by the federal government. The approved list includes:
- Handheld sparklers
- Fountains
- Ground spinners
- Jumping jacks
- Ground blooms
Everything else is off-limits. That means no firecrackers, bottle rockets, Roman candles, sky rockets, torpedoes, aerial shells, or any device that leaves the ground or detonates. Sky lanterns are also prohibited.
When You Can Buy
Delaware restricts retail sales to specific seasonal windows:
- June 4 through July 4
- 30 days before the third day of Diwali
- December 1 through January 1
Outside those windows, retailers cannot sell even the permitted items.
When You Can Use Them
This is where Delaware stands apart from most states. Even though you can buy ground-based fireworks for a month leading up to July 4th, you can only legally use them on four days:
- July 4th
- Third day of Diwali
- December 31st
- January 1st
Lighting a fountain in your driveway on July 3rd is technically a violation. The law was written specifically for holiday celebrations, not extended summer fun.
Age Requirement
You must be at least 18 years old to purchase any permitted fireworks in Delaware. The City of Wilmington goes further, prohibiting anyone under 18 from possessing any fireworks at all.
Bringing Fireworks Across State Lines
Delaware residents frequently cross into Pennsylvania or Maryland to buy fireworks that are illegal in the First State. Bringing those purchases back into Delaware is a violation. The State Fire Marshal's office has specifically warned about this, particularly targeting beach vacation renters who arrive with trunk loads of out-of-state fireworks.
Penalties
Misuse of fireworks or possession of illegal fireworks in Delaware is a misdemeanor carrying fines between $25 and $100. That sounds light, but the stakes jump significantly if something goes wrong — any injuries or property damage caused by fireworks can result in felony charges. The State Fire Marshal's office also has authority to confiscate any explosives or fireworks found to be illegally stored. Proposed legislation (HB 63, introduced in 2025) would establish a wholesale licensing system and increase fines, signaling that Delaware is likely tightening enforcement further.
Where to Buy
Licensed retailers sell permitted ground-based items during the seasonal windows. You will find them primarily in strip malls and near beach communities in Sussex County, where summer tourism drives demand. Seasonal stands also appear along Route 1 and Route 13 corridors. There are no year-round consumer fireworks shops in Delaware.
Local tip: If you are vacationing at Rehoboth or Bethany Beach, know that the fireworks you bought in Pennsylvania do not become legal just because you crossed the state line. Beach communities see heavy enforcement around the Fourth. Stick to the permitted ground items, use them only on July 4th, and soak everything in water before putting it in a trash can — the State Fire Marshal specifically warns about post-use trash fires from improperly discarded sparklers and fountains.