ARE FIREWORKS LEGAL IN NEW MEXICO?
Fireworks are restricted in New Mexico.
Consumer fireworks are restricted in New Mexico. Permissible fireworks vary by county and municipality. Many areas ban fireworks during dry seasons.
📅 WHEN CAN YOU USE FIREWORKS?
Jun 20 – Jul 6
No state time limit
Dec 26 – Jan 1
No state time limit
3 days preceding and including Chinese New Year
No state time limit
May 5
No state time limit
Sep 16
No state time limit
Jan 1 – Dec 31 at permanent tourism retail stores
No state time limit
State law (NMSA § 60-2C-8) defines specific sale periods; use is not separately restricted by date under state law. Municipalities and counties may ONLY regulate aerial devices and ground audible devices — they cannot ban sparklers, fountains, or other non-aerial/non-audible items (NMSA § 60-2C-7(C)). Governor may temporarily ban sale/use during extreme drought via proclamation under § 60-2C-8.1.
🎆 WHAT'S LEGAL IN NEW MEXICO?
Missile-type rockets, Roman candles, shells, aerial shell kits, helicopters, aerial spinners, stick-type rockets (>5/8" OD)
Municipalities/counties may ban aerial devices locally
Cone fountains, cylindrical fountains, wheels, ground spinners, illuminating torches
Flitter sparklers, toy smoke devices, crackling devices
Chasers, firecrackers (≤130mg explosive composition per report)
Municipalities/counties may ban ground audible devices locally
Spinning aerial devices
Not specifically listed as permissible under NMSA § 60-2C-7; only specifically enumerated devices are legal
Any DIY, altered, or reloaded fireworks
Illegal — possessing non-permissible fireworks violates § 60-2C-5; penalties are civil under § 60-2C-11
📋 KEY RULES
16 (NMSA § 60-2C-8(C))
No state minimum, but adult supervision recommended
Private property; areas free of combustible materials with extinguishing means available
Within 50 ft of gasoline pumps/stations; on wildlands (bosques, cottonwood corridors); on another's property without permission
Governor may ban sale/use when Energy Release Component ≥ 90th percentile (§ 60-2C-8.1)
Unlawful to sell fireworks to intoxicated persons (§ 60-2C-8(C))
⚖️ PENALTIES
Possession/sale/use of non-permissible fireworks
Civil penalty under § 60-2C-11; citation filed in magistrate/municipal court
Sale without license or permit
License/permit revocation by State Fire Marshal; citation in magistrate court
Selling to persons under 16
Violation of § 60-2C-8(C); citation and potential license revocation
Violation of municipal ban on aerials/audibles
Varies by municipality — e.g., Santa Fe: misdemeanor, up to 90 days jail and/or $500 fine