Colorado § 24-33.5-2002 - Unlawful use or sale of fireworks - exceptions.

§ 24-33.5-2002. Unlawful use or sale of fireworks - exceptions.

(1) Except as provided for in subsection (6) of this section, it shall be unlawful for any person to knowingly furnish to any person who is under sixteen years of age, by gift, sale, or any other means, any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11).

(2) Except as provided for in subsection (6) of this section, it shall be unlawful for any person who is under sixteen years of age to purchase any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11).

(3) Nothing in this section shall be construed to prohibit any statutory or home-rule municipality from enacting any ordinance that prohibits a person under sixteen years of age from purchasing any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11).

(4) Any person who sells or offers to sell any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11), shall display a warning sign, as specified in this subsection (4). The warning sign shall be displayed in a prominent place on the premises at all times, shall have a minimum height of eight and one-half inches and a minimum width of eleven inches, and shall read as follows:

WARNING

IT IS ILLEGAL FOR ANY PERSON UNDER SIXTEEN YEARS OF AGE TO PURCHASE ANY FIREWORKS. VIOLATORS MAY BE PUNISHED BY A FINE OF UP TO $750.00, BY IMPRISONMENT FOR UP TO SIX MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.

(5) Except as provided in this section and in section 24-33.5-2003, it shall be unlawful for any person to possess or discharge any fireworks, other than permissible fireworks, anywhere in this state.

(6) At all times that it is lawful for any person over the age of sixteen years to possess and discharge permissible fireworks, it shall also be lawful for a person under the age of sixteen years to possess and discharge permissible fireworks, if the person is under adult supervision.

(7) Except as provided in this section, it shall be unlawful for any person who is not licensed as a retailer under this part 20, in retail transactions with the public, to offer for sale, expose for sale, sell, or have in the person's possession with the intent to offer for sale any permissible fireworks.

(7.5) It is unlawful for a person licensed as a retailer pursuant to this part 20 to sell, offer for sale, expose for sale, possess with intent to sell, deliver, consign, or otherwise furnish a firework, except a permissible firework, to another person.

(8) Except as provided in this section, it shall be unlawful for any person who is not licensed as a display retailer, wholesaler, or exporter under this part 20, in transactions other than retail transactions with the public, to offer for sale, expose for sale, sell, or have in such person's possession with the intent to offer for sale any fireworks including permissible fireworks.

(8.3) It is unlawful for a person licensed as a display retailer pursuant to this part 20 to sell, offer for sale, expose for sale, possess with intent to sell, deliver, consign, give, or otherwise furnish a firework, except display fireworks or articles pyrotechnic to a person authorized by section 24-33.5-2003.

(8.5) It is unlawful for a person licensed as a wholesaler pursuant to this part 20 to sell, offer for sale, expose for sale, possess with intent to sell, deliver, consign, give, or otherwise furnish a firework, except permissible fireworks to a retailer for resale in Colorado.

(8.7) It is unlawful for a person licensed as an exporter pursuant to this part 20 to sell, offer for sale, expose for sale, possess with intent to sell, deliver, consign, give, or otherwise furnish a firework to a person, except as provided by section 24-33.5-2006.

(9) Nothing in this part 20 shall prevent or regulate:

(a) The use of fireworks by railroads or other transportation agencies for signal purposes or illumination;

(b) The sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations;

(c) The sale, purchase, possession, or use of fireworks distributed by the division of parks and wildlife for agricultural purposes under conditions approved by the division; or

(d) The sale, delivery, consignment, gift, or furnishing of fireworks among display retailers, wholesalers, or exporters licensed under this part 20.

Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1021, § 1, effective August 9. L. 2021: (7.5), (8.3), (8.5), and (8.7) added, (HB 21-1235), ch. 392, p. 2607, § 1, effective June 30.

Editor's note: This section is similar to former § 12-28-102 as it existed prior to 2017.

ANNOTATION

Law reviews. For article, "A Review of the 1959 Constitutional and Administrative Law Decisions", see 37 Dicta 81 (1960).

Annotator's note. Since § 24-33.5-2002 is similar to laws antecedent to former § 12-28-102, relevant cases construing those provisions have been included in the annotations to this section.

It is the legislative intent that the explosion of fireworks should be proscribed as a danger to health and safety and as a nuisance resulting from the unreasonable audible effect. People v. Young, 139 Colo. 357, 339 P.2d 672 (1959).

The definition of "use" as shown generally in recognized dictionaries fails to include any reference which, by the use of the most liberal rules of construction, would encompass a gift or the act of giving. Calkins v. Albi, 163 Colo. 370, 431 P.2d 17 (1967).

The giving of or a gift from one to another is not one of the prohibited acts under this section. Calkins v. Albi, 163 Colo. 370, 431 P.2d 17 (1967).

A violation of any of the provisions of the fireworks statute is a misdemeanor and punishable by a fine, or imprisonment, or both. Calkins v. Albi, 163 Colo. 370, 431 P.2d 17 (1967).

It is axiomatic that a criminal or penal statute be strictly construed in favor of the one against whom it is sought to be enforced. Calkins v. Albi, 163 Colo. 370, 431 P.2d 17 (1967).

The fact that negligence per se or statutory negligence is involved in a case rather than criminal responsibility makes no difference in construing a criminal or penal statute. Calkins v. Albi, 163 Colo. 370, 431 P.2d 17 (1967).

Where negligence per se or statutory negligence is an issue, a penal statute has no different meaning and is not subject to a liberal construction as opposed to the meaning it must be given in a criminal case where the rule of strict construction is applicable. Calkins v. Albi, 163 Colo. 370, 431 P.2d 17 (1967).

To hold this section applicable to minors who have not reached the age of understanding or to those mentally unable to comprehend its requirements is carrying the law of negligence to a point which is unreasonable and is establishing a doctrine abhorrent to all principles of equity and justice. Calkins v. Albi, 163 Colo. 370, 431 P.2d 17 (1967).