Can you legally make your own fireworks in Kentucky? We asked an ATF agent for answers

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As spring gives way to summer, that time of year is once again approaching. Firework retailers will soon set up eye-catching, red and white tents along busy roads and grocery store parking lots to sell all manner of snappers, sparklers and other dazzling devices.

But while they offer fun, there are also dangers. In 2022, more than 10,000 people were treated in emergency rooms across the country for firework-related injuries and at least 11 were killed, according to figures from the federal Consumer Product Safety Commission.

On Independence Day in 2023, a 48-year-old man in Florence was killed when he tried to light a commercial-grade firework using a homemade mortar tube.

Fireworks were also believed to be involved in an explosion that killed a Somerset man Sunday, police told the Herald-Leader.

Given the dangers involved, you might be wondering whether it’s legal to make your own fireworks for personal use, as some hobbyists like to do. To explore this topic, we spoke with the Louisville Field Division of the Bureau of Alcohol, Tobacco and Firearms, with a jurisdiction that covers Kentucky and West Virginia.

“Fireworks are often used to celebrate holidays and special events in Kentucky,” ATF special agent in charge Shawn Morrow. said “Unfortunately, many Americans are seriously injured or killed each year in accidents involving fireworks. We urge the public to verify the type of [firework] they wish to use are legal and remind them to exercise caution when handling. We want everyone to remain safe during their celebrations.”

Morrow responded to our questions via email. Here’s what to know.

Is it legal to make homemade fireworks for personal use?

First, it’s important to get a baseline understanding of the different types of fireworks and the rules around them. As explained by Morrow, they can be divided into two categories based on their intended use: consumer fireworks and display fireworks.

Consumer fireworks are smaller-scale fireworks you’ll see for sale at stands around the Fourth of July. These are ground-based devices that contain small amounts of flash powder, typically less than 50 milligrams. They also encompass aerial devices that contain less than 130 milligrams of flash powder.

Display fireworks, by comparison, are large fireworks used in shows like Thunder Over Louisville, for example. These fireworks include aerial shells, cakes, candles and similar pieces. They create bright flashes of color and loud booms. Generally, display fireworks are used under the supervision of a trained pyrotechnician.

As it relates to federal law, it is not a violation to make or use homemade fireworks for personal use, Morrow told the Herald-Leader.

“You may manufacture display fireworks for personal use at your property without obtaining a Federal Explosives License (FEL) or permit (a manufacturer’s license is needed only by persons engaged in the business of manufacturing fireworks for sale, distribution, or other commercial purpose),” Morrow wrote.

There are some caveats and considerations when it comes to storing, transporting or dealing in explosive materials, however.

• Storage requirements: While it isn’t a violation of federal law to make or use homemade fireworks for your personal purposes, you must comply with storage requirements laid out in federal law. According to Morrow, “Amateurs mixing even small quantities of compositions are still required to store the material in accordance with federal law.” Federal regulations require, in part, that explosive materials be stored in a locked magazine, unless they are being lawfully transported. The ATF also typically places limits on the amount of explosive material you can store in one place.

• Transportation: You cannot legally transport personally manufactured fireworks. “It is unlawful for any person other than a licensee or permittee to knowingly transport, ship, cause to be transported, or receive explosive materials,” Morrow wrote.

• Commercial use: Manufacturing fireworks for commercial purposes requires an ATF manufacturer’s license.

• Other requirements: There are also licenses for dealers, importers and firework collectors. For more information, visit the ATF’s website and review its licensing requirements.

Individuals can apply for a license from the ATF, though the process requires a background check and interview. To get the process started, individuals can apply online at atf.gov/explosives/apply-license.

Generally speaking, if you’re just looking for some safe fireworks to use in a backyard Fourth of July celebration, you should be smart about whom you’re buying from.

“We recommend before buying any consumer fireworks, check with your local and state governments to ensure they are not prohibited in your area,” Morrow said.

You can distinguish legal fireworks by the brightly colored and decorated paper they’re packaged in, its trade name and manufacturing information. Illegal explosive devices, commonly referred to as M-80s, quarter sticks, or cherry bombs, often come in plain brown or white wrappers with no identifying marks, according to an ATF news release.

State law also includes some general prohibitions. To lawfully use and purchase fireworks in Kentucky, you must:

• Be 18 or older

• Not ignite fireworks within 200 feet of any home, vehicle, structure or another person.

• Comply with local firework ordinances. Fayette County in particular does not allow aerial fireworks.

The Kentucky State Fire Marshal also advises against using homemade fireworks. That agency regulates fireworks shows and those roadside stands common throughout the summer. You can contact the agency at 502-573-0382.

Do you have a question about life in Kentucky for our service journalism team? We want to help. Reach out to us via email at ask@herald-leader.com or submit your question with the Know Your Kentucky form below.