Illegal Fireworks – NRS 244.367

Overview

Illegal fireworks, as defined under Nevada Revised Statute (NRS) 244.367, refers to the use, sale, or possession of fireworks that are not legally authorized within the state. This statute empowers county governments to regulate and enforce laws pertaining to fireworks to ensure public safety and prevent fire hazards. Understanding the implications of this statute is crucial for residents, visitors, and vendors, as violations can lead to significant legal consequences. Attorney Josh Tomsheck of Hofland & Tomsheck is a seasoned criminal defense lawyer who can assist those facing charges related to illegal fireworks, helping them navigate the legal complexities and protect their rights.

Definition of Illegal Fireworks

Under NRS 244.367, “illegal fireworks” encompass any fireworks that are not classified as “safe and sane” and are prohibited by local county ordinances. Key components of this statute include:

1. Regulation by County Ordinances: The statute authorizes each county in Nevada to establish its own regulations regarding the sale, possession, and use of fireworks. What may be legal in one county can be prohibited in another.
2. Types of Prohibited Fireworks: Generally, fireworks that explode, launch into the air, or move on the ground uncontrollably are considered illegal. This can include firecrackers, rockets, and Roman candles.
3. Exceptions: Certain fireworks may be permitted for licensed professionals during approved events, such as public displays organized by municipalities or licensed pyrotechnicians.

Legal Requirements for Prosecution

To secure a conviction for illegal fireworks under NRS 244.367, the prosecution must prove the following elements beyond a reasonable doubt:

1. Possession or Use: The defendant must have knowingly possessed, used, sold, or distributed fireworks that are classified as illegal under local county regulations.
2. Violation of Local Ordinance: The prosecution must establish that the fireworks in question were prohibited by the specific county ordinance where the offense occurred.
3. Knowledge of Illegality: It must be shown that the defendant knew or reasonably should have known that the fireworks were illegal in the area of possession or use.

Related Offenses

Illegal fireworks charges can often be accompanied by other related offenses, depending on the circumstances. These related charges may include:

• Reckless Endangerment – NRS 202.595: If the use of illegal fireworks endangers the safety of others, the accused may also face charges of reckless endangerment.
• Unlawful Arson – NRS 205.005: If the use of illegal fireworks results in a fire that causes property damage, the accused could be charged with arson.
• Disturbing the Peace – NRS 203.010: The loud noise from illegal fireworks can lead to charges of disturbing the peace, particularly in residential areas or during prohibited times.

Examples of Illegal Fireworks Offenses

To illustrate how NRS 244.367 is applied, consider the following examples:

• Example 1: A person is found in possession of aerial fireworks, such as bottle rockets, in a county that only permits “safe and sane” fireworks. This individual could be charged with possession of illegal fireworks under NRS 244.367.
• Example 2: A vendor is caught selling firecrackers at a roadside stand without a permit in a county that prohibits such sales. This act could lead to charges of selling illegal fireworks, along with potential fines and other penalties.

Penalties for Illegal Fireworks

The penalties for committing an offense involving illegal fireworks under NRS 244.367 can vary based on the severity of the violation and the county in which the offense occurred. Potential consequences include:

• Misdemeanor Charges: In most cases, possession or use of illegal fireworks is classified as a misdemeanor, carrying the following penalties:
  • Fines: Up to $1,000.
  • Community Service: The court may require community service in lieu of or in addition to fines.
  • Confiscation of Fireworks: All illegal fireworks will be confiscated and destroyed by the authorities.
• Increased Penalties for Sale or Distribution: For those caught selling or distributing illegal fireworks, especially in large quantities, penalties can include higher fines, longer probation periods, and even potential jail time.
• Civil Penalties: Some counties impose civil fines in addition to criminal penalties for the use or possession of illegal fireworks.

Defenses Against Illegal Fireworks Charges

If you are facing charges related to illegal fireworks under NRS 244.367, several defenses may be applicable depending on the circumstances of your case. Attorney Josh Tomsheck can evaluate your situation and develop a defense strategy tailored to your needs. Common defenses include:

1. Lack of Knowledge: Demonstrating that the accused was unaware that the fireworks were illegal in the specific county can be a strong defense. If the individual did not know or could not have reasonably known that the fireworks were prohibited, this may mitigate liability.
2. Compliance with Local Ordinances: If the accused can show that they were in compliance with local regulations at the time of the alleged offense, this can lead to a dismissal of charges.
3. Mistaken Identity: If the accused can prove they were not the person in possession or control of the illegal fireworks, this can result in a dismissal of charges.
4. Illegal Search and Seizure: If the fireworks were discovered through an unlawful search or seizure, Attorney Josh Tomsheck can file a motion to suppress the evidence, potentially leading to a dismissal of charges.

The Importance of Legal Representation

Navigating the complexities of illegal fireworks charges requires knowledgeable legal representation. Attorney Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling a wide range of criminal cases, including those involving regulatory violations, equips him to provide a robust defense against charges under NRS 244.367.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain States Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous dismissals and acquittals at trial. His commitment to protecting the rights of his clients and his understanding of Nevada’s legal landscape make him a formidable advocate in cases involving illegal fireworks.

Understanding Your Rights

If you are accused of possessing, using, or selling illegal fireworks, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests. Attorney Josh Tomsheck and the team at Hofland & Tomsheck are dedicated to providing aggressive and knowledgeable defense strategies tailored to your case.

Contact Josh Tomsheck Today

For more information about defending against illegal fireworks charges under NRS 244.367 in Las Vegas or anywhere in Nevada, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options. Don’t leave your future to chance—let us help you protect your rights and achieve the best possible outcome.