2021 New Mexico Statutes
Chapter 60 - Business Licenses
Article 2C - Fireworks Licensing and Safety
Section 60-2C-7 - Permissible fireworks.
A. Permissible fireworks are:
(1) ground and hand-held sparkling devices:
(a) cone fountains;
(b) crackling devices;
(c) cylindrical fountains;
(d) flitter sparklers;
(e) ground spinners;
(f) illuminating torches; and
(g) wheels;
(2) aerial devices:
(a) aerial shell kit-reloadable tubes;
(b) aerial spinners;
(c) helicopters;
(d) mines;
(e) missile-type rockets;
(f) multiple tube devices;
(g) roman candles;
(h) shells; and
(i) stick-type rockets, except as provided in Subsection B of this section; and
(3) ground audible devices:
(a) chasers; and
(b) firecrackers.
B. The following types of fireworks are not permissible fireworks:
(1) stick-type rockets having a tube less than five-eighths inch outside diameter and less than three and one-half inches in length; and
(2) fireworks intended for sale to the public that produce an audible effect, other than a whistle, by a charge of more than one hundred thirty milligrams of explosive composition per report.
C. A municipality or county shall not by ordinance regulate and prohibit the sale or use of any permissible firework except aerial devices and ground audible devices.
History: Laws 1989, ch. 346, § 7; 1991, ch. 133, § 5; 1997, ch. 17, § 5; 2007, ch. 268, § 3.
ANNOTATIONSThe 2007 amendment, effective April 2, 2007, added aerial shell kit-reloadable tubes and multiple tube devices as permissible aerial devises and classifies as non-permissible fireworks stick-type rockets having a tube less than five-eighths inch outside diameter and less than three and one-half inches in length and fireworks that produce an audible effect by a charge of more than one hundred thirty milligrams of explosive composition per report.
The 1997 amendment, effective March 18, 1997, rewrote this section to the extent that a detailed comparison is impracticable.