Albuquerque, NM Fire Regulations: Fireworks (2026)
Key Facts
- Code Section
- Albuquerque Fire Code 3309.1
- State preemption
- NMSA 60-2C-7 (cities may ban only aerial & ground-audible devices)
- Banned
- Rockets, Roman candles, aerial spinners, helicopters, chasers, firecrackers
- Penalty
- Misdemeanor; up to $500 and/or 90 days (Sec. 3309.6.1)
- Park/open-space buffer
- 200 ft from Open Space/Bosque; no use in city parks
Summary
Albuquerque bans the aerial devices and ground audible devices it is allowed to prohibit under New Mexico's Fireworks Licensing and Safety Act. Fire Code Section 3309.1 prohibits possession, storage, sale and use of aerial spinners, helicopters, missile- and stick-type rockets, Roman candles, chasers (bottle rockets) and firecrackers citywide.
3309.1 General. The possession, storage, sales, handling and, use of 1.4G consumer fireworks shall comply with IFC Chapter 33, NFPA 1124, and Chapter 60, Article 2C NMSA 1978 also cited as the "Fireworks Licensing and Safety Act" except for the following fireworks listed under 60-2C-7 of this act shall be prohibited from, possession, storage, sale and use in the City of Albuquerque: (1) Aerial Devices: (a) aerial spinners; (b) helicopters; (c) missile-type rockets; (d) stick-type rockets; (f) roman candles (2) Ground Audible Devices (a) Chasers; (b) firecrackers. ... 3309.6.1 Fines. Any individual, firm, partnership or corporation that violates any provision of the Fireworks Licensing and Safety act or this code is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500.00) and/or imprisonment for not more than ninety days.
Full Breakdown
New Mexico law (Chapter 60, Article 2C NMSA 1978, the 'Fireworks Licensing and Safety Act') preempts most local fireworks regulation: under Section 60-2C-7 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. 1, which prohibits the listed aerial devices (aerial spinners, helicopters, missile-type rockets, stick-type rockets, Roman candles) and ground audible devices (chasers/bottle rockets, firecrackers) from possession, storage, sale and use in the city. 'Caution'-labeled ground and hand-held sparkling devices (fountains, sparklers, ground spinners, wheels, illuminating torches) remain legal.
2 bars use in any city park, including Balloon Fiesta Park. Permit applications for retail fireworks sales must be made 14 days in advance (Sec. 2).
Violations & Fines
Per Section 3309.6.1, any individual, firm, partnership or corporation that violates the Fireworks Licensing and Safety Act or this code is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500 and/or imprisonment for not more than 90 days. Illegal fireworks are subject to seizure as evidence under Sections 3309.6.2 and 3309.6.3. Report illegal fireworks online at cabq.gov or call 505-798-7000 in Bernalillo County.
Frequently Asked Questions
What fireworks are illegal in Albuquerque?
What fireworks are legal in Albuquerque?
Can I set off legal fireworks anywhere?
Sources & Official References
Other rules in Albuquerque
How Albuquerque compares: Cities Where Fireworks Are Banned or Heavily Restricted·Compare Albuquerque to another location·View the New Mexico fire regulations overview
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