West Virginia Fireworks (2026)

Key Facts

Statute: W. Va. Code 29-3E
Consumer Fireworks: Legal statewide
Minimum Age: 18 years
Safety Fee: 12 percent of sales

Full Breakdown

West Virginia Code Chapter 29 Article 3E authorizes the sale and use of consumer fireworks meeting APA Standard 87-1, including aerial devices, by individuals over eighteen. Retailers must obtain a Certificate of Registration from the State Fire Marshal and pay annual fees. A twelve percent fee on retail sales funds veterans and volunteer fire department programs. Localities may regulate the time and place of use but cannot prohibit sales by licensed retailers. Sparklers and novelties remain unregulated. Public display permits are required for professional shows.

Violations & Penalties

Selling without a state Certificate of Registration is a misdemeanor punishable by fines up to $1,000 per offense, plus license revocation and forfeiture of inventory.

Frequently Asked Questions

Are aerial consumer fireworks legal throughout West Virginia?

Yes. Since 2016, consumer fireworks meeting federal APA Standard 87-1, including aerial devices, are legal for sale and use statewide under W. Va. Code 29-3E by adults over eighteen.

Can West Virginia cities ban fireworks the state allows?

Localities may regulate time and place of discharge but cannot prohibit licensed retail sales. Many municipalities restrict use to certain holidays or hours, so check local rules before discharging fireworks.

West Virginia Consumer Fireworks Sales and Use Regulation