New fireworks legislation after New Year's Eve disaster

Yahoo

19-05-2025

Deputy Attorney General Tricia Nakamatsu joins producer/host Coralie Chun Matayoshi to discuss key bills passed this legislative session to enhance law enforcement's ability to apprehend buyers and sellers of illegal fireworks, enable more successful prosecution of violators, and increase penalties for repeat offenders and those whose violations result in serious or substantial harm or death. The Governor's deadline to veto any of the bills passed is July 9, 2025.On New Year's Eve, the deadliest fireworks disaster in Hawaii's history occurred. Six people died in two separate incidents, including a 3-year-old child. Over two dozen others were left disfigured and face long, difficult roads to recovery. Although aerial fireworks have been illegal statewide for 30 years (except by license or permit), dozens of people are treated for fireworks-related injuries every New Year's, and more throughout the year, in emergency rooms across the state.
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Q. Because of tragedies like this, an interagency Illegal Fireworks Task Force was created within the Department of Law Enforcement in 2023 (Act 67), to detect and seize illegal fireworks. Funding for the Task Force was due to sunset so the Legislature this year extended it until 2030. I want to talk about legislation that was passed this year to help catch buyers and sellers of illegal fireworks. First, what are illegal fireworks – and let's focus on consumer fireworks that people set off on New Years Eve.
Consumer fireworks are basically things that stay on or near the ground, sparklers, and firecrackers like the type used for Chinese cultural events. In Maui, Kauai, and Hawaii Counties, anyone with a permit can legally use these for 4 hours, from 9pm on New Year's Eve to 1am New Year's Day. Under a new law that may go into effect this year, each person will be limited to 50 permits per year. On Oahu, the City & County ordinances are much more restrictive about consumer fireworks, so only firecrackers are allowed.
Q. Walk me through typical scenarios of how law enforcement catches people setting off illegal fireworks.
If someone personally witnesses what they believe to be illegal fireworks being set off, they can call 911 to report it, and the responding officer will most likely take a written statement, ask witnesses to identify the person that did it, and try to collect any additional evidence such as videos (HRS 132D-20) or physical evidence. But in order for the case to be prosecuted, a witness must be willing to testify in court, if the case ends up going to trial. Because many people in the community are reluctant to do this, I believe most fireworks cases rely on law enforcement officers who personally witnessed the illegal activity.
Q. A 2023 investigation by a news organization found that between 2018 and 2022, 94% of the citations on Oahu ended in dismissal or dropped prosecutions and the 15 successful cases generated only $1,000 in fines. What are the obstacles to prosecuting violators under the current law and how might these obstacles be overcome by bills just passed by the Legislature?
Definitions – Current definitions for the terms 'fireworks' and 'aerial device' are very technical, requiring prosecutors to prove that the fireworks contained 130 milligrams or less of explosive material, and that it met certain federal parameters. There are a number of reasons why this is challenging, but it's particularly difficult when fireworks are set off and destroyed in the blast. HB 1483 adds alternative definitions that are more common sense, so an aerial device could basically be anything that 'rises more than twelve feet into the air' after being set off, then 'explodes…in the air, shoots or emits flaming balls, or shoots or emits sparks.'
Standard of proof – Another issue that presented challenges in some fireworks cases was having to prove the case 'beyond a reasonable doubt.' Again, if the fireworks already exploded, and there's no physical evidence collected, it's very difficult to reach that level of certainty & meet the legal requirements for a criminal conviction. HB 1483 creates the first non-criminal fireworks offenses in Hawaii—fireworks infractions—which have no possible jail, can only result in a fine, and have a much lower standard of proof in court, called preponderance of evidence. That basically means it's more likely than not that the offense occurred. Another benefit of fireworks infractions is that they can be issued by law enforcement officers very quickly and easily, with just a citation, if the officer witnessed the incident themselves. And they'll probably be processed by the courts much faster too, because they'll be handled like traffic tickets, where people can just mail-in their fine, mail-in a written explanation, or request a hearing with the judge. Of course, the bill also increases a lot of penalties and creates or expands a number of offenses, so we hope that will serve as a deterrent to illegal fireworks as well.
Q. Will HB 1483 increase the penalties for buying, selling, or setting off illegal fireworks?
Consumer fireworks – Yes and no. Buying or setting off consumer fireworks without a permit will technically be a lower penalty, because that'll be an infraction now with a $200 fine.
Importing, storing or distributing – But importing, storing, or distributing consumer fireworks or aerials without a permit, will either be a class C felony—up to 5 years in prison and/or up to $10,000 fine—or if it involves 25 pounds or more, that will be a class B felony, which means up to 10 years prison and/or $25,000 fine.
Class C Felony – punishable by up to 5-year maximum prison sentence and no more than $10,000 fine. Distribution to a minor is a Class C felony.
Class B Felony – if total weight of aerial is 25 lbs. or more. Punishable by up to 5-year maximum prison sentence and no more than $10,000 fine.
Buying or setting off aerials – Buying or setting off aerials without a permit would now range from an infraction—which is subject to a $300 fine—all the way up to a class B felony which can get up to 10 years prison and/or up to $25,000 fine, depending on the weight of the fireworks.
$300 fine – if total weight of aerial is less than 5 lbs. or cannot be determined. Lower standard of proof (more likely than not versus beyond a reasonable doubt). Akin to a traffic ticket.
Misdemeanor – if the total weight of aerial is 5 lbs. or more. Punishable by up to 1 year in prison and/or $2,000 fine.
Class C Felony – if the total weight of aerial is less than 25 lbs. or more. Punishable by up to 5-year maximum prison sentence and no more than $10,000 fine.
Class B Felony – if the total weight of aerial is 50 lbs. or more. Punishable by up to 10-year maximum prison sentence and no more than $25,000 fine.
Increased penalties for repeat offenders, serious/substantial injury or death –HB 1483 also does something very unusual, by increasing all of these criminal penalties—across the board—if those fireworks cause any major injuries, such as second-degree burns, broken bones, or serious permanent disfigurement, or if someone dies as a result of those fireworks. So, offenders could potentially be charged with a class A felony, which is subject to up to 20 years in prison and/or up to $50,000 fine. That applies to everyone in the chain, including anyone who illegally imported, distributed, stored, purchased, or set off those fireworks. There's also increased penalties for repeat offenders who had a prior fireworks conviction within the past ten years.
Violators shall be guilty of the offense one class or grade higher if convicted one or more times for any offense under HRS 132D within 10 years or the fireworks cause substantial bodily injury
Violators shall be guilty of the offense two classes or grades higher if the fireworks cause serious bodily injury or death.
Q. So in order to increase the penalties, the Prosecutor just has to prove that the person had a prior conviction within 10 years of the current conviction or that the fireworks caused serious or substantial injury or death?
All of the increased penalties mentioned above would require some additional proof (i.e. proof that the person actually had prior fireworks convictions, or that the fireworks connected to their illegal actions actually caused the injuries or death), but it would not have to be proven that the offender knew that would be the result.
Q. What about violators with multiple infractions – are they subject to increased penalties too?
Infractions will not be subject to any of these increased penalties, because infractions are not crimes, so they're on a separate track. However, HB 1483 does expand an existing crime that prohibits setting off aerials less than 500 feet from a hotel…so now it will be a misdemeanor (up to 1 year jail and/or up to $2,000 fine) to set off aerials less than 500 feet from any dwelling (e.g., house) unless you have a permit. If you're a repeat fireworks offender, that becomes a class C felony. If someone suffers substantial bodily injury, it's a class B felony. And if someone suffers serious bodily injury or death, that could be charged as a class A felony.
Q. What about liability for property owners, managers, and renters who allow people to set off or store illegal fireworks on their property?
I can only speak to criminal liability, and HB 1483 expands that as well, making it a petty misdemeanor (up to 30 days in jail and/or $1,000 fine) to allow anyone to set off aerials from your property without a permit.
If you allow others to store aerial devices on your property, that will be a misdemeanor, which can get up to 1 year in jail and/or $2,000 fine. If you allow them to store more than 25 pounds of aerials on your property, that will be a class C felony.
In addition, these offenses also qualify for increased penalties if you have a prior fireworks conviction in the past ten years, or if anyone suffers major injuries or death as a result of those fireworks. So, under very bad circumstances, allowing someone to store illegal fireworks on your property could actually result in a class A felony, which can get up to 20 years in prison and/or up to $50,000 fine.
H.R.S. Section 132D-14.5 [became law in 2019] – a homeowner, renter, or person otherwise responsible for the real property who intentionally, knowingly, or recklessly allows an individual, while on the real property, to possess, set off, ignite, or otherwise cause to explode any aerial device shall be deemed to be in violation of this chapter and shall be subject to the penalties as those who possess or set the fireworks off.
HB 1438 adds 'negligently' and increases penalties for violators:
Petty Misdemeanor – Punishable by up to 30 days in jail and $1,000 fine.
Misdemeanor – allows aerial devices, articles of pyrotechnic, display fireworks or pyrotechnic composition to be stored in the real property without a license. Punishable by up to 1 year in jail.
Class C Felony – allows 25 lbs. or more of aerial devices, articles of pyrotechnic, display fireworks or pyrotechnic composition to be stored in the real property without a license. Punishable by up to 5-year maximum prison sentence and no more than $10,000 fine.
HB 1438 increases penalties for all habitual offenders
Violators shall be guilty of the offense one class or grade higher if convicted one or more times for any offense under HRS 132D within 10 years or the fireworks cause substantial bodily injury
Violators shall be guilty of the offense two classes or grades higher if the fireworks cause serious bodily injury or death.
Q. Is there any criminal liability for parents and guardians of minors who knowingly allow them to possess, purchase or set off fireworks?
In general, distribution of fireworks (consumer fireworks or aerials) to a minor will be a class C felony. There is an exception for parents or guardians who allow minors under their care to use consumer fireworks, as long as the minor is under the immediate supervision of an adult. Other than this exception, however, any parent and guardian who knowingly allow their minor to purchase, possess, or set off aerials or consumer fireworks:
Misdemeanor – punishable by up to 1 year in prison and/or up to $2,000 fine.
Class C Felony – if fireworks cause substantial bodily injury. Punishable by up to 5 years prison and/or up to $10,000 fine.
Class B Felony – if fireworks cause serious bodily injury or death. Punishable by up to 10 years prison and/or up to $25,000 fine.
Q. Twelve people were arrested in connection with the Aliamanu New Year's Eve blast, for various felonies including first degree endangering the welfare of a minor. No charges have yet been filed. If the case results in convictions, can the defendants receive higher sentences as outlined in the legislation that just passed (assuming the Governor signs it into law)?
As with many bills, HB 1483 has a savings clause that expressly prohibits these new laws from being used retroactively.
Q. Was any other legislation passed this year to help catch people who possess or set off illegal fireworks and make it easier to prosecute them?
HB 806 – Provides funding to the State Department of Law Enforcement, to conduct fireworks sting operations and establish an explosives and firearms laboratory. Sting operations can be effective in apprehending buyers and sellers, and may also deter illegal activity, because one of the parties could be an undercover officer. Having an in-state explosives laboratory would also help to prosecute certain types of fireworks cases.
HB 550 – Allows drone footage made by law enforcement agencies to be used to establish probable cause in arrests, for fireworks offenses, if the drone was directly above public property and the act leading to the arrest was committed on public property.
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