Fireworks

[jmwildenthal]

One of my frustrations with moving to Ohio has been the laws on fireworks. Where I'm from, if there wasn't a drought, you could fire off mortars, rockets, and all the fun stuff as long as you stayed safe and didn't damage anything.

Someone recently asked me about fireworks in Ohio because the other neighbors were firing them off, which scared their dog. So I did some research. My friend didn't like what I found. I think I have found a loophole big enough to buy and fire off anything.

(ORC 3743.80) This chapter [3743] does not prohibit or apply to the following:

(D) The manufacture for, the transportation, storage, possession, or use by, or sale to the armed forces of the United States and the militia of this state of pyrotechnic devices;

So, who are the militia in this state?

(ORC 5923.01)(A) The Ohio organized militia consist of all citizens of the state who are not permanently handicapped, as handicapped is defined in section 4112.01 of the Revised Code, who are more than seventeen years, and not more than sixty-seven years, of age unless exempted as provided in section 5923.02 of the Revised Code, and who are members of one of the following:

...

(D) The unorganized militia consists of those citizens of the state as described in division (A) of this section who are not members of the Ohio organized militia.

So, I (and most of you) are part of the unorganized militia. 3743.80 does not distinguish between organized and unorganized militia. Several spots in the ORC do distinguish between the two (e.g. ORC 2923.17) so the Lege can't plead ignorance.

Naturally, I am not interested in being a test case. But I think it is defensible.

[SeanC]

I don't know if I'm comfortable referring to myself as a member of an unorganized militia, lol. That term is fairly pejorative these days.

The fireworks laws here are pretty restrictive, but in my past experience, you can do pretty much whatever you want out in the country - at least where it's sparsely populated. I think the typical "bad experience" is that the sheriff comes out and tells you to stop - takes away your stash.

[Buckshot]

One of my frustrations with moving to Ohio has been the laws on fireworks. Where I'm from, if there wasn't a drought, you could fire off mortars, rockets, and all the fun stuff as long as you stayed safe and didn't damage anything.

Someone recently asked me about fireworks in Ohio because the other neighbors were firing them off, which scared their dog. So I did some research. My friend didn't like what I found. I think I have found a loophole big enough to buy and fire off anything.

(ORC 3743.80) This chapter [3743] does not prohibit or apply to the following:

(D) The manufacture for, the transportation, storage, possession, or use by, or sale to the armed forces of the United States and the militia of this state of pyrotechnic devices;

So, who are the militia in this state?

(ORC 5923.01)(A) The Ohio organized militia consist of all citizens of the state who are not permanently handicapped, as handicapped is defined in section 4112.01 of the Revised Code, who are more than seventeen years, and not more than sixty-seven years, of age unless exempted as provided in section 5923.02 of the Revised Code, and who are members of one of the following:

...

(D) The unorganized militia consists of those citizens of the state as described in division (A) of this section who are not members of the Ohio organized militia.

So, I (and most of you) are part of the unorganized militia. 3743.80 does not distinguish between organized and unorganized militia. Several spots in the ORC do distinguish between the two (e.g. ORC 2923.17) so the Lege can't plead ignorance.

Naturally, I am not interested in being a test case. But I think it is defensible.

jmwildenthal,

To be legal, all you have to do it get the Governor to call you to duty as part of the militia for this to work.

Of course, the last time that was done was the Spanish-American War. Since then the few times ANY part of the militia has been activated was the standing cadre of the militia known as the State Guard, and THEY were last activated for WW II!

I have been a member of the OHMR, which is the organized cadre of the unorganized militia for the last 15 years. In order to do anything and be legal you have to have orders from the Governor, through the Adjutant General of the State of Ohio and down through your chain of command.

I can't see you having ANY of this in your possession, unless you forge it, which is a much more serious offense than fireworks.

Buckshot

[dan_sayers]

I don't know if I'm comfortable referring to myself as a member of an unorganized militia

Militia is an armed citizenry. Be ye proud of the mark on they forehead!

[PAJOHNOHIO]

I don't know if I'm comfortable referring to myself as a member of an unorganized militia, lol. That term is fairly pejorative these days.

The fireworks laws here are pretty restrictive, but in my past experience, you can do pretty much whatever you want out in the country - at least where it's sparsely populated. I think the typical "bad experience" is that the sheriff comes out and tells you to stop - takes away your stash.

Then takes the fireworks home and shoots them off himself!

[Jronjakoh]

Laws say we sign a waiver saying we are taking the fireworks across the State line to Pa.,W,Va. or Indiana. Folks buy $100s of them at Phantom here in Youngstown.

What they do with them?? Have Block demonstration while the city is doing their 4th celebration downtown.
And they show the city up everytime cause these folks got the dough to blow and the city gets so many calls they wait till it is ALL over and then answer the calls.

[mauser]

There will be many many pyroteknic devices making noise on my property this 4th. Last year we had 72 mortars, 96 rockets, 2,000 firecrackers, 25 things that spin and such, 36 smoke bombs and one very large zuccini hollowed out and filled with pyrodex and a cannon fuse. Our founding fathers broke the law when they signed the Declaration of Independence. I don't let a silly little law stop me from celebrating their magnificent gift each year.

[Buckshot]

There will be many many pyroteknic devices making noise on my property this 4th. Last year we had 72 mortars, 96 rockets, 2,000 firecrackers, 25 things that spin and such, 36 smoke bombs and one very large zuccini hollowed out and filled with pyrodex and a cannon fuse. Our founding fathers broke the law when they signed the Declaration of Independence. I don't let a silly little law stop me from celebrating their magnificent gift each year.

Mauser,

You are actually keeping up with your pen name.

You have made a development equal to the Mauser rifle action, an appropriate use for a zucchini!

Buckshot

[Dr. Winston]

You can find all the 'loop-holes' you want, but in most cases, you will be arrested! I've had shingles burned off down to the plywood from buttholes shooting off fireworks! In the open country, I could care less, but in the city around houses or people, I'm against them.

[Jronjakoh]

BTW My poor puppie 'sings' his heart out whenever there are fireworks set off. Including the YSU fireworks and the 'cannon' that is fired every time YSU makes a touchdown during the home game.(Feild is only a block away)

Must be something about the sensitivity in a dogs ears taht it hurts them so much. HECK!! We have a BLOCK ORCHESTRA of dogs when they go off.

Buckshot: I like your idea of the zuccinni with the Pyrodex. Have to try it sometime. lol

[gunsho919]

I started a thread awhile back about the stupidity of Ohio fireworks laws. I can see restrictions on them if you have so many houses within certain proximity to yours (living in a city), cases of extreme drought, and having certain time periods when they are allowed (ie 4th of july, new years) but having to take them out of the state is just plain stupid. Just like the restrictions on our gun laws, this law definalty needs to change. Does anyone know if they have attempted to change this law?

[charles1198]

My local police office generally does not respond to fireworks calls. I used to work directly across the street from the police department, and some of the employees had a nice little show in the parking lot one year. Presumably, as long as you are not hurting anyone or shooting your roman candles at police cars going down the street, you are OK. I called the police department one year to complain about the crack dealer across the street shooting off M-80's in the street at midnight one night in late June. Their response to me was "Do you realize how many people have fireworks? We can't respond...otherwise, we would have no officers to respond to actual emergencies."

[jmwildenthal]

You can find all the 'loop-holes' you want, but in most cases, you will be arrested! I've had shingles burned off down to the plywood from buttholes shooting off fireworks! In the open country, I could care less, but in the city around houses or people, I'm against them.

I agree any adult who tries this would probably be arrested. But I think they would win in court. And then they should be able to do it the next year without hassle, unless the ORC changes.

As my LEO acquaintances always say:

You can beat the rap, but not the ride.

[ParaC7]

Heck lets try pumpkins and pyrodex, bigger boom, just watch out for flying seeds, ha ha. Anyone ever see the video of them blowing up the dead whale on the beach?? ill try to locate it and post it here.

[Splat!!]

Their response to me was "Do you realize how many people have fireworks? We can't respond...otherwise, we would have no officers to respond to actual emergencies."

Open carry until we get this response............... "Do you realize how many people have guns? We can't respond...otherwise, we would have no officers to respond to actual emergencies."