GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 305

Short Title:  Prohibit Sale of Some Pyrotechnics.	(Public)

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Sponsors: Senators Winner, Martin of Guilford, Martin of Pitt, Allran, and Gulley.

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Referred to:  Judiciary I/Constitution

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March 6, 1995

A BILL TO BE ENTITLED
AN ACT TO PROHIBIT THE SALE OF CERTAIN PYROTECHNICS IN NORTH CAROLINA.
Whereas, in North Carolina, between December 1, 1993, and July 15, 1994, over 50% of the fire departments, hospitals, and forestry departments that responded to a survey reported injury or property damage due to fireworks; and
Whereas, of the 41 injuries reported, half were second-degree burns, one person lost an eye, 51% of the victims were age 20 or younger, and 64% were male; and
Whereas, 62% of the fireworks-related fires involved fireworks that are now exempt in G.S. 14-414; and
Whereas, 22% of the fires and injuries were caused by firecrackers, 21% by rockets, 20% involved sparklers, and 16% involved smoke bombs; and
Whereas, nationally collected data indicate that legalized fireworks have proven to be costly in both human injury and property damage; and
Whereas, the United States Consumer Product Safety Commission reported that 12,900 injuries from fireworks were seen at hospital emergency departments in 1993; and
Whereas, in 1991, an estimated 28,000 fires involving fireworks were reported to fire departments across the nation, causing direct property damages estimated at $19,900,000;  Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-414 reads as rewritten:
"§ 14-414.  Pyrotechnics defined; exceptions.
For the proper construction of the provisions of this Article, 'pyrotechnics,' as is herein used, shall be deemed to be and include any and all kinds of fireworks and explosives, which are used for exhibitions or amusement purposes: provided, however, that nothing herein contained shall prevent the manufacture, purchase, sale, transportation, and use of explosives or signaling flares used in the course of ordinary business or industry, or shells or cartridges used as ammunition in firearms. This Article shall not apply to the sale, use, or possession of the 
	explosive caps designed to be fired in toy pistols, provided that the explosive mixture of the explosive caps shall not exceed twenty-five hundredths (.25) of a gram for each cap.
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Sec. 2.  This act becomes effective December 1, 1995, and applies to offenses committed on or after that date.