New Hampshire Revised Statutes 160-B:4 – Possession; Penalty
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I. No person shall possess fireworks other than the following:
(a) A person who has in the person’s possession a certificate of competency issued pursuant to N.H. Rev. Stat. § 158:9-f and a valid permit to display issued pursuant to N.H. Rev. Stat. § 160-B:7.
(b) A person who has a federal permit to sell display fireworks issued in accordance with title 18 of the United States Code, a state license issued pursuant to N.H. Rev. Stat. § 160-B:6, and a municipal permit issued in accordance with N.H. Rev. Stat. § 160-B:6, or an employee of such person. For the purposes of this subparagraph, “employee” shall be limited to a person who is reported as an employee for state and federal tax purposes and for unemployment compensation purposes.
(c) A common carrier which is in possession of a bill of lading indicating that fireworks are being shipped to or from a licensed and permitted seller or a person who has a certificate of competency and a permit to display.
(d) Any manufacturer or common carrier shipping fireworks in interstate commerce through the state of New Hampshire which are not being delivered or received in this state.
(e) A person who has a licensed facility for the storage of display fireworks pursuant to N.H. Rev. Stat. § 158:9-c.
II. Any person who violates the provisions of this section shall be guilty of a violation unless the person possesses with intent to sell, in which case such person shall be guilty of a misdemeanor.
(a) A person who has in the person’s possession a certificate of competency issued pursuant to N.H. Rev. Stat. § 158:9-f and a valid permit to display issued pursuant to N.H. Rev. Stat. § 160-B:7.
Terms Used In New Hampshire Revised Statutes 160-B:4
- Display: means the use, explosion, activation, ignition, discharge, firing or any other activity which is intended to cause or which causes a firework to do what it was manufactured to do. See New Hampshire Revised Statutes 160-B:1
- Display fireworks: means display fireworks as defined in 27 C. See New Hampshire Revised Statutes 160-B:1
- Fireworks: means fireworks as defined in 27 C. See New Hampshire Revised Statutes 160-B:1
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- sell: means to sell, give or transfer to another, with or without consideration. See New Hampshire Revised Statutes 160-B:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) A person who has a federal permit to sell display fireworks issued in accordance with title 18 of the United States Code, a state license issued pursuant to N.H. Rev. Stat. § 160-B:6, and a municipal permit issued in accordance with N.H. Rev. Stat. § 160-B:6, or an employee of such person. For the purposes of this subparagraph, “employee” shall be limited to a person who is reported as an employee for state and federal tax purposes and for unemployment compensation purposes.
(c) A common carrier which is in possession of a bill of lading indicating that fireworks are being shipped to or from a licensed and permitted seller or a person who has a certificate of competency and a permit to display.
(d) Any manufacturer or common carrier shipping fireworks in interstate commerce through the state of New Hampshire which are not being delivered or received in this state.
(e) A person who has a licensed facility for the storage of display fireworks pursuant to N.H. Rev. Stat. § 158:9-c.
II. Any person who violates the provisions of this section shall be guilty of a violation unless the person possesses with intent to sell, in which case such person shall be guilty of a misdemeanor.