(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class E felony1 to 6 yearsup to $3,000
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 68-104-112

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, firm, partnership or corporation. See Tennessee Code 68-104-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Retailer: means any person engaged in the business of making retail sales of fireworks at any time during the year. See Tennessee Code 68-104-101
  • Sale: means an exchange of articles of fireworks for money and also includes barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesperson, agent, association, copartnership, or one (1) or more individuals. See Tennessee Code 68-104-101
  • Seasonal retailer: means any person engaged in the business of making retail sales of fireworks within this state from June 20 through July 5 and December 10 through January 2 of each year. See Tennessee Code 68-104-101
(1) To purchase any Class C common fireworks, a person must be at least sixteen (16) years of age. Any person sixteen (16) or seventeen (17) years of age who wishes to purchase Class C common fireworks must provide proof of age to the retailer or seasonal retailer by presenting a state-issued photo identification or be accompanied by an adult. It is unlawful to offer for retail sale or to sell any Class C common fireworks to any person under sixteen (16) years of age or to any intoxicated or irresponsible person.
(2) It is unlawful to explode or ignite fireworks within six hundred feet (600′) of any church, hospital, asylum, public school or within two hundred feet (200′) of where fireworks are stored, sold or offered for sale.
(3) No person shall ignite or discharge any permissible articles of fireworks within or throw any permissible articles of fireworks from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of people.
(4) It is unlawful for any individual, firm, partnership or corporation to sell at retail any Class C common fireworks within any county of this state having a population greater than three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census, except in municipalities within such counties with a population of not less than six hundred (600) nor more than six hundred twenty (620), according to the 1980 federal census or any subsequent census, that permitted the sale of such fireworks before 1984; provided, that it is not unlawful for Class C common fireworks to continue to be sold by a person on a parcel of land that contains a fireworks stand, if:

(A) The parcel of property upon which such fireworks are sold is either partially located in a county having a population in excess of three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census, or there is disagreement concerning whether such property is wholly contained within a county having a population in excess of three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census; and
(B) Fireworks have been sold annually at such stand for a period of at least forty-five (45) years.
(b)

(1) All items of fireworks that exceed the limits of D.O.T. Class C common fireworks as to explosive composition, such items being commonly referred to as “illegal ground salutes” designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale or use within this state for any purpose. This subdivision (b)(1) shall not affect display fireworks authorized by this chapter.
(2) A violation of subdivision (b)(1) for a second or subsequent offense is a Class E felony.
(c) Notwithstanding any other provision of law to the contrary:

(1) It shall be lawful for any individual, firm, partnership, or corporation to sell at retail any D.O.T. Class C common fireworks, as defined in § 68-104-101, within the city of East Ridge. This part shall apply to the sale of fireworks in such city; and
(2) It shall be lawful for any individual, firm, partnership, or corporation to sell at retail any D.O.T. Class C common fireworks, as defined in § 68-104-101, within a municipality with a population of not less than ten thousand one hundred seventy (10,170) nor more than ten thousand one hundred seventy-nine (10,179), according to the 2010 federal census or any subsequent census. This part shall apply to the sale of fireworks in such municipality.
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