HABERSHAM COUNTY, Ga. — Georgia law regarding consumer fireworks is generally permissible but comes with regulations concerning time, location, and noise. The law, found primarily in O.C.G.A. Title 25, Chapter 10, attempts to balance the right to celebrate with public safety and local peace.
Residents must understand what is legal, when they can shoot fireworks, and where they are prohibited from doing so.
What is legal to buy and use
Georgia allows the sale and use of ‘consumer fireworks,’ classified as 1.4G explosives, to persons 18 years of age or older.
Legal items include firecrackers, roman candles, bottle rockets, sky rockets, mortars/aerial shells, and sparklers. However, it is illegal to sell or release sky lanterns, also known as floating or balloon lanterns, into the air or waterways.
Under O.C.G.A. § 25-10-1, sellers are required to check identification, as you must be at least 18 years old to purchase these items.
Allowable dates and times
State law sets a baseline for when fireworks are permitted. The rules differ between regular days and holiday dates.
Statewide holiday protections
On specific dates, state law preempts local noise ordinances. This means a city or county cannot ban fireworks or restrict the times further than what the state allows.
According to O.C.G.A. § 25-10-2, the permitted times on these holidays are:
New Year’s Eve (Dec. 31): 10:00 AM – 11:59 PM
New Year’s Day (Jan. 1): Midnight – 1:00 AM and 10:00 AM – 11:59 PM
Memorial Day Weekend: 10:00 AM – 11:59 PM
July 3rd and 4th: 10:00 AM – 11:59 PM
Labor Day: 10:00 AM – 11:59 PM
Non-holiday days
On any other day not listed above, the state default allows fireworks from 10:00 AM to 11:59 PM. However, local governments can enforce general noise ordinances on these days. If a city has a noise ordinance mandating quiet hours starting at 9:00 PM, residents must stop shooting fireworks at that time.
Prohibited locations
Even within the legal timeframe, O.C.G.A. § 25-10-2 prohibits igniting fireworks in or near specific locations.
You cannot shoot fireworks on public roads or within the right-of-way of any street or highway. Additionally, you must be at least 100 yards away from specific facilities, including:
- Gas stations or fuel refineries
- Electric substations or plants
- Jails or prisons
- Helipads
- Hospitals, nursing homes, or healthcare facilities
- Water or wastewater treatment plants
Fireworks are also banned in public parks, historic sites, or recreational areas owned by the government unless the user has a special-use permit.
Private property and equine zones
Residents generally have the right to use fireworks on their own private property. If on someone else’s property, you must have express permission.
A newer provision allows counties to pass ordinances prohibiting fireworks within 200 yards of a facility that houses horses. Residents should check specific county rules if they live near a horse farm.
Northeast Georgia restrictions
According to our research, counties like Hall, Habersham, and White default to state law. However, cities within those counties often have ordinances that limit fireworks on non-holidays.
Athens-Clarke County
On non-holidays, it is a violation of the local noise ordinance to shoot fireworks if the noise is ‘plainly audible’ at a distance of 100 feet or more from the property line. This practically makes shooting fireworks illegal in most Athens neighborhoods on non-holidays.
City of Toccoa
Toccoa has an ordinance that makes it unlawful to discharge fireworks anywhere inside the city limits. While state law allows it on July 4th, police enforce nuisance provisions on other days.
City of Clayton
The City of Clayton prohibits the discharge of explosives within city limits. Residents must be outside the city limits to legally shoot them.
Lake Hartwell and federal land
Fireworks are prohibited on all US Army Corps of Engineers property. This includes the waters of Lake Hartwell, the shoreline, and any Corps-managed campgrounds. This is a federal violation and is subject to fines.
Safety and drought
O.C.G.A. § 25-10-2.1 states it is illegal to use fireworks while under the influence of alcohol or drugs.
There is an exception to these rules for drought. If the Keetch-Byram Drought Index reaches 700 or higher, the Governor can issue a declaration prohibiting the use of fireworks in affected counties. If a ban is in effect, you cannot shoot fireworks even on July 4th.
“As the holiday season approaches, the Cornelia Police Department would like to remind residents of the importance of safety when celebrating Christmas and the New Year, especially with the use of fireworks. While fireworks can bring excitement and joy to celebrations, it is important that they are used responsibly to prevent injuries, fires, and disturbances in our community,” said Cornelia Chief of Police Johnathan Roberts.
Taxes and costs
Consumers will see a 5% excise tax on fireworks receipts. This revenue is dedicated to the Georgia Trauma Care Network, firefighter equipment, and local public safety.
Summary checklist for safe use
[ ] Time: Is it between 10 AM and 11:59 PM? (Or until 1 AM on New Year’s?)
[ ] Location: Are you 100 yards away from gas stations, hospitals, and power stations?
[ ] Property: Are you on your own property or do you have permission?
[ ] Sobriety: Are you sober?
[ ] Drought: Has the Governor declared a drought ban for your county?
