Ohio Code 3743.46 – Fireworks sales to out-of-state residents
(A) Except as otherwise provided in section 3743.44 or 3743.45 of the Revised Code, no licensed manufacturer or licensed wholesaler shall sell fireworks to a person who resides in another state unless one of the following applies:
Terms Used In Ohio Code 3743.46
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Fireworks: means any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, except ordinary matches and except as provided in section 3743. See Ohio Code 3743.01
- licensed manufacturer: means a person licensed pursuant to sections 3743. See Ohio Code 3743.01
- licensed wholesaler: means a person licensed pursuant to sections 3743. See Ohio Code 3743.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(1) The person has been issued a license or permit in the state of the person’s residence that authorizes the person to engage in the manufacture, wholesale sale, or retail sale of fireworks in that state or that authorizes the person to conduct fireworks exhibitions in that state and that person presents a certified copy of the license.
(2) If the person does not possess a license or permit described in division (A)(1) of this section, the person presents a current, valid motor vehicle operator’s license issued to the person in the person’s state of residence.
(3) If the person does not possess a license or permit issued in that state as described in division (A)(1) or (2) of this section, the person presents an identification card issued to the person by a governmental agency in the person’s state of residence indicating that the person is a resident of that state.
(B) If a person who is required to present a motor vehicle operator’s license or other identification card intends to transport the fireworks purchased directly out of this state by a motor vehicle and the person will not also be the operator of that motor vehicle while so transporting the fireworks, the operator of the motor vehicle also shall present the operator’s motor vehicle operator’s license.
Last updated December 9, 2021 at 4:15 PM