Wyoming Fireworks Laws (2026): The County Opt-In System

Wyoming's statewide default is a full ban on selling, using, or discharging fireworks. A county becomes eligible to allow sale only through a countywide election, and the same election process runs both directions: a currently-banning county can vote to authorize sale, and a currently-authorizing county can vote to ban it. Fireworks are separately banned in every Wyoming state park, campground, and historic site, opted-in county or not.

Jurisdiction scope: This article addresses Wyoming's state fireworks law under Wyo. Stat. §§ 35-10-201 to 35-10-208, covering the statewide default ban, the county-election opt-in and opt-out mechanism, the display-permit track, statewide exceptions, the separate state-parks ban under § 36-8-104, and penalties. It does not address the specific sale or use dates a given opted-in county has adopted locally, since those vary by county and are set at the county level rather than by state statute.

The Default Rule: A Statewide Ban

Wyoming starts from prohibition, not allowance:

"Except as hereinafter provided, it is unlawful for any person to offer or expose for sale, sell, at either wholesale or retail, give away, use, discharge or detonate any fireworks in the state of Wyoming."

Wyo. Stat. § 35-10-202

This makes Wyoming's baseline meaningfully different from most other states: fireworks are illegal everywhere in Wyoming by default, and a county must take affirmative action, through the election process below, before that changes.

How a County Authorizes, or Bans, Fireworks Sale

Wyoming's local-option mechanism runs through an election, and it works in both directions:

"... (a) A board of county commissioners may, subject to subsection (b) of this section: (i) Prohibit the sale to Wyoming residents or use of fireworks by adopting a resolution under W.S. 35-9-301; (ii) Promulgate reasonable rules and regulations for authorizing the sale of fireworks. (b) Notwithstanding subsection (a) of this section, the proposition to prohibit, or authorize in counties that currently prohibit, the sale or use of fireworks in a county shall be submitted to the electors of the county upon receipt by the board of county commissioners of a petition requesting the election signed by a number of the electors of the county equal to fifteen percent (15%) of the total number of votes cast at the general election immediately preceding the date on which the petition is submitted, or by resolution of the board of county commissioners. The proposition shall be submitted at a primary or general election, if the petition or resolution is certified sixty (60) days prior to the primary or general election. If the proposition fails, no such petition shall be submitted for four (4) years following the election."

Wyo. Stat. § 35-10-208(a)-(b)

Subsection (a) opens with its own federal-standard definition of "fireworks" for purposes of this section specifically (the same 15 U.S.C. 1261, 21 U.S.C. 371, and 16 C.F.R. Part 1507 standard covered below), before setting out what a county commission may do. The (a)(i) prohibition power is exercised specifically by adopting a resolution under W.S. 35-9-301, titled "Closing area upon recommendation of county fire warden": on the county fire warden's recommendation, the board of county commissioners may close or limit public use of an area it deems an extreme fire danger. The fireworks statute borrows that fire-danger area-closure resolution mechanism, rather than a general county-resolution power, as the vehicle for a county's fireworks-sale prohibition.

The referendum requirement runs both ways: it applies to a county currently banning fireworks that wants to authorize sale, and equally to a county currently authorizing sale that wants to ban it. Either a citizen petition meeting the 15% threshold or the county commissioners' own resolution can trigger the vote, and the proposition goes on a primary or general election ballot at least 60 days after certification. A failed proposition locks out a repeat petition on the same question for four years.

A separate grandfather clause protects older county bans from needing to go through this process:

"Any resolution adopted by a county prohibiting the sale or use of fireworks which was in effect on February 1, 1990, is deemed to be valid unless amended or repealed by the board of county commissioners pursuant to subsection (b) of this section."

Wyo. Stat. § 35-10-208(c)

Once an authorizing county commission has cleared this process, it may promulgate its own reasonable rules and regulations for the sale of fireworks, including whatever sale dates, hours, or additional conditions that county chooses. Those county-specific rules are set locally and are not specified by the state statute itself; confirm the current rule directly with the specific county before assuming a statewide date applies.

What Qualifies as "Fireworks"

Wyoming ties its definition to federal law rather than writing its own device list:

"'Fireworks' means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including any item which may be sold or offered for sale under 15 U.S.C. § 1261, 21 U.S.C. § 371 and 16 C.F.R., Commercial Practices, part 1507."

Wyo. Stat. § 35-10-201(a)

Section 35-10-208(a) sets its own narrower definition for that section specifically: "fireworks" there means ONLY those items sellable under the same federal standard, rather than 35-10-201(a)'s broader definition, which reaches any combustion/explosion/deflagration/detonation device INCLUDING that federal-sellable category. Practically, a county that opts in is authorizing sale of the federal CPSC "fireworks" category, not a separately defined Wyoming device list.

Display Permits and Municipal Regulation

Separate from the county election system, any governing body, county commissioners outside city limits or a city or town council within them, may issue permits for supervised public displays anywhere in Wyoming, opted-in or not:

"Any governing body shall have the power to grant permits, within the area under its jurisdiction, for supervised public displays of fireworks by individuals, municipalities, amusement parks and other organizations and groups, and to adopt reasonable rules and regulations for the granting of such permits. Every such display shall be handled by a competent operator and shall be of such character and so located, discharged and fired as not to be hazardous to property or endanger any person."

Wyo. Stat. § 35-10-203(a)

Permits are not transferable or assignable, under section 35-10-203(b). Separately, a city or town may impose further regulations or prohibitions on the sale, use, and possession of fireworks within its own limits, but it may never authorize what the state chapter itself forbids:

"This act shall not be construed to prohibit the imposition by municipal ordinance of further regulations or prohibitions upon the sale, use and possession of fireworks within the corporate limits of any city or town... but no such city or town shall permit or authorize the sale, use or possession of any fireworks in violation of this act."

Wyo. Stat. § 35-10-205

Statewide Exceptions

A handful of narrow exceptions apply regardless of a county's opt-in status: selling or delivering fireworks to a permit-holding municipality, association, amusement park, or organization, or to the Wyoming State Fair or a county fair's directors; using fireworks under a valid permit or as part of a supervised state or county fair display; selling fireworks that are shipped directly out of state by commercial motor vehicle; using an article, device, or substance for a purpose other than display, exhibition, amusement, or entertainment, such as mining or danger signals; and using blank cartridges for theatrical or ceremonial purposes or in organized athletic or sporting events, under section 35-10-204.

Fireworks Are Banned in State Parks and Historic Sites, Separately

Outside Title 35, a separate statute bans fireworks use in Wyoming's outdoor public spaces regardless of a county's opt-in status:

"The use of firearms, fireworks, explosives and weapons of all kinds is prohibited in all state parks, campgrounds, recreational grounds, historic landmarks or historic sites providing, however, that... a supervised public fireworks display may be held in a state park that is not subject to an open fire ban if the fireworks operator has obtained both a special use permit from the superintendent of the park, pursuant to department rules and regulations, and a permit for the display pursuant to W.S. 35-10-203."

Wyo. Stat. § 36-8-104

That means a lawful county opt-in does not make fireworks legal to use inside a state park, campground, or historic site within that county; the only path there is a supervised display holding both permits named above.

No Statewide Age Minimum

Wyoming's fireworks chapter, sections 35-10-201 through 35-10-208, sets no statutory minimum purchase or possession age. A county that has opted in to authorize sale may set its own age rule as part of its local sale regulations under section 35-10-208(a)(ii); that would be a county rule, not a state statutory floor, so confirm the current age requirement directly with the specific county or retailer.

Penalties

Violating any provision of the fireworks chapter is a single misdemeanor offense, regardless of whether the underlying county has opted in:

"Any person violating any provision of W.S. 35-10-201 through 35-10-208 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), or by imprisonment not exceeding sixty (60) days, or by both such fine and imprisonment."

Wyo. Stat. § 35-10-207

The chapter contains no fireworks-specific enhancement for a repeat offense. Separately, Wyoming peace officers must seize any fireworks held in violation of the chapter and apply to the appropriate court for their disposition; following a hearing confirming the violation, a circuit or district court orders the fireworks destroyed or otherwise disposed of, under section 35-10-206.

Federal Law on Transporting Fireworks Across State Lines

Federal law sets the floor: 16 CFR 1500.17 and Part 1507 define which consumer devices may be sold at all; 27 CFR 555.141(a)(7) exempts the importation, distribution and storage of consumer fireworks from ATF licensing (manufacture is not exempt); 18 U.S.C. 836 makes it a federal offense, punishable by up to one year, to transport fireworks into any state whose law specifically prohibits or regulates their use, in violation of that law, except in the course of continuous interstate transportation, with exceptions for common or contract carriers, water carriers, and transport for the use of federal agencies; and USPS Publication 52 § 341.22 bars fireworks from the mail entirely. Because Wyoming's default is a full ban that only lifts county by county, someone who buys fireworks in a neighboring state and brings them into a Wyoming county that has not opted in risks violating both Wyoming's own statute and this federal transport law at once.

Fireworks Laws in Nearby States

For the broader regional picture, see Utah's fireworks laws and Idaho's fireworks laws, two neighboring states worth checking before crossing a state line with fireworks bought elsewhere. For how Wyoming's rule compares with every other state, see the fireworks laws by state comparison. For Wyoming's separate open-container rules, see Wyoming open container laws.

Disclaimer: This article provides general legal information about fireworks laws in Wyoming as of September 2026. It is not legal advice. Fireworks statutes, county opt-in status, local sale and use rules, and penalties change. Verify the current rule for your specific county before buying, selling, or using fireworks, and consult a lawyer licensed in Wyoming for advice about a specific situation.

Statutes cited reflect their in-force version as of 2026-09-17. Last updated: 2026-09-17.