State lawmakers will consider a measure to increase criminal penalties on illegal fireworks and to make it easier to prosecute those cases.
Attorney General Anne Lopez explained that there are two basic problems with the existing fireworks law. The first is the definition of fireworks and aerial devices, which requires an expert witness or forensic evidence to establish that a person was actually using aerial fireworks.
The second is that there isn’t an option for police to go after low-level offenders.
Gov. Josh Green is putting forward legislation that would address both of those issues. One of the provisions would allow police to issue $300 citations to low-level offenders.
This comes about two weeks after a fireworks explosion at an Oʻahu home on New Year's Eve killed four people and injured about 20 others.
Deputy Attorney General Tricia Nakamatsu explained citations don’t require officers to write reports, arrest people, and collect and submit evidence for testing.
“The infractions process would be greatly streamlined, allowing officers to get back on the road faster, addressing other calls while also holding accountable those who are setting off merely a single firework, or purchasing a single firework,” she said.
“Because we do believe that the problem goes all the way down to the end user and stamping out the demand for the product.”
The measure would categorize less than 25 pounds as a low-level offense, compared to the current weight increments, which have been hard to prove in court.
“Determining how many pounds somebody had becomes an issue,” Nakamatsu said.

“This bill will streamline some of that, so that instead of increments based on 25 pounds or less, or 25 pounds to 50 pounds, we're getting rid of most of those increments and having a separation of 25 pounds and up, or 25 pounds and below.”
The legislation would also increase the penalties for those who seriously injure or kill someone while using illegal fireworks to a Class B or A felony.
Green said he hopes it will make people think twice about taking the chance.
“That penalty and the sentencing could then be — well Class B I believe is 10 years and then a Class A felony, much more,” Green said at a Monday press conference.
“We're trying to put real teeth into this so there are absolute deterrents. The best thing for everyone would really just be to go to public firework shows and not do any aerials whatsoever, which are already illegal.”
The legislation would apply to those who are found using, possessing, selling and importing illegal fireworks. The new legislative session begins Wednesday.
The state Department of Law Enforcement collected over 1,300 pounds of fireworks from 121 homes at a fireworks amnesty event on Oʻahu on Saturday. The department is also asking for more resources to cut off illegal fireworks.
There will likely be more amnesty events later in the year.