Fireworks crackdown

It is not in every industry that you can legally buy a product but cannot legally transport it back to your home. Welcome to the world of fireworks. Currently, residents of New York and New Jersey, two of 10 states that ban all types of consumer fireworks, have clear sailing in their mission to purchase whatever patriotic explosives they desire from neighboring Pennsylvania n -merchandise they otherwise cannot legally purchase, possess or even transport in their home states. A quick check of an out-of-state photo ID by a Pennsylvania fireworks store can bring a world of pyrotechnic possibilities. But from there on out, it is a game of cat and mouse, as those who do not hold special permits try to make it back home. And the cat was on the offense more than ever this past Fourth of July season. Keystone and Phantom Fireworks sit a stone’s throw away from the Interstate Highway 84 exit at the New York and New Jersey border in Westfall, and this year, so did the New York State Police. Senior Investigator Brian Meier reported 21 incidents in which 42 people were arrested for the transportation of fireworks back into New York. The State Police confiscated about $20,000 worth of assorted products, all of which originated from the two new fireworks superstores in Westfall. Statewide, the operation confiscated over 200,000 pounds of illegal fireworks. Local Pennsylvania authorities were notified of the exercise known as “Operation Firecracker,” and did not play an active role. “We’ll never know how many lives will be saved and how many serious injuries will not occur this Fourth of July thanks to the State Police and its interdiction of these fireworks,” said Mindy A. Bockstein, chairperson and executive director of the New York State Consumer Protection Board. New Jersey State Police also took part in the crackdown. In the northern region of the state, there were 19 arrests, and 5,000 pounds of fireworks were confiscated. Sgt. Jeanna Hengemuhle said stores began to tip off their customers of the police presence. Officers witnessed customers leave the store and eventually turn back around to return everything in fear of being arrested. Others attempted to craftily evade the authorities, only to be arrested further down the road. However, Hengemuhle said it is not all about the arrests. “It is more about educating the public.” For example, prior to the holiday, variable message signs were placed around New Jersey warning of the dangers and illegality of fireworks. “It is very dangerous; we see what can happen with fireworks,” Hengemuhle said. She added that more than half of the fireworks injuries are suffered by people 15 and under. “If we prevent one injury, then it is worth it,” she added. On the other hand, William Weimer, vice president of Phantom Fireworks, said the state police “should have better things to do.” Weimer said the issue is with the legislature. “The time for New York and New Jersey to modify their rules on fireworks is long overdue,” he said. “I certainly don’t advocate using fireworks in midtown Manhattan, but they ought to come up with a reasonable set of regulations.” Fireworks injuries are on a downward trend and consumption is just the opposite, making it a very unique industry, Weimer said. Noting several reports by the Consumer Product Safety Commission (CPSC), Weimer commented that from 1992 to 2006, injuries have decreased by about 25 percent to 9,200 last year. In the same period, American consumption of fireworks more than tripled, from 87.1 million pounds to 278.2 million pounds, according to the International Trade and Tariff Commission. Weimer said in 1995, the last year when state by state data was released by the CPSC, 29 percent of hospitals reporting injuries came from states that do not permit fireworks, accounting for 41 percent of all injuries reported. “People love fireworks, and, unfortunately, where fireworks are illegal, as history has shown us, people will find them. And where they can’t get the legal products they’re going to get the bootleg products that are dangerous.” Conceding that the majority of Phantom customers come from New York and New Jersey, Weimer commented, “We rely on the good faith of our customers to use the products legally and appropriately in whatever state they take them to.” All five of Phantom’s Pennsylvania locations are situated within on mile of the border of states which prohibit fireworks. Weimer says that Phantom complies with all applicable Pennsylvania law, which does not require the company to verify the permits of out-of-state residents. The same law prohibits Pennsylvanians from buying many types of fireworks, causing Phantom to restrict entry to their stores to only those Pennsylvania residents with signed permits. Weimer said sales have declined because of the crackdown on illegal fireworks, which also brought Phantom and the New Jersey State Police to the Federal District Court in Philadelphia last week. Phantom filed a motion for a restraining order against the state police when they found out that troopers were operating in Pennsylvania — even within their showrooms — investigating and eventually arresting customers who illegally transported the fireworks back into New Jersey. “I view that as an intrusive thing; They are interfering with legal business activity in Pennsylvania,” Weimer said. A consent order was given, which required the state police to stay 50 feet away from Phantom locations. Phantom did not pursue the same motion with the New York State Police. Investigator Meier, unable to divulge any detail, commented that New York State Police investigations did not require troopers to enter Phantom property. The 2004 Pennsylvania Act 204 that permits businesses like Phantom and Keystone to sell fireworks otherwise banned in Pennsylvania to out-of-state residents has come under question by state legislators in both Pennsylvania and New Jersey. On June 18, the New Jersey Senate passed SR78 which requests the Pennsylvania legislature and governor to repeal the act. Pa. Representative John Galloway of Bucks County is preparing legislation that would do just that. Galloway describes the current scenario as a double standard and “not a good neighbor policy.” Whether or not legislation sees a vote before next Fourth of July, the State Police said they remain committed to cracking down on illegal fireworks with operations of the same or larger scale next year. So if you are granted entry to these stores without authorized permits, beware n law enforcement affirms that the real danger will begin even before you light the fuse.