It is common knowledge in state Sen. Jason Rarick's cabin country legislative district: Take a pontoon boat out on Pokegama or Cross lakes on July 4th and the illegal private fireworks will rival any town display.
"They are here and they're being used," said Rarick, R-Brook Park. " ... It's not being enforced, so why not legalize it and let people enjoy it?"
Rarick has been making that argument around the Capitol for four years. But former Gov. Mark Dayton was firmly opposed, and the idea fizzled.
With Gov. Tim Walz in office, Rarick is hopeful 2020 will be the year Minnesota joins Wisconsin, Iowa and the Dakotas in allowing the sale of so-called "aerial and audible" fireworks.
Walz hasn't been focused on the issue, but he also hasn't ruled it out, according to spokesman Teddy Tschann.
"He is open to the idea and plans to discuss it further with folks who are excited about it as well as those with concerns, such as firefighters, law enforcement officials, and public health advocates," Tschann said in a statement.
Minnesota is surrounded by states that sell the big, loud ones — the shells, Roman candles and firecrackers.
A few years ago, Rarick stopped by a fireworks stand across the border in Danbury, Wis. He asked the staff how many of their goods were being sold to Minnesotans. The estimate was 75% to 80%.
The state is losing out on sales and business taxes, supporters of legalization say. Rarick estimates Minnesota would generate more than $6 million annually in tax revenue from fireworks sales.
For some, safety concerns outweigh the new revenue argument. Dayton vetoed a similar measure in 2012, saying that the state needs to protect citizens' safety and well-being. He said injuries have increased since the state legalized sparklers and fountains a decade before.
The types of fireworks that are illegal to buy or use in Minnesota, including firecrackers and bottle rockets, are responsible for the majority of fireworks-related injuries, according to a 2018 report from the U.S. Consumer Product Safety Commission. About 13% of reported injuries stemmed from items that are legal now — sparklers, fountains and novelty items like smoke bombs, the report found.
Rarick contends that the more dangerous types of fireworks are already being used here. And if the state legalizes them, fireworks companies would perform public safety announcements and education in Minnesota, he said.
The measure he introduced this year would allow cities to set their own restrictions and ban the sale or use of such fireworks in their borders. He said he also plans to add a time limit on when fireworks can be set off.
The proposal had at least some bipartisan support this year, with Sen. David Tomassoni, DFL-Chisholm, on board. In the Democrat-dominated House, however, the measure was sponsored by Minority Leader Kurt Daudt, R-Crown, and had only Republican cosponsors.
One key gatekeeper in the legislative process is on the fireworks bandwagon — Senate Public Safety and Judiciary Committee Chairman Warren Limmer, R-Maple Grove. Limmer said most people act responsibly, and he doesn't sense the change would be particularly dangerous.
"I've been making some observations over the years, and I sure see a lot of heavy-duty fireworks in and around my neighborhood," Limmer said. "It seems to be a pretty common tradition of people in Minnesota going to our neighboring states and picking up fireworks."
Jessie Van Berkel • 651-925-5044
