There’s been a considerable amount of confusion regarding a recent legal analysis my office prepared at the request of a state lawmaker. As a result, there are several points I would like to clarify.
- In Idaho, the Office of the Attorney General is required by law to respond to requests for legal analysis from legislators. The letter containing the analysis was sent to the lawmaker June 21. It was made public by the Boise Fire Department Tuesday, June 27.
- The analysis is simply a legal opinion on Idaho’s existing fireworks laws. It does not change any laws. It is not a ban, a ruling, a decision or a directive.
- My office does not enforce Idaho’s fireworks laws. Enforcement is handled by county sheriffs, prosecutors, and city police departments.
- Some law enforcement agencies may agree with the analysis and change their enforcement policies. Others may ignore it. I encourage these entities to review it and consult with their respective attorneys on how they should proceed.
- I encourage consumers and fireworks retailers to contact their local police agencies to stay apprised of any changes in enforcement policies.