AG's Office clarifies timing of fireworks law interpretation

AG's Office clarifies timing of fireworks opinion

BOISE - When it comes to illegal fireworks in Idaho, there's been a lot of confusion about what can and can't be sold at the stands ever since the attorney general's opinion was released earlier this week.

We wanted to know why this opinion was released just one week before the Fourth of July, and what it means for law enforcement

As it stood Thursday, sheriffs and county prosecutors in each of Idaho's 44 counties must decide whether or how to make firework sellers comply.

Already, enforcement isn't uniform.

Elmore County Sheriff Mike Hollinshead says he plans on enforcing the interpretation right away with fines - and possibly jail time.

Both Canyon and Ada County sheriffs' offices say their legal teams are still considering the opinion.

Some agencies are frustrated with the timing of this opinion because the Fourth of July is so close.

RELATED: AG's Office: Aerial fireworks now illegal to buy in Idaho

Rep. Matt Erpelding, who first tried to get a bill passed during the legislative session and failed, requested a clarification on Idaho's firework law back in April with a "no rush" disclaimer, according to Scott Graff, a spokesperson for the AG.

Graff says the analysis was then issued to Erpelding on June 21.

“That analysis is a stipulation of attorney client privilege, and in this case the lawmaker was the client. So in this type of situation what the client does with an opinion once it's out of our hands is completely up to them, but once this leaves our office it only goes to the client that requested it,” says Graff.

The Boise Fire Department issued a news release on Tuesday with the AG's opinion, which included praise from Fire Chief Dennis Doan.

We reached out to Rep. Erpelding for a comment, but he is out of the country and unavailable.

As a reminder, even though some fireworks stands are selling illegal fireworks, you're not legally allowed to light them anywhere in the state.
 

© 2017 KTVB-TV


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