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By Jesse Jones, The Paper. — As Burqueños prepare to celebrate the nation’s semiquincentennial — the United States’ 250th birthday — they’ll have to navigate Albuquerque’s rules on what fireworks can legally be set off in their neighborhoods. Recent wildfires across New Mexico and within city limits may have firefighters on alert, but city fire officials admit they lack the manpower, resources, and legal tools needed to enforce the local ban fully. Under the Duke City’s current fireworks ordinance, all aerial devices and ground-audible fireworks — including Roman candles, bottle rockets and firecrackers — are illegal. Residents may only use ground-based fireworks carrying a “CAUTION” label, such as cone fountains, ground spinners and sparklers. All fireworks are also prohibited in the Bosque, city parks and Open Space areas.
Last year, Albuquerque Fire Rescue Chief Emily Jaramillo said any fireworks you see in tents in the city are regulated by city fire inspectors and are permitted for use. During the holiday weekend in 2024, AFR responded to 140 outside fires and four structure fires linked to fireworks activity. Despite those numbers, many illegal fireworks continue to go unchecked because residents can legally purchase them outside city limits. AFR spokesperson Jason Fejer told City Desk state lawmakers have not taken action to ban the devices, and he said the city lacks the civil penalties needed to support a drone program aimed at tracking violations. “Unfortunately there just isn’t much to the current ordinance nor is there sufficient manpower to be able to be an effective deterrence or use of resources to try and impact the use of fireworks within the city limits when illegal fireworks are readily available in the state,” he said.
Instead of immediate citations, the city relies on an enforcement system of mailed notices sent after the fact. Anyone caught using illegal fireworks will get a Cease and Desist Order mailed to the property owner or resident. The notice means a fire or police officer saw the violation. Under city rules, officials send the warning by mail and can pursue legal action only if a second violation happens at the same address. Fejer said this summer’s fireworks patrols will look the same as last year, when Fireworks Education Units patrolled the Bosque, foothills and other open space areas from July 3–5 between 8 p.m. and midnight, focusing on illegal fireworks and other suspicious activity. Four Albuquerque Police Department teams also assisted the Fire Marshal’s Office and stood ready to respond alongside enforcement crews as needed. He said crews may start their patrols earlier depending on environmental conditions.
Fejer said those seeking policy change should look to state legislators, the State Fire Marshal and city councilors. A review of recent legislative data shows fire safety advocates have pushed for changes, but similar proposals have repeatedly stalled in Santa Fe even as the state, Bernalillo County and other municipalities adopt burn and fireworks bans during severe drought conditions. Lawmakers have introduced measures at the Roundhouse to expand local enforcement powers, including Senate Bill 196, which would have allowed broader local bans based on environmental conditions, and House Bill 155, a bipartisan bill that would have tightened licensing rules and increased fines for safety violations. Both bills died in committee, leaving the state’s fireworks laws unchanged. A City Council spokesperson confirmed there are no emergency local updates currently in the works ahead of the holiday, but that may change as temperatures continue to rise.
Violating the rules remains a misdemeanor offense that carries a mandatory court appearance, a fine of up to $500 and up to 90 days in jail. In Bernalillo County outside city limits, using illegal fireworks can result in a fine of up to $1,000, up to one year in jail or both. Residents can report dangerous or illegal fireworks activity online, through the ABQ311 mobile app or by calling 311.