Not all fireworks sit under the same set of rules. The consumer fireworks sold at a roadside stand are treated differently in federal law than the large aerial shells and professional effects used in a commercial fireworks display. Anyone who wants to set off that second category for a living runs into a screening system with two separate layers: a federal explosives clearance that controls who may legally possess the material at all, and in many places a state or local licensing process that controls who may actually run the show. Employers that produce fireworks displays, and the venues and municipalities that hire them, need to understand both layers, because passing one does not automatically satisfy the other.
Display Fireworks Are Regulated as Explosive Materials
Federal explosives law does not reach every firework on the market. Under the definitions in 27 CFR 555.11, display fireworks are defined as large fireworks designed to produce a visible or audible effect through combustion, deflagration, or detonation, including aerial shells containing more than 40 grams of pyrotechnic composition and salutes containing more than 2 grains of explosive material. That definition puts display fireworks squarely inside the Bureau of Alcohol, Tobacco, Firearms and Explosives category of explosive materials, which is the same regulatory category that covers blasting agents and detonators used in construction and mining. Consumer fireworks, the smaller items sold to the public, fall outside that regulated category. A pyrotechnician who works with professional display shells, aerial salutes, and the electric or manual firing systems used to launch them is working with material federal law treats as an explosive, not as a consumer product.
That distinction matters for background screening because it determines which federal system applies. Anyone a company wants to authorize to possess display fireworks has to clear the same prohibited person screen that applies to dynamite, blasting caps, and other commercial explosives, not a lighter consumer product standard.
The Federal License, Permit, and Employee Clearance Process
A business or operator that wants to buy, store, transport, or use display fireworks generally has to hold a federal explosives license or permit, and the application process is where the background screening actually happens. Under 27 CFR 555.45, an applicant has to submit a photograph and fingerprints for each responsible person connected to the business, meaning the individuals with the power to direct its policies on explosives, along with identifying information for each one. The same section requires the applicant to list every employee it wants to authorize to possess display fireworks, submitting a separate ATF Form 5400.28, the Employee Possessor Questionnaire, for each one.
That per employee questionnaire is how the federal clearance actually works for pyrotechnic crew members who are not themselves the license or permit holder. Under 27 CFR 555.33, once a licensee or permittee submits the names and identifying information for the people it wants to authorize, the agency runs a background check against the prohibited person categories set out in federal law. If the person clears, the agency issues a letter of clearance confirming the determination. If the person is denied, the agency sends documentation explaining the basis and the appeal procedure, and a person pursuing that appeal has to submit two completed FBI fingerprint cards. A company also has an ongoing duty under this process, since it generally has to notify the agency within a short window after removing a previously authorized employee from the crew, rather than letting an outdated authorization sit on file.
Who Is a Prohibited Person Under Federal Explosives Law
The federal prohibited person categories for explosive materials come from 18 U.S.C. 842 and are restated in the distribution rule at 27 CFR 555.26. A person who falls into any of the following categories may not lawfully receive or possess display fireworks or other explosive materials that have moved in interstate commerce.
| Prohibited category | What it generally means |
|---|---|
| Age | Under twenty one years of age |
| Pending charge or felony conviction | Under indictment or information for, or convicted of, a crime punishable by imprisonment for more than one year |
| Fugitive from justice | An outstanding warrant or fugitive status in any jurisdiction |
| Unlawful drug use or addiction | Unlawful user of, or addicted to, a controlled substance as defined in federal drug law |
| Mental health adjudication | Adjudicated as a mental defective or committed to a mental institution |
| Immigration status | An alien who is not a lawful permanent resident and does not fall within a narrow set of lawful status exceptions |
| Dishonorable discharge | Discharged from the armed forces under dishonorable conditions |
| Renounced citizenship | A former United States citizen who has formally renounced citizenship |
These categories are federal minimums that apply to anyone a licensee or permittee wants to put on a firing crew with display fireworks. A state licensing board or a local permitting authority can add its own disqualifying conduct on top of this list, and because that extra layer varies by jurisdiction, the specific outcome for any one applicant depends on the state, the municipality, and the facts of the case rather than a single national rule.
State and Local Licensing Adds a Second Layer
Federal clearance answers whether a person may legally possess display fireworks at all. It does not answer a separate question that many states and municipalities ask before they will let a company set off a show in their jurisdiction, which is whether the operator in charge is competent, trained, and of good enough character to run it safely. States that regulate professional fireworks displays commonly layer their own permitting and screening on top of whatever the federal license or permit already covers.
Michigan is a useful, verified example of how that second layer is built. Under the Michigan Fireworks Safety Act, the state’s Bureau of Fire Services within the Department of Licensing and Regulatory Affairs issues display permits for fireworks other than consumer or low impact fireworks. (Michigan Department of Licensing and Regulatory Affairs, Bureau of Fire Services, Display Fireworks) The state’s own permit application instructs that the legislative body of the city, village, or township where the display will take place has to rule on the competency and qualifications of the operator before granting a permit, and may require an affidavit from the applicant covering the operator’s experience, any former pyrotechnic accidents, criminal record, and sobriety. (Michigan Department of Licensing and Regulatory Affairs, Bureau of Fire Services, Application for Fireworks Other Than Consumer or Low Impact Fireworks) That local review is a separate screen from the federal explosives possessor check, and it is built around the judgment of the local authority granting the permit rather than a single statewide fingerprint requirement.
Not every state builds its display permit process the same way, and some put the licensing and competency review at the state fire marshal level rather than the local legislative body. Where a particular state or municipality has not published a criminal history requirement for display operators, the accurate answer is that the rule varies by jurisdiction, and a company planning a show should check the specific requirements of the state fire marshal or local authority where the display will occur rather than assume a uniform national rule.
What Employers Can Still Screen For
Clearing the federal explosives possessor check and any state or local display permit does not replace a hiring employer’s own due diligence, and it does not replace an employer’s separate legal duties when it orders a consumer report to make a hiring decision. When a fireworks display company or venue uses a background screening company to check criminal history, driving records, or employment history on a pyrotechnic crew candidate, the standard employer duties under the Fair Credit Reporting Act still apply. These generally include a clear standalone disclosure separate from the job application, written authorization from the applicant, and if the employer is considering an adverse action based on the report, a pre adverse action notice with a copy of the report and a copy of the Summary of Rights before a final decision, followed by a proper adverse action notice if the employer proceeds. The content and process requirements for these notices sit in the Fair Credit Reporting Act’s implementing regulation. (Electronic Code of Federal Regulations, Title 12, Part 1022, Fair Credit Reporting, Regulation V) A background check does not show every record in every state, and the federal explosives clearance or a state display permit is not a substitute for that separate screening process, since each one is checking something different.
Employers may also want to screen for items the explosives and display permitting rules do not cover at all, such as a valid driver’s license and clean driving record for crew members who transport or drive near shell racks and firing lines, verification of any pyrotechnic safety training or certification the show calls for, and confirmation of work authorization. Because this work intersects with felony history, drug use, and mental health adjudication categories under federal explosives law, employers should apply any criminal history screening consistently, document the legitimate, job related reason for each screening step, and generally consult counsel on how state and local law in the specific jurisdiction treats criminal history in hiring decisions.
Frequently asked questions
Are all fireworks regulated as explosives under federal law?
No. Federal explosives regulations define display fireworks, large professional shells and salutes above a stated grain or gram threshold of pyrotechnic composition, as explosive materials. Smaller consumer fireworks sold to the public fall outside that definition and are not screened through the same federal explosives possessor process.
What makes someone a prohibited person under federal explosives law?
Federal rules bar a person who is under twenty one, has a pending felony charge or felony conviction, is a fugitive from justice, unlawfully uses or is addicted to a controlled substance, has certain mental health adjudications, has specific immigration status issues, was discharged from the armed forces under dishonorable conditions, or has renounced United States citizenship, among the categories set out in federal law and regulation.
What is the ATF Employee Possessor Questionnaire?
It is the form a federal explosives licensee or permittee submits for each employee it wants to authorize to possess display fireworks or other explosive materials. The employee’s identifying information is checked against the federal prohibited person categories, and the person cannot lawfully be authorized to handle the material unless the check clears.
Do states license pyrotechnic display operators separately from the federal check?
Many do, but the structure varies. Some states put competency and background review at the state fire marshal level, while others, such as Michigan, route the review through the local legislative body where the display takes place. Employers and operators should check the specific state and local requirements rather than assume a single national standard.
Can a past conviction stop someone from being a professional fireworks operator?
It can, depending on the offense, the federal prohibited person categories, and any additional state or local licensing standard. A felony conviction punishable by more than one year generally triggers the federal prohibition on possessing explosive materials, and a state or local permitting authority may apply its own separate review of an operator’s criminal record and character on top of that.
What should an employer still screen for beyond the federal and state checks?
Employers commonly add items the explosives and display permitting rules do not address directly, such as a current driving record for crew who transport materials, verification of pyrotechnic safety training, and standard FCRA compliant criminal history screening with proper disclosure, authorization, and adverse action notices.
Employers that need to verify criminal history, driving records, or employment background on pyrotechnic and fireworks display personnel beyond the federal and state licensing checks can learn more about compliant screening programs at Reveal Background. For related federal explosives licensing contexts, see our coverage of blaster license background checks and firearms dealer license background checks, which involve similar federal prohibited person categories.
This article is general information, not legal advice. Employers and licensing applicants should consult qualified counsel or their state fire marshal and local permitting authority for guidance specific to their situation.
