North Carolina HB 98: Right to Try Individualized Treatments.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 98

Short Title: Patriotism Expression Act. (Public)
Sponsors: Representatives Gable, Kidwell, Eddins, and Campbell (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
February 12, 2025
*H98-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PERMIT THE SALE, POSSESSION, AND USE OF CERTAIN CONSUMER 2
FIREWORKS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 14-410 reads as rewritten: 5
"§ 14-410. Manufacture, sale and use of pyrotechnics prohibited; exceptions; license 6
required; sale to persons under the age of 16 18 prohibited. 7
(a) Except as otherwise provided in this section, it shall be unlawful for any individual, 8
firm, partnership or corporation to manufacture, purchase, sell, deal in, transport, possess, 9
receive, advertise, use, handle, exhibit, or discharge any pyrotechnics of any description 10
whatsoever within the State of North Carolina. 11
... 12
(a5) It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured, 13
or discharged within the State for pyrotechnic or proximate audience display instruction 14
consisting of classroom and practical skills training approved by the Office of State Fire Marshal. 15
(a6) It shall be permissible for pyrotechnics that are consumer fireworks to be possessed, 16
advertised, sold, used, transported, handled, or discharged within the State, provided the 17
possession, advertising, sale, use, transportation, handling, or discharge complies with Part 2 of 18
Article 82A of Chapter 58 of the General Statutes. 19
(b) Notwithstanding the provisions of G.S. 14-414, it shall be unlawful for any 20
individual, firm, partnership, or corporation to sell consumer fireworks as defined in this section 21
or pyrotechnics as defined in G.S. 14-414(2), (3), (4)c., (5), or (6) to persons under the age of 22
16.18. 23
(c) The following definitions apply in this Article: 24
(1) Concert or public exhibition. – A fair, carnival, show of any description, or 25
public celebration. 26
(1a) Consumer fireworks. – Defined in G.S. 58-82A-80. 27
(2) Display operator. – An individual issued a display operator license under 28
G.S. 58-82A-3. 29
(3) State Fire Marshal. – Defined in G.S. 58-80-1." 30
SECTION 2. G.S. 14-414 reads as rewritten: 31
"§ 14-414. Pyrotechnics defined; exceptions. 32
For the proper construction of the provisions of this Article, "pyrotechnics," as is herein used, 33
shall be deemed to be and include any and all kinds of fireworks and explosives, which are used 34
for exhibitions or amusement purposes: provided, however, that nothing herein contained in this 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 98-First Edition
section shall prevent the manufacture, purchase, sale, transportation, and use of explosives or 1
signaling flares used in the course of ordinary business or industry, or shells or cartridges used 2
as ammunition in firearms. This Article shall not apply to the sale, use, or possession of the 3
following: 4
(1) Explosive caps designed to be fired in toy pistols, provided that the explosive 5
mixture of the explosive caps shall not exceed twenty-five hundredths (.25) of 6
a gram for each cap. 7
(2) Snake and glow worms composed of pressed pellets of a pyrotechnic mixture 8
that produce a large, snake-like ash when burning. 9
(3) Smoke devices consisting of a tube or sphere containing a pyrotechnic mixture 10
that produces white or colored smoke. 11
(4) Trick noisemakers which produce a small report designed to surprise the user 12
and which include: 13
a. A party popper, which is a small plastic or paper item containing not 14
in excess of 16 milligrams of explosive mixture. A string protruding 15
from the device is pulled to ignite the device, expelling paper 16
streamers and producing a small report. 17
b. A string popper, which is a small tube containing not in excess of 16 18
milligrams of explosive mixture with string protruding from both ends. 19
The strings are pulled to ignite the friction-sensitive mixture, 20
producing a small report. 21
c. A snapper or drop pop, which is a small, paper-wrapped item 22
containing no more than 16 milligrams of explosive mixture coated on 23
small bits of sand. When dropped, the device produces a small report. 24
(5) Wire sparklers consisting of wire or stick coated with nonexplosive 25
pyrotechnic mixture that produces a shower of sparks upon ignition. These 26
items must not exceed 100 grams of mixture per item. 27
(6) Other sparkling devices which emit showers of sparks and sometimes a 28
whistling or crackling effect when burning, do not detonate or explode, do not 29
spin, are hand-held or ground-based, cannot propel themselves through the 30
air, and contain not more than 75 grams of chemical compound per tube, or 31
not more than a total of 200 grams if multiple tubes a