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We purchased legal fireworks from a city approved dealer.

 

Customer Question

We purchased legal fireworks from a city approved dealer. The city changed their policy and banned all fireworks and we were not aware of this. A police office showed up and served us with a summons to appear in court. Not sure what to do next.

 

Optional Information:
Country relating to Question: United States
State (if USA): Colorado

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Submitted: 287 days and 23 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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Expert:  NateLawAnswers replied 287 days and 23 hours ago.

Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

What county or city are you in that has specifically banned possession of fireworks?

Customer replied 287 days and 23 hours ago.

Longmont Colorado

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Expert:  NateLawAnswers replied 287 days and 23 hours ago.

All I can see that has been banned are the USE of fireworks. Are you being cited for possession or use?

Customer replied 287 days and 23 hours ago.

I dont have the summons in front of me but I beleive use. Purchased them legally on 6/23, city changed policy on 6/29 we set them off on 6/30.

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Expert:  NateLawAnswers replied 287 days and 23 hours ago.

Okay. I just wanted to make sure. The information provided by the fire department appeared to only address use. That information is here

http://www.ci.longmont.co.us/fire/fire_safety/fireworks.htm

http://www.ci.longmont.co.us/fire/fire_safety/fireworks.htm

Hopefully you can explain to the judge that you did not know about the law change. That won't get you out of the citation, but it may help you get a lower fine. Since ignorance of the law is not an excuse or defense, you are going to end up paying something on that citation. The maximum fine would be $500.00.

Please remember to only rate my answer when you are 100% satisfied.  IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have.

I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces.  If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you.

Thank you,
Nate


Customer replied 287 days and 23 hours ago.

Thanks I have one last question and you have been a great help. I am not concerned with a fine but is there any chance of jail time?

Accepted Answer

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Expert:  NateLawAnswers replied 287 days and 23 hours ago.

Technically, up to 90 days. Unless you already have a lengthy criminal records, it is highly unlikely that there is going to be any jail time involved here.

If you have further questions, please feel free to continue. If not, please do remember to leave a positive rating for my assistance today.

Thanks!
Nate

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.4 %
Accepts: 5885
Answered: 7/3/2012

Experience: Over 8 years of legal practice.

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