Chap. 102.—An ACT to prohibit, with certain exceptions, the sale, the offering and
exposing for sale, and the use of, fireworks during the period defined in this act,
to provide for the issuance of permits for the use of fireworks, under certain
conditions, and to prescribe penalties. [H B 188]

Approved March 3, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. Except as hereinafter otherwise provided, it shall be
unlawful for any person, firm or corporation to sell, offer for sale, expose
for sale, or to buy, use, ignite or explode any firecracker, torpedo, sky-
rocket, Roman candle, or other substance or thing, of whatever form or
construction, containing nitrates, chlorates, oxalates, sulphides of lead,
barium, antimony, nitro-glycerine, phosphorus or any other explosive or
inflammable compound or substance, and intended, or commonly known,
as fireworks, so long as a state of war exists between the United States
and any foreign power.

Section 2. The governing bodies of the several counties, cities and
towns shall have the power to provide for the issuance of permits, upon
application in writing, for the display of fireworks by fair associations,
amusement parks, or by any organization or group of individuals, under
such terms and conditions as they may prescribe. After such permit has
been issued sales of fireworks may be made for use under such permit, and
the association, organization or group to which it is issued may make use
of such fireworks under the terms and conditions of such permit.

Section 3 (a) Any person who violates any provision of this
cus. 102, 103, 104] ACTS OF ASSEMBLY 123

act, except as provided in subsection (b), is guilty of a misdemeanor
and, upon conviction thereof, shall be punished accordingly.

(b) Any person who makes use of any firework or other thing
or substance described in section one, with intent to signal, direct or
otherwise aid the armed forces of any foreign power at war with the
United States, shall be guilty of a felony and, upon conviction thereof,
shall be punished by confinement in the penitentiary for not less than one
nor more than ten years, or fined not less than one hundred dollars
($100.00) nor more than five thousand dollars ($5,000.00).

Section 4. This act shall have no application to any officer or
member of the armed forces of this State, or of the United States, while
acting within the scope of his authority and duties as such, nor to any
offer of sale or sale of fireworks to any authorized agent of such armed
forces; nor shall it be applicable to the sale or use of materials or equip-
ment, otherwise prohibited by this act, when such material or equipment
is used or to be used by any person in the operation of any boat, railroad
train, or other vehicle for the transportation of persons or property for
signalling or other emergency use.