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In Drought-Stricken Southwest, Legality Of Fireworks Varies

Revelers across the Southwest will be limited in their use of fireworks this Fourth of July. State and local governments have issued restrictions in response to the severe ongoing drought that has intensified the likelihood of fire.

In Arizona, 19 firefighters died this week battling a wildfire northwest of Phoenix. Wildfires in Colorado have destroyed hundreds of homes.

When it comes to hot and dry conditions, New Mexico is the worst in the country. More than 80 percent of the state is locked in extreme or exceptional drought, the two harshest categories according to the U.S. Drought Monitor.

As a result, more than half of New Mexico's 33 counties have issued some form of fireworks restrictions. New Mexico law prohibits a statewide ban of fireworks, something Governor Susana Martinez is actively trying to change.

In Arizona, non-aerial consumer fireworks became legal in 2010, although municipalities have the power to regulate usage within city limits -- and most have. Tucson, for example, bans all fireworks except for novelty items such as sparklers.

But the piecemeal approach leaves Arizona shoppers confused. It's legal to sell fireworks, even if it's illegal in certain areas to set them off.

It's a similar situation in Texas, where legislation signed just last month by Gov. Rick Perry legalizes the possession and transportation of fireworks within the state. But as KUT Austin reports,

In Travis County, this is the first year since 2008 without a burn ban on the Fourth of July. … The county, however, urged caution after a controlled burn went out of control yesterday and spread across at least 8 acres. And, while fireworks aren't banned, the county urges leaving fireworks up to professionals. Statewide, 107 of the 254 counties in Texas have issued burn bans — a considerable drop compared to this time last year when 189 counties had burn bans.

California has a unique approach to identifying state-legal fireworks: a "Safe and Sane" sticker placed on permissible items, generally those that don't fly or explode. As in other states, municipalities have the ability to enforce stricter laws about what is allowed.

But Cal Fire also enforces a zero-tolerance policy of what could be dubbed "unsafe and insane" fireworks. KCRA Sacramento reports more than 160,000 pounds of illegal fireworks have been seized in California so far this year. Former NBA star Gilbert Arenas was arrested in Los Angeles last week for having a truck full of illegal fireworks.

On Tuesday, Albuquerque Mayor Richard J. Berry echoed the sentiments of civic leaders across the Southwest when he urged citizens to attend public fireworks displays organized by the city.

"I hope folks realize that illegal fireworks just aren't worth the risk," he said. "Our entire city is a tinderbox waiting for one spark; creating an extremely dangerous situation for all of us."

Mónica Ortiz Uribe was a senior field correspondent for the Fronteras Desk from 2010 to 2016.