Home/Indiana Supreme Court/State v. Windy City Fireworks, Inc.

State v. Windy City Fireworks, Inc.

608 N.E.2d 699, 1993 Ind. LEXIS 16, 1993 WL 20224
CourtIndiana Supreme Court
DecidedFebruary 3, 1993
DocketNo. 25S03-9302-CR-200
StatusPublished
Cited by18 cases

This text of 608 N.E.2d 699 (State v. Windy City Fireworks, Inc.) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Windy City Fireworks, Inc., 608 N.E.2d 699, 1993 Ind. LEXIS 16, 1993 WL 20224 (Ind. 1993).

Opinion

PER CURIAM.

Seven years ago, in a unanimous decision, this Court held that retail fireworks dealers could not avoid prosecution for selling illegal fireworks, simply by asking purchasers to sign a statement to the effect that they were nonresidents who were going to immediately ship the illegal fireworks out of state. Hill v. State (1986), Ind., 488 N.E.2d 709.

The General Assembly has since enacted modest amendments to the fireworks statute, Ind.Code Ann. § 22-11-14-1 to -10 (West 1991) without abandoning, in our judgment, its manifest desire to reduce the number of children and adults burned or injured by fireworks. The Court of Appeals reached the same conclusion, that the legislature has not opened any new loophole by its recent amendments. It held that "a retail sale of items not approved for retail sale in Indiana cannot be legitimized by the execution of a statement of intent to ship the prohibited items out of state." State v. Windy City Fireworks, Inc. (1992), Ind.App., 600 N.E.2d 555, 559. Windy City seeks transfer.

We grant Windy City's petition and adopt the opinion of the Court of Appeals. Ind. Appellate Rule 11(B)(8). Retail sale of illegal fireworks to the general public is not rendered legal by the routine use of written assurances.

SHEPARD, C.J., and DeBRULER, GIVAN and DICKSON, JJ., concur. KRAHULIK, J., dissents without opinion and would affirm the trial court.

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Cite This Page — Counsel Stack

Bluebook (online)
608 N.E.2d 699, 1993 Ind. LEXIS 16, 1993 WL 20224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-windy-city-fireworks-inc-ind-1993.