[§132D-5.2]  Sending or receiving fireworks or articles pyrotechnic by air delivery; prohibited.  (a)  A person commits the offense of sending or receiving fireworks or articles pyrotechnic by air delivery if the person intentionally, knowingly, or recklessly sends or receives any amount of aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks via any form of air delivery, including but not limited to any private courier, commercial carrier, or mail or postal services; provided that a person possessing a current explosives license issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be prosecuted under this section if the person sends or receives the consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic via any form of air delivery in compliance with federal law.

     (b)  Except as provided in subsections (c) and (d), the offense of sending or receiving fireworks or articles pyrotechnic by air delivery shall be a class C felony.

     (c)  The offense of sending or receiving fireworks or articles pyrotechnic by air delivery shall be a class B felony if:

     (1)  The person has been convicted one or more times for any offense under this chapter within ten years of the current offense; or

     (2)  The total weight of the aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks sent or received in the commission of the offense is five pounds or more but less than twenty-five pounds.

     (d)  The offense of sending or receiving fireworks or articles pyrotechnic by air delivery shall be a class A felony if the total weight of the aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks sent or received in the commission of the offense is twenty-five pounds or more. [L 2025, c 243, pt of §2]