Heck v. Commissioners of Canyon County

JOHNSON, Justice.

This case concerns the authority of a county to regulate the sale of fireworks. We conclude that the Idaho State Fireworks Law, I.C. §§ 39-2605 through 39-2630, (the fireworks law) preempts the authority of counties to regulate the retail sale of “safe and sane” fireworks. We also conclude that there is a genuine issue *827of material fact concerning the reasonableness of requirements for a permit to wholesale fireworks.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

Dennis and Christine Heck (the Hecks) sold fireworks for nearly twenty years at a location adjacent to an interstate highway…