This article does not prohibit any of the following:(1) The use of fireworks by railroads or other transportation agencies for signaling purposes or illumination;(2) The use of agricultural and wildlife fireworks;(3) The sale or use of blank cartridges for a theatrical performance, use by military organizations or signal or ceremonial purposes in athletics or sports; or(4) The possession, sale or disposal of fireworks incidental to the public display of fireworks by wholesalers or other persons who have a permit to possess, store and sell explosives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the United States Department of Justice and the State Fire Marshal.
West Virginia Legal Code