Judge orders return of $500K fireworks bundle
On the eve of Independence Day, a Las Vegas judge ordered 200,000 pounds of fireworks returned to the owner, who must haul the explosives out of Clark County.
Michael Paglia, 61, was charged with a misdemeanor fireworks violation last month after Clark County authorities seized the pyrotechnics as contraband in the Cal-nev-ari area about 70 miles south of Las Vegas.
His lawyer, Richard Schonfeld, argued Wednesday
before Las Vegas Justice of the Peace Joe Sciscento that the $500,000 worth of property was taken through an illegally executed warrant and said the fireworks would be moved out of the county if they were returned.
“It is absolutely unfair; there is no purpose to it,” Schonfeld said. “This makes absolutely no sense.”
The judge ruled that Paglia could have the fireworks transported out of Clark County to a tribal area while prosecutors continue to pursue the misdemeanor
charge. The transportation must be approved by Clark County fire officials, Sciscento ordered.
“I want the fireworks out of our county,” Sciscento said in delivering his decision.
Schonfeld said the collection would be taken to a tribal area within the state, where Paglia had an agreement for a sale.
“The urgency is that they get there for July 4,” the attorney said.
Chief Deputy District Attorney Jessica Walsh called Paglia’s collection “the Amazon warehouse of
fireworks” full of prohibited explosives including cherry bombs, M-80s and M-60s, bottle rockets, Roman candles and others that “shoot into the air and present aerial display.”
Walsh said Paglia, who told authorities he was a wholesaler of the fireworks purchased from China and had done so for eight years, had not obtained proper permits.
“The bulk of the over 200,000 pounds of fireworks (the) defendant was storing in this case are not safe and sane, and rather are found on Clark County’s excluded ‘dangerous firework’ list,” Walsh wrote in court papers.
But Schonfeld argued that authorities continuing to hold the fireworks
through the holiday amounted to “interference of commerce.” He said that, if returned, the fireworks would be stored on tribal land.
“These fireworks are safe,” Schonfeld argued, adding that Paglia’s consumer fireworks were temporarily stored legally. “There is absolutely no basis to continue with detention of this property.”
Sciscento said the seizure was “obviously a financial burden on the defendant” and pointed out that the fireworks had cleared U.S. Customs.
Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Follow @randompoker on Twitter.