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What is Law in California

LICENSE PERMITS

 

12670 - Advertise the sale of fireworks without a license

 

12685 - Conduct public fireworks display without a permit

 

12686 - Use special effects fireworks without a pyrotechnic license

 

12687 - Sell, give, transfer or deliver special effects fireworks without a pyrotechnic license

 

12688 - Advertise to sell any class of pyrotechnics without a license or permit

(Dangerous, Safe and Sane, Agricultural/ Wildlife, Model-rocket engines)

 

12690 - Perform or act with expired fireworks license or permit

 

SALE OF FIREWORKS

 

12675 - Failure to record on bill of lading or manifest required fireworks license numbers

 

12671 - Sell, offer for sale, possess, store, discharge, use, or transport fireworks not registered by the State Fire Marshal

 

STORAGE

 

12673 - Store fireworks without a permit

 

12674 - Store or possess fireworks which a fireworks license is required after license is revoked

 

12679 - Sell, use, store fireworks within 100 feet of where gasoline or other flammable liquids are stored or dispensed

 

12682 - Allow or permit a fire nuisance where fireworks are sold, manufactured, assembled, packages, discharged, stored, or distributed

 

DANGEROUS FIREWORKS

 

12676 - Sell, transfer, give or otherwise convey title of dangerous fireworks unless receiver has a valid permit

 

12677 - Posses dangerous fireworks with out a permit

 

12680 - Place, throw, ignite, or discharge dangerous fireworks at a person or crowd where injury can occur or creating chaos, fear, or panic

 

12689a - Sell, give or deliver dangerous fireworks to anyone under 18

 

EMERGENCY SIGNALING DEVICE

 

12683- Sell, use discharge an unregistered emergency signaling device

 

12684- Use emergency signal device for other than intended purpose

 

AGRICULTURAL AND WILDLIFE FIREWORKS

 

12678 - Use agricultural or wildlife fireworks without permit

 

SAFE AND SANE FIREWORKS

 

12672 - Sell Safe and Sane Fireworks other than from noon June 28 - noon July 6

 

12681 - Sell or transfer Safe and Sane Fireworks at other than fixed place of business

 

12689b - Sell, give or deliver Safe and Sane Fireworks to anyone under 16 years of age (Illegal)

 

HEALTH AND SAFETY CODE FIREWORKS

 

POSSESSION OF DANGEROUS FIREWORKS PENALTIES

 

12700 H&S (a) Except as provided in Section 12702 and subdivision (b), any person who violates any provision of this part, or any regulation issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand ($1,000) or by imprisonment in the county jail for not exceeding 1 year, or by both such fine and imprisonment.

 

(b) A person who violates any provision of this part or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:

 

(1) A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction a person shall be punished by a fine of not less than one thousand dollars ($1000) or by imprisonment in the county jail not exceeding one year or by both that fine and imprisonment. (1)

 

(2) A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in the county jail for not more than one year, or by fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), or by both that fine and imprisonment

 

(3) A person who possesses a gross weight, including packaging of not less than 100 pounds or more than 5000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in the state prison or the county jail for not more than one year or by a fine of not less than five thousand dollars ($5000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment

 

(4) A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in the state prison or the county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000), or by both that fine and imprisonment.

 

12702a H&S - Any person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700

 

12702b H&S - Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of five thousand dollars ($5000), or by imprisonment in the county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.

 

FIREWORKS ARE EXCLUDED FROM EXPLOSIVES LAW

 

12540 H&S - Items classified as FIREWORKS are generally excluded from explosives law. Exception: Large firecracker items such as; M -80, M -100, M -1000, Silver Salute, Brown Bomber, 1/4 stick, 1/2 stick, full stick, etc, are considered explosives. Not legal anywhere

in the U.S.

 

CALIFORNIA CODE OF REGULATIONS SEC. 980(F)(1)

 

The term "firecracker" means a device consisting of an explosive pyrotechnic in an amount not to exceed 50 milligrams (.772 grains) in weight in a fused container whose primary function is to produce an audible effect. All firecrackers are classified as "dangerous fireworks". Devices similar in construction to "firecrackers" which exceed .772 grains shall be considered as EXPLOSIVES in accordance with Health & Safety Code 12000, et seq.

 

OTHER APPLICABLE LAWS

 

12303 H&S - Possession of Explosives without valid permit

12305 H&S - Illegal Possession of Explosives

 

16460 PC - Destructive device defined

 

16510 PC - Explosive defined

 

18720-18780 PC - Destructive Device Violations 

 

452 PC - Reckless Burning

 

EXPLOSIVES- When explosives are modified, placed in a pipe or container, used for destruction of property, or to terrify or injure individuals, the charge falls under Penal Code 18720, destructive device. If caught and convicted there is a mandatory jail time - no probation may be granted for conviction.

 

(1) Violations for possession/use of less than 25 pounds may be handled as a violation of CA H&S Code 12700(b) 1 or in accordance with local administrative fine ordinance if adopted. Rev: 5/08

 

Download this California Law Summary.

View the full text of the law:

http://osfm.fire.ca.gov/strucfireengineer/pdf/fireworks/Violations.pdf

 

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