California Laws Against Illegal Fireworks

Health and Safety Code 12500-12728 HS

California’s fireworks laws are numerous and complex.¹ But there are a few simple rules you can abide by to help ensure that you are not prosecuted for

• illegally selling fireworks, or for



• possessing illegal fireworks.

Should you nevertheless find yourself facing criminal charges, we’re here to help. As former cops and prosecutors, we have invaluable knowledge about California’s criminal justice system that allows us to provide the most comprehensive defenses available.

Below, our California criminal defense attorneys² address:

1. The Difference between Illegal "Dangerous"
    Fireworks and Legal "Safe and Sane"
    Fireworks

2. Possessing Illegal Fireworks

3. Selling or Manufacturing Illegal Fireworks

4. Legal Defenses

5. Penalties, Punishment, and Sentencing

6. Related Offenses

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on California Firearm Laws; Penal Code 12020 PC "Explosive Substances"; Penal Code 12303 PC "Destructive Devices or Explosives"; Penal Code 452 PC "Reckless Burning"; and California Legal Defenses.

1. The Difference between Illegal "Dangerous"
    Fireworks and Legal "Safe and Sane" Fireworks

The term "fireworks" means "any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment.

Fireworks include (but are not limited to), devices designated by the manufacturer as

1. fireworks,



2. torpedoes,



3. skyrockets,



4. roman candles,



5. rockets,



6. daygo bombs,



7. sparklers,



8. party poppers,



9. paper caps,



10. chasers,



11. fountains,



12. smoke sparks,



13. aerial bombs, and



14. fireworks kits.

‘Fireworks kits’ means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and, when so assembled, would come within the definition of fireworks."³

"Dangerous" and "exempt" fireworks

California Health and Safety Code 12505 HS outlines a comprehensive list of "dangerous" fireworks. Simply put, dangerous fireworks are illegal, unless you hold a "special display license".⁴ Some "dangerous" fireworks include (but are not limited to):

1. fireworks that contain arsenic sulfide or arsenites, most chlorates, magnesium, most phosphorous, zirconium, or many other chemicals,



2. firecrackers, skyrockets, rockets, and sparklers larger than ten inches in length or one-quarter inch in diameter, and



3. any other fireworks that the State Fire Marshall has declared "unsafe for use by any person not specifically qualified or trained in the use of fireworks".⁵

"Exempt" fireworks are fireworks that the State Fire Marshall has determined to be limited to

1. industrial use,



2. commercial use,



3. agricultural use, or



4. religious ceremonies.

This class of fireworks requires a special permit for possession or use.⁶

Safe and sane fireworks

"Safe and sane" fireworks are any fireworks that haven’t been classified as "dangerous" or "exempt".⁷ These fireworks typically comply with California’s fireworks laws.

However, "safe and sane" fireworks may only be sold at a "fixed place of business"⁸ by persons holding retail sales licenses from 12pm on June 28th until 12pm July 6th each year except where local ordinances are more restrictive.⁹

The exceptions to this rule are "party poppers" and "snap caps", which are in a category of their own. These items may be sold year round.

All "safe and sane" fireworks must display a "State of California, State Fire Marshall Registered Fireworks" seal. If they do not, they are illegal fireworks.

And with respect to using "safe and sane" fireworks, the best advice is to contact your neighborhood fire department to inquire about any local restrictions. When and where you can use legal fireworks is up to your local jurisdiction.

2. Possessing Illegal Fireworks

Simply put, it is illegal for anyone to possess dangerous fireworks who doesn’t hold a valid permit to do so.¹⁰

California fireworks laws also prohibit willfully placing, discharging, or igniting dangerous fireworks at or near any person or group with the intent to create chaos, fear, or panic.¹¹ This law doesn’t apply to

1. people licensed to use (and who are using) "special effects" fireworks, or



2. people who hold fireworks licenses (which usually applies to the entertainment industry, amusement parks, etc).¹²

Possessing (and using) "safe and sane" fireworks is typically okay. However, if you cause damage or injury, prosecutors could charge you with violating other laws, such as Penal Code 242 PC California’s battery law or Penal Code 452 PC California’s reckless burning law.

3. Selling or Manufacturing Illegal Fireworks

Selling, transferring, or giving dangerous fireworks to anyone who doesn’t hold a valid permit to receive, use, or transport them is illegal.¹³ Similarly, it is illegal to sell, transfer, or give any "special effects" fireworks to anyone who isn’t a licensed pyrotechnic operator.¹⁴

California fireworks laws also ban advertisements to sell or transfer any kind of fireworks by anyone who does not hold a valid license or permit to do so.¹⁵ And importing, selling, or advertising any fireworks that haven’t been approved by the California State Fire Marshall are also unlawful.¹⁶

Regarding minors

Selling, giving, or delivering any dangerous fireworks by any person to a person under 18 (that is, a "minor") is illegal. Similarly, it is illegal for any person who is a retailer to sell or transfer to a minor any rocket or similar device.

It is also illegal for a retailer to sell "safe and sane" fireworks to any person under 16 years old.¹⁷

As far as personal possession goes, minors are not permitted to possess "safe and sane" fireworks without the written consent or physical presence of a parent.¹⁸ This means that as long as parents purchase the "safe and sane" fireworks for their children, minors may use them as long as they abide by the above conditions.

Finally, parents are responsible for any injuries or damage that their children cause.

4. Legal Defenses

The circumstances of your case will determine what types of legal defenses your California criminal defense lawyer will present on your behalf.

As Ventura criminal defense attorney Darrell York¹⁹ explains, "Generally speaking, the best defense is to try to challenge the claim that you possessed, sold, transferred, etc. the illegal fireworks. If you didn’t have control over the fireworks, you aren’t the one who allegedly violated California’s fireworks laws."

However, there are a number of other legal defenses that may apply as well. Examples include (but are not limited to):

1. mistaken identity (you were not the one who was involved in the illegal fireworks transaction or activity),



2. the fireworks were discovered pursuant to an illegal search and seizure (perhaps the police didn’t have a valid California search warrant)²⁰,



3. you held a valid license authorizing the prohibited activity, or



4. you had a good faith belief that the minor to whom you sold fireworks was an adult.

5. Penalties, Punishment, and Sentencing

Violating California’s fireworks laws may lead to a seizure of the fireworks²¹ as well as misdemeanor charges. If convicted, you face

1. up to one year in a county jail, and



2. between $500 and $1,000 in fines.

However, if you are convicted of possessing dangerous fireworks, you face

1. 16 months or two or three years in the California state prison, and



2. fines that range from $1,000 to $50,000, depending on the weight of the fireworks in your possession.²²

These penalties relating to possessing dangerous fireworks do not apply to people who hold valid licenses or permits who are operating within the scope of those permits/licenses.²³ However they do apply to anyone who sells, gives, or delivers any dangerous fireworks to a minor.²⁴

And…unlike many other laws…you commit a separate violation of California’s fireworks laws each day that you commit, continue, or permit a violation.²⁵

Commercial drivers

If you are a commercial driver who is convicted of transporting at least 10,000 pounds of dangerous fireworks, you will lose your right to operate a commercial motor vehicle for three years.

This penalty does not apply to drivers who are acting within the scope of a valid fireworks license or permit.²⁶

6. Related Offenses

None of these California fireworks laws apply to

1. firearms, defined under California’s firearm laws,



2. Penal Code 12020 PC "explosive substances", or



3. Penal Code 12303 PC "destructive devices or explosives".²⁷

However, if while you are using fireworks, you cause a fire, prosecutors could charge you with violating Penal Code 452 PC California’s "reckless burning" law or, perhaps even Penal Code 451 PC, California’s arson law, depending on the circumstances.

And when the circumstances permit, your California defense attorney may be able to persuade the prosecutor to reduce the charge pursuant to a plea bargain. Offenses like Penal Code 415 PC California’s disturbing the peace law or Penal Code 602 PC California’s trespass law are charges that carry lesser sentences.²⁸

Call us for help…

For more information about California’s fireworks laws, or to discuss your case confidentially with one of our attorneys, please don’t hesitate to contact us at Shouse Law Group.

Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada’s fireworks laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.²⁹

Legal References:

¹California Health and Safety Code 12500-12728 HS (a comprehensive list of California’s fireworks laws).

²Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

³California Health and Safety Code sections 12511 HS -- Fireworks; defined, and HS 12512 -- Fireworks kit; defined

⁴California Health and Safety Code 12576 HS -- Public display license (general). ("A public display license (general) allows the holding and conducting of public displays of dangerous fireworks at various locations and at various times.")

⁵California Health and Safety Code 12505 HS -- Dangerous fireworks.

⁶California Health and Safety Code 508 HS -- Exempt fireworks.

⁷California Health and Safety Code 12529 HS -- Safe and sane fireworks (which are those permitted under California’s fireworks laws).

⁸California Health and Safety Code 12529 HS -- Safe and sane fireworks; sale; place of business. ("It is unlawful for any person to sell or transfer any safe and sane fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit has been issued.")

⁹California Health and Safety Code 12599 HS -- Safe and sane fireworks; time of sale. ("A retail license shall authorize a retail sale of safe and sane fireworks within this state only during the period of 12 noon on the 28th of June through 12 noon on the 6th of July of the same calendar year and such license shall expire at the end of such period. No retail license shall be issued for the license period defined in this section unless the application for such license is received by the State Fire Marshal on or before June 15 preceding the license period. A new retail sales license shall be required annually for the period specified in this section.")

See also California Health and Safety Code 12672 HS -- Safe and sane fireworks; time of sale. ("It is unlawful for any person to sell, or offer for sale, safe and sane fireworks at any time outside of the period specified in Section 12599.")

See also California Health and Safety Code 12574 HS -- Retail sales license. ("A retail sales license allows the retail sale of safe and sane fireworks for private use.")

¹⁰California Health and Safety Code 12677 HS -- Possession of dangerous fireworks without a permit.

¹¹California Health and Safety Code 12680 HS -- Discharge of fireworks where likelihood of injury to other person. ("(a) Except as provided in subdivision (b) or (c), it is unlawful for any person to place, throw, discharge or ignite, or fire dangerous fireworks at or near any person or group of persons where there is a likelihood of injury to that person or group of persons or when the person willfully places, throws, discharges, ignites, or fires the fireworks with the intent of creating chaos, fear, or panic. (b) Subdivision (a) does not apply to a person described in Section 12517 who uses special effects. For purposes of this subdivision, "special effects" means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television, theater, or motion picture productions, which may or may not be presented before live audiences, and any other articles containing any pyrotechnic composition used for commercial, industrial, educational, recreational, or entertainment purposes when authorized by the authority having jurisdiction. (c) Subdivision (a) does not apply to a person holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570).")

¹²See same.

¹³California Health and Safety Code 12676 HS -- Dangerous fireworks; sale or transfer to one not a permittee. ("It is unlawful for any person to sell, transfer, give, deliver, or otherwise convey title of any dangerous fireworks, including fireworks kits, to any person in this state who does not possess and present to the seller or donor for inspection at the time of transfer, a valid permit to receive, use, or transport dangerous fireworks as provided in this part.")

¹⁴California Health and Safety Code 12687 HS -- Special effects fireworks (which are permitted under California’s fireworks laws, as long as the operators are licensed).

¹⁵California Health and Safety Code 12688 HS -- Advertising to sell or transfer fireworks.

¹⁶California Health and Safety Code 12560 -- Classification; necessity. ("The State Fire Marshal shall classify all fireworks and pyrotechnic devices in accordance with the provisions of this chapter. No fireworks or pyrotechnic devices shall be imported, sold, or offered for sale prior to the examination and classification by the State Fire Marshal.")

¹⁷California Health and Safety Code 12689 HS -- Sale or delivery to minors; exceptions. ("(a) It is unlawful for any person to sell, give, or deliver any dangerous fireworks to any person under 18 years of age. (b) It is unlawful for any person who is a retailer to sell or transfer any safe and sane fireworks to a person who is under 16 years of age. (c) Except as otherwise provided in subdivision (d), it is unlawful for any person who is a retailer to sell or transfer to a person under the age of 18 any rocket, rocket propelled projectile launcher, or similar device containing any explosive or incendiary material whether or not the device is designed for emergency or distance signaling purposes. It is also unlawful for a minor to possess such a device unless he or she has the written permission of, or is accompanied by, his or her parent or guardian while it is in his or her possession. (d) Model rocket products including model rockets, launch systems, and model rocket motors designed, sold, and used for the purpose of propelling recoverable model rockets may be sold or transferred pursuant to regulations, adopted by the State Fire Marshal which the Fire Marshal determines are reasonably necessary to carry out the requirements of this part.")

¹⁸See same.

¹⁹Ventura criminal defense attorney Darrell York uses his former experience as a Glendale Police Officer to represent clients accused of violating California’s fireworks laws at the Ventura Hall of Justice, the Van Nuys courthouse, the Pasadena courthouse, the Burbank courthouse, the Glendale courthouse, the Lancaster courthouse, the San Fernando courthouse, and the Criminal Courts Building. Please contact us at Shouse Law Group to schedule a free consultation.

²⁰Before the police can legally arrest you for violating California’s fireworks laws, they must have probable cause to stop you (that is, a reasonable belief that you are or were engaged in criminal activity), a valid California search warrant authorizing them to search your person/property (the scope of which must be strictly adhered to), or your consent to conduct a search of your person/property. If the cops fail to meet this criteria, your California criminal defense lawyer will argue that the weapon was discovered and confiscated during an illegal search and seizure in violation of your Fourth Amendment constitutional rights.

²¹California Health and Safety Code 12721 HS -- Seizure. ("The State Fire Marshal, his or her salaried deputies, or any chief of a fire department, or his or her authorized representatives, any fire protection agency, or any other public agency authorized by statute to enforce the State Fire Marshal's regulations, may seize any fireworks described in this part. The State Fire Marshal, any chief of a fire department, any fire protection agency, or any other public agency authorized to enforce the State Fire Marshal's regulations may charge any person, firm, or corporation, whose fireworks are seized pursuant to this section, an amount which is sufficient to cover the cost of transporting, storing, and handling the seized fireworks. When the State Fire Marshal, other enforcing officer or agency described in this section, or a court determines that a person's, firm's, or corporation's fireworks are illegally or erroneously seized, or if legal proceedings do not result in a conviction for violation of any provision of this part, any funds collected pursuant to this section shall be refunded, or if charged but unpaid, canceled.")

²²California Health and Safety Code 12700 HS -- Offenses; punishment for violating California’s fireworks laws. ("(a) Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations 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) or more than one thousand dollars ($1,000), or by imprisonment in the county jail for not exceeding one year, or by both that 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 ($1,000), 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 ($1,000) or by imprisonment in a county jail not exceeding one year or by both that fine and imprisonment. (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 a 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 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 five thousand dollars ($5,000) 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. (c) Subdivision (b) shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.")

²³See same, subdivision "c".

²⁴California Health and Safety Code 12702 HS -- Sale or delivery of dangerous fireworks to persons under 18 years of age; dangerous fireworks having total net weight of 7,500 grains or more; penalties. ("Notwithstanding the provisions of Section 12700: (a) A 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. (b) Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of five thousand dollars ($5,000), or by imprisonment in a 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.")

²⁵California Health and Safety Code 12701 HS -- Separate offense for each day of violation. ("A person is guilty of a separate offense for each day during which he or she commits, continues, or permits a violation of this part, or any order or regulation issued pursuant to this part [referring to California’s fireworks laws].")

²⁶California Health and Safety Code 12703 HS -- Temporary suspension of commercial motor vehicle license for transportation of certain dangerous fireworks. ("(a) The State Fire Marshal shall, in conjunction with the Department of Motor Vehicles, develop regulations and procedures to temporarily suspend the commercial motor vehicle license of a person who is operating a commercial motor vehicle while transporting unaltered dangerous fireworks, as defined in Section 12505, having a gross weight, including packaging, of 10,000 pounds or more. (b) A driver of a commercial motor vehicle shall not operate a commercial motor vehicle for three years if the driver is convicted of transporting unaltered dangerous fireworks, as defined in Section 12505, having a gross weight, including packaging, of 10,000 pounds or more, as described in Section 15301 of the Vehicle Code. (c) This section shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.")

²⁷California Health and Safety Code 12540 HS -- Application of provisions. ("The provisions of this part shall not apply to any of the following: (a) Explosives regulated under Part 1 (commencing with Section 12000) of Division 11. (b) Arms and handguns defined as firearms by the Federal Gun Control Act of 1968 [FN1] as well as such devices and weapons classified under Section 12020 or 12301 of the Penal Code, including blank cartridge pistols of the type used at sporting events or theatrical productions…")

²⁸Penal Code 602 PC California’s trespass law prohibits entering another person’s property without permission. Penal Code 415 PC California’s "disturbing the peace" law prohibits, among other things, fighting another person in public. Both offenses may be charged as infractions or misdemeanors and carry no mandatory fines or period of incarceration.

²⁹Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Daria A. Snadowsky for any questions relating to Nevada’s fireworks laws. Their Nevada law offices are located in Reno and Las Vegas.

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