California "Illegal Fireworks" Laws
Health and Safety Code 12500-12728 HS

California fireworks laws divide fireworks into two categories: "dangerous fireworks" and "safe and sane" fireworks.1

"Dangerous" fireworks are always illegal unless you hold a special display license. These are typically issued only to pyrotechnic operators who put on Fourth of July and other holiday displays.2

"Safe and sane" fireworks may be sold, purchased, and used by the general public, but only within very strict parameters. Only licensed retailers can sell "safe and sane" fireworks, and they can only do so from June 28 to July 6 each year.3

In addition, it is illegal to sell or give dangerous fireworks to anyone under eighteen (18). (This is the crime of furnishing dangerous fireworks to a minor.) It is also illegal to sell or give "safe and sane" fireworks to anyone under sixteen (16).4

Fireworks_superimposed_on_US_flag
Even legal "safe and sane" fireworks can only be sold in California for a few days around the 4th of July.

Examples

Here are some examples of people who might face charges for violating California illegal fireworks laws:

  • A man obtains some dangerous fireworks from a friend who holds a display license for these sorts of fireworks and has extras he wants to give away.
  • A store owner has some some "safe and sane" fireworks left in her inventory after Fourth of July, so she sells them a few days before New Year's Eve to people who want to use them for that holiday.
  • A party store employee sells a 14-year-old boy some "safe and sane" fireworks to use on the Fourth of July.

Penalties

Most violations of California's fireworks laws are misdemeanors. The penalties include up to one (1) year in county jail and/or a fine of up to one thousand dollars ($1,000).

However, if you possess large quantities of dangerous fireworks, prosecutors could charge you with a California felony, punishable by up to three (3) years in the California state prison and fines as high as fifty thousand dollars ($50,000).5

Defenses

There are a number of California legal defenses that are available to fight your illegal fireworks charges.  Some of these include

  • you are not the person who possessed or had control over the fireworks,
  • the police discovered and seized the fireworks in violation of California's search and seizure laws,
  • you hold a permit or license to engage in the prohibited activity, and/or
  • you reasonably believed that you were involved in a legal transaction with an adult, not a minor.

In this article, our California criminal defense attorneys explain California's fireworks laws by addressing the following:

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

1. What is the Difference between Illegal "Dangerous" Fireworks and Legal "Safe and Sane" Fireworks in California?

California fireworks laws divide all fireworks into "dangerous" fireworks and "safe and sane fireworks."

Drawing-of-different-kinds-of-fireworks
California fireworks laws have separate rules for "dangerous fireworks" and "safe and sane" fireworks."

California Health and Safety Code 12511 PC defines "fireworks" generally as "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."6

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

  • fireworks,
  • torpedoes,
  • skyrockets,
  • roman candles,
  • rockets,
  • daygo bombs,
  • sparklers,
  • party poppers,
  • paper caps,
  • chasers,
  • fountains,
  • smoke sparks,
  • aerial bombs, and
  • fireworks kits.7

The term 'fireworks kits' is defined under California Health and Safety Code 12512 and refers to "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."8

1.1. What is the definition of "dangerous" and "exempt" fireworks?

California Health and Safety Code 12505 HS outlines a comprehensive list of "dangerous" fireworks.  Simply put, dangerous fireworks are always illegal, unless you hold a "special display license".9 Examples of "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 Marshal has declared "unsafe for use by any person not specifically qualified or trained in the use of fireworks".10
Fireworks-exploding-in-sky
So-called "dangerous fireworks" may only be sold or possessed by people with California fireworks licenses.

"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.11

1.2. What is the definition of "safe and sane" fireworks?

California Health and Safety Code 12529 HS defines "safe and sane" fireworks as any fireworks that haven't been classified as "dangerous" or "exempt".12 These fireworks typically comply with California's fireworks laws.

However, California Health and Safety Code 12599 states that even "safe and sane" fireworks may only be sold by at a "fixed place of business"13 by persons holding retail sales licenses from 12pm (noon) on June 28 until 12pm (noon) July 6 each year--except where local ordinances are more restrictive.14

The exceptions to this rule are "party poppers" and "snap caps", which are in a category of their own.  Under California fireworks laws, 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 in California.

And with respect to using "safe and sane" fireworks without committing a California fireworks crime, the best advice is to contact your local fire department (like the Los Angeles Fire Department or the San Bernardino Fire Department) to inquire about any local restrictions.  When and where you can use legal fireworks is up to your local jurisdiction.

Sign-advertising-fireworks-for-sale
Different California fire departments have different rules about "safe and sane" fireworks.

2. What are the Major California Fireworks Laws?

Below is a list of California's fireworks laws.

  • California Health and Safety Code 12670 - Advertising that you are in the "fireworks business" without being licensed to do so.15
  • California Health and Safety Code 12671 - Engaging in any activity with fireworks that have not been classified and registered by the State Fire Marshal.16
  • California Health and Safety Code 12672 - Selling or offering to sell fireworks outside of the allowed time period (12pm on June 28th until 12pm July 6th) (discussed below in Section 2.4).17
  • California Health and Safety Code 12673 - Illegally storing fireworks.18
  • California Health and Safety Code 12674 - Storing fireworks once your license has expired or been revoked or surrendered.19
  • California Health and Safety Code 12675 - Failing to record license number on fireworks sales or shipments.20
  • California Health and Safety Code 12676 - Giving, delivering or selling dangerous fireworks to someone without a permit (discussed below in Section 2.2).21
  • California Health and Safety Code 12677 - Possessing dangerous fireworks without a permit (discussed below in Section 2.1).22
  • California Health and Safety Code 12678 - Discharging agricultural or wildlife fireworks without a permit.23
  • California Health and Safety Code 12679 - Storing, selling or discharging fireworks too close to a gas station or other area where flammable liquids are stored or dispensed.24
  • California Health and Safety Code 12680 - Discharging fireworks where they are likely to harm another person or where you intend to cause chaos, fear or panic.25
  • California Health and Safety Code 12681 - Selling safe and sane fireworks anywhere other than a fixed, licensed place of business.26
  • California Health and Safety Code 12682 - Allowing a "fire nuisance" (that is, any anything which causes or tends to cause an increase of fire danger) to exist in a place where fireworks are sold, manufactured, assembled, packaged, stored or distributed.27
  • California Health and Safety Code 12683 - Selling, using or discharging an "emergency signaling device" (that is, a "flare") that has not been registered with the State Fire Marshal.28
  • California Health and Safety Code 12684 - Using an emergency signaling device (a "flare") in an unintended manner.29
  • California Health and Safety Code 12685 - Conducting a public display of fireworks without a permit.30
  • California Health and Safety Code 12686 - Using special effects fireworks (that is, those that are manufactured, designed, assembled or used in connection with TV, movies or theater) without a pyrotechnic license.31
  • California Health and Safety Code 12687 - Selling, giving, transferring or delivering special effects fireworks to anyone who doesn't hold a pyrotechnic license.32
  • California Health and Safety Code 12688 - Advertising to sell or transfer fireworks without a license or permit to do so.33
  • California Health and Safety Code 12689 - Selling or delivering fireworks to minors (discussed below in Section 2.3).34
  • California Health and Safety Code 12690 - Operating with an expired license.35

2.1 What is the California crime of HS 12677 possessing illegal fireworks?

Simply put, it is illegal under California Health and Safety Code 12677 HS for anyone to possess dangerous fireworks who doesn't hold a valid permit to do so.36

Possessing (and using) "safe and sane" fireworks is typically okay under California fireworks laws.  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.

2.2. What is the California crime of HS 12676 selling or transferring illegal (dangerous) fireworks?

Under Health and Safety Code 12676 HS, selling, transferring, or giving dangerous fireworks to anyone who doesn't hold a valid permit to receive, use, or transport them is illegal.37 Similarly, it is illegal to sell, transfer, or give any "special effects" fireworks to anyone who isn't a licensed pyrotechnic operator.38

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.39 And importing, selling, or advertising any fireworks that haven't been approved by the California State Fire Marshall are also unlawful.40

2.3. What is the California crime of furnishing fireworks to a minor?

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

Little-girl-lighting-firecracker
Furnishing dangerous fireworks to a minor is another way to violate California's fireworks laws.

It is also illegal for a retailer to sell even "safe and sane" fireworks to any person under 16 years old.41

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.42 This means that as long as parents purchase the "safe and sane" fireworks for their children, minors may use them without violating California "illegal fireworks" laws, as long as they abide by the above conditions.

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

2.4. What is the California crime of HS 12672 selling "safe and sane" fireworks outside the authorized time period?

You can even violate California's fireworks laws with respect to "safe and sane" fireworks. Health & Safety Code 12672 HS makes it a crime to sell, or offer for sale, such fireworks anytime outside of the authorized time period.

The authorized time period for selling "safe and sane" fireworks begins at 12pm (noon) on June 28 and ends at 12pm (noon) on July 6, every year.43

2.5. What is the crime of HS 12680 discharging dangerous fireworks where injury to another person is likely?

Under California Health & Safety Code 12680 HS, it is a crime to discharge or ignite dangerous fireworks near a other people where there is a likelihood of injury to someone, or willfully with the intent of creating chaos, fear or panic.

HS 12680 does not apply to a person in the entertainment industry using special effects, or a person with a fireworks license (which usually applies to the entertainment industry, amusement parks, etc).44

3.How Can I Fight California Illegal Fireworks Charges?

The circumstances of your case will determine what types of legal defenses your California criminal defense lawyer will present on your behalf to fight illegal fireworks charges.

Rolls-of-firecrackers
Certain common legal defenses are frequently useful in fighting California illegal fireworks charges.

As Ventura criminal defense attorney Nicole Valera45 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 to California illegal fireworks charges 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 in violation of California's search and seizure laws (perhaps the police didn't have a valid California search warrant),46
  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.

4. What are the Penalties for California Illegal Fireworks?

Generally speaking, the consequences of violating any of California's fireworks laws will include a seizure of the fireworks47 and California misdemeanor charges.  The penalties for a California illegal fireworks conviction will usually include:

  1. up to one year in a county jail, and
  2. between $500 and $1,000 in fines (and a minimum of $1,000 for a second or subsequent conviction).

4.1. Possessing a large quantity of dangerous fireworks

However, if you are convicted of possessing a large quantity of illegal dangerous fireworks (for any reason), your penalties increase.

If you possess 25 to 100 pounds of dangerous fireworks in California, you face a misdemeanor punishable by $1,000 to $5,000 in fines and up to one year in a county jail.

Possessing 101 to 5,000 pounds of dangerous fireworks is a wobbler in California. A "wobbler" is a charge that prosecutors may file as either a misdemeanor or a felony, depending on

  1. the facts of the case, and
  2. your criminal history.

If convicted of possession of large quantities of dangerous fireworks as a misdemeanor, you face up to one year in a county jail and a $5,000 to $10,000 fine.  The penalties for felony dangerous fireworks possession include the same fine and 16 months or two or three years in the California state prison.

Possessing more than 5,000 pounds of illegal fireworks is also a wobbler.  If convicted of the misdemeanor fireworks offense, you face up to one year in a county jail and a $10,000 to $50,000 fine.  If convicted of the felony dangerous fireworks offense, you face the same fine and 16 months or two or three years in the state prison.48

Burnt-firecracker
Possessing dangerous fireworks can be a felony in California if sufficient quantities are involved.

These illegal fireworks penalties all apply to anyone who sells, gives, or delivers any dangerous fireworks to a minor...and, in fact, a second or subsequent violation will result in an additional $5,000 fine and up to another year in jail.49

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.50

However, these penalties for California illegal fireworks do not apply to people who hold valid licenses or permits who are operating within the scope of those permits/licenses.51

But if you are operating outside the scope of your permit/license, and are convicted of selling illegal fireworks, the State Fire Marshal will revoke your permit or license.52

4.2. 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.53

5. California Illegal Fireworks and Related Offenses

None of these California fireworks laws apply to

  1. firearms, defined under California's firearm laws,
  2. Penal Code 16590 PC "explosive substances",
  3. Penal Code 18710 PC "destructive devices or explosives", or
  4. Penal Code 18720 PC "possession of materials to make a destructive device" (which makes it a crime to possess materials that can be used to make an explosive or bomb, with the actual intent to make such a device).54

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 good candidates for plea bargains, as is the misdemeanor crime of Penal Code 272 PC creating a public nuisance.55

Call us for help...

criminal-defense-firm-call-center

If you or loved one is charged with Health and Safety Code 12500-12728 HS California illegal fireworks and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone.

We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

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.56

You may also find helpful information in our related articles on Furnishing Dangerous Fireworks to a Minor; Misdemeanors; California Felonies; California Legal Defenses; California Firearm Laws; Penal Code 16590 PC "Explosive Substances"; Penal Code 12303 PC "Destructive Devices or Explosives"; Penal Code 452 PC "Reckless Burning"; Penal Code 242 PC Battery; Furnishing Dangerous Fireworks to Minors; Wobblers; California's Search and Seizure Laws; and California Search Warrants.


Legal References:

  1. California Health and Safety Code 12505 HS -- Dangerous fireworks; California Health and Safety Code 12529 HS -- Safe and sane fireworks.  (""Safe and sane fireworks" means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks."")  Safe and sane fireworks are the only fireworks that are legal under California's fireworks laws.
  2. California Health and Safety Code 12677 HS -- Possession of dangerous fireworks without a permit. ("It is unlawful for any person to possess dangerous fireworks without holding a valid permit.")

    See also California 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.")

  3. California 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.")

  4. California 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.")
  5. California 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.").
  6. California Health and Safety Code 12511 - Fireworks, defined.
  7. See same.
  8. California Health and Safety Code section 12512 -- Fireworks kit; defined.
  9. California 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.")
  10. California Health and Safety Code 12505 HS -- Dangerous fireworks.
  11. California Health and Safety Code 12508 HS -- Exempt fireworks.
  12. California Health and Safety Code 12529 HS -- Safe and sane fireworks, endnote 1 above.
  13. California 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.")
  14. California Health and Safety Code 12599 HS -- Safe and sane fireworks; time of sale, endnote 3 above.

    See also California Health and Safety Code 12672 HS -- Safe and sane fireworks; time of sale, endnote 3 above.

    See also California Health and Safety Code 12574 HS -- Retail sales license, endnote 3 above.

  15. California Health and Safety Code 12670. Advertising involving fireworks or pyrotechnic devices.  
  16. California Health and Safety Code 12671. Unclassified and unregistered fireworks.  
  17. alifornia Health and Safety Code 12672 HS -- Safe and sane fireworks; time of sale, endnote 3 above.
  18. California Health and Safety Code 12673. Storage of fireworks.  
  19. California Health and Safety Code 12674. Revoked or surrendered licenses; storage or possession of fireworks.  
  20. California Health and Safety Code 12675. Failure to record license number on sales and shipments.  
  21. California Health and Safety Code 12676. Dangerous fireworks; sale or transfer to one not a permittee.  
  22. California Health and Safety Code 12677. Possession of dangerous fireworks without a permit.  ("It is unlawful for any person to possess dangerous fireworks without holding a valid permit.")
  23. California Health and Safety Code 12678. Use or discharge of agricultural and wildlife fireworks without a permit.  
  24. California Health and Safety Code 12679. Storage, sale or discharge of fireworks near flammable liquids.  
  25. California Health and Safety Code 12680. 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).")
  26. California Health and Safety Code 12681. Safe and sane fireworks; sale; place of business.  
  27. California Health and Safety Code 12682. Fire nuisance [California fireworks law].  

    See also California Health and Safety Code 12510. Fire nuisance. 

  28. California Health and Safety Code 12683. Unregistered emergency signaling device; sale or use [California fireworks law].  

    See also California Health and Safety Code 12506. Emergency signaling device [California fireworks law].  

  29. California Health and Safety Code 12684. Use of emergency signaling devices [California fireworks law].  
  30. California Health and Safety Code 12685. Public display; permit required [California fireworks law].  
  31. California Health and Safety Code 12686. Special effects fireworks; use [California fireworks law].  

    See also California Health and Safety Code 12532. Special effects [California fireworks law].  

  32. California Health and Safety Code 12687. Special effects fireworks; sale or transfer [California fireworks law].  
  33. California Health and Safety Code 12688. Advertising to sell or transfer fireworks [California fireworks law].  
  34. California Health and Safety Code 12689. Sale or delivery to minors; exceptions, endnote 4 above.
  35. California Health and Safety Code 12690. Expired license or permit [California fireworks law].   
  36. California Health and Safety Code 12677 HS -- Possession of dangerous fireworks without a permit.
  37. California 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.")
  38. California Health and Safety Code 12687 HS -- Special effects fireworks (which are permitted under California's fireworks laws, as long as the operators are licensed).
  39. California Health and Safety Code 12688 HS -- Advertising to sell or transfer fireworks [California fireworks law].
  40. California Health and Safety Code 12560 -- Classification; necessity [California fireworks law].  
  41. California Health and Safety Code 12689 HS -- Sale or delivery to minors; exceptions, endnote 4 above.
  42. Same.
  43. California Health and Safety Code 12599 HS -- Safe and sane fireworks; time of sale, endnote 3 above.

    See also California Health and Safety Code 12672 HS -- Safe and sane fireworks; time of sale, endnote 3 above.

    See also California Health and Safety Code 12574 HS -- Retail sales license, endnote 3 above.

  44. California 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).")
  45. Ventura criminal defense attorney Nicole Valera represents 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.  
  46. Before 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.
  47. California Health and Safety Code 12721 HS -- Seizure [of illegal fireworks].  ("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.")
  48. California Health and Safety Code 12700 HS -- Offenses; punishment for violating California's fireworks laws, endnote 5 above.
  49. California 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.")
  50. California Health and Safety Code 12701 HS -- Separate offense for each day of violation [of California fireworks laws].  ("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].")
  51. See California Health and Safety Code 12700 HS -- Offenses; punishment for violating California's fireworks laws, subdivision "c", endnote 5, above.
  52. California Health and Safety Code 12590 -- Revocation or denial [of California fireworks license]; grounds, subdivision (b).  ("The State Fire Marshal may deny or revoke any license issued pursuant to this part if the State Fire Marshal finds any of the following conditions has occurred: (a) The licensee has failed to pay the annual renewal license fee provided in this chapter. (b) The licensee or license applicant has violated any provisions of this part or any regulations adopted by the State Fire Marshal pursuant to this part. (c) The licensee or license applicant has created or caused a fire nuisance. (d) The licensee has failed to keep full, complete, and accurate records or failed to file any required reports. (e) Any fact or condition exists which, if it had existed at the time of the original application for the license reasonably would have warranted the State Fire Marshal in refusing originally to issue the license. (f) The permit issued under Section 12640 has been rescinded or revoked by the issuing authority. (g) Any licensee or license applicant has refused to make available to the State Fire Marshal full, complete, and accurate records.")
  53. California 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.")
  54. California Health and Safety Code 12540 HS -- Application of provisions [of California fireworks laws] 
  55. Penal 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. Penal Code 272 PC makes it a crime to create or maintain a nuisance that affects a large number of people and carries only misdemeanor penalties. These are all related crimes to California illegal fireworks crimes.
  56. Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Neil Shouse for any questions relating to Nevada's fireworks laws. Their Nevada law offices are located in Reno and Las Vegas.

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