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.

Dangerous fireworks are always illegal except for use by a licensed operator. Safe and sane fireworks can be sold by licensed retailers from June 28th to July 6th of each year, and can be used by the public but subject to certain limitations.

“Dangerous” fireworks include large items such as rockets and sparklers bigger than ten inches in length or one-quarter inch in diameter. ¹

“Safe and sane” fireworks include small items such as fountains, spinners, and snap caps. The Office of the California State Fire Marshal puts a list on its website of fireworks that meet this definition.

What fireworks are illegal in California?

Dangerous fireworks are always illegal in California except when used by someone with a special display license. These licenses are typically issued only to pyrotechnic operators who put on Fourth of July and other holiday displays.²

Fireworks that are legal in California

Subject to local restrictions, safe and sane fireworks may be sold, purchased, and used by the general public. But only licensed retailers can sell them and they can do so only from June 28 to July 6 each year.³

Is it legal to give fireworks to a minor in California?

It is illegal to sell or give dangerous fireworks to anyone under eighteen (18). It is also illegal to sell or give “safe and sane” fireworks to anyone under sixteen (16).⁴

Someone who does either of these things can be charged with the California misdemeanor crime of furnishing dangerous fireworks to a minor.

Examples of illegal fireworks use

Examples of uses that violate California’s illegal fireworks laws include:

• A man obtains some dangerous fireworks from a friend who holds a display license but has some extra skyrockets he wants to give away.
• A store owner has some “safe and sane” fireworks left in her inventory after Fourth of July, so she sells them for use on New Year’s Eve.
• A party store employee sells a 14-year-old boy some “safe and sane” fireworks to use on the Fourth of July.

Penalties for illegal fireworks in California

Most violations of California’s fireworks laws are misdemeanors. Penalties can include:

• Up to one (1) year in county jail, and/or
• A fine of up to one thousand dollars ($1,000).

But possession of large quantities of dangerous fireworks can be charged as a California felony. Punishment for a felony fireworks violation can include:

• Up to three (3) years in the California state prison, and
• Fines as high as fifty thousand dollars ($50,000).⁵

Legal defenses to California fireworks charges

California legal defenses to fireworks charges include taking the position that:

• The defendant was 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,
• The defendant had a permit or license to engage in the activity, and/or
• The defendant reasonably believed they were involved in a legal transaction with an adult rather than a minor.

To help you better understand California’s fireworks laws, our California criminal defense lawyers discuss the following, below:

• 1. What fireworks are legal in California?
  • 1.1. What is the definition of “dangerous” and “exempt” fireworks?
  • 1.2. What is the definition of “safe and sane” fireworks?
• 2. What are the major California fireworks laws?
  • 2.1. What is the California crime of HS 12677 possessing illegal (dangerous) fireworks?
  • 2.2 What is the California crime of HS 12676 selling or manufacturing illegal (dangerous) fireworks?
  • 2.3. What is the California crime of furnishing fireworks to a minor?
  • 2.4. What is the California crime of HS 12672 selling “safe and sane” fireworks outside the authorized time period?
  • 2.5. What is the crime of HS 12680 discharging dangerous fireworks where injury to another person is likely?
• 3. What are the best defenses to assert in court?
• 4. Can a person go to jail for fireworks violations?
  • 4.1. Possessing a large quantity of dangerous fireworks
  • 4.2. Commercial drivers
• 5. Related Offenses

1. What fireworks are legal in California?

California fireworks laws divide fireworks into two categories:

1. “dangerous” fireworks, and
2. “safe and sane” fireworks.

Dangerous fireworks may generally be possessed and used solely by people with a special display license.

Safe and sane fireworks may be purchased and used by the general public if permitted by local fire codes and subject to strict restrictions.

Many jurisdictions prohibit the use of fireworks

Many local jurisdictions — particularly in urban areas — prohibit the use of any (or almost any) fireworks within their borders.

For instance, ALL fireworks other than small “snap caps” and “party poppers” are illegal in unincorporated areas of Los Angeles County. Other items may be used only by people with a valid display permit. (See Los Angeles Fire Code, Title 32, Section 5601.3).

People are advised to check with their local fire department before purchasing or using any fireworks, especially if the weather has been very dry.

This information can change rapidly so checking immediately before use is advised.

The definition of “fireworks” under California law

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. It 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 lists “dangerous” fireworks. Simply put, buying and/or using dangerous fireworks is always illegal other than by someone with a “special display license.”⁹

Examples of “dangerous” fireworks include:

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

Another type of fireworks in California is “exempt” fireworks. These 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 Pyrotechnic Operator’s License for possession or use.¹¹

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

California Health and Safety Code 12529 HS describes “safe and sane” fireworks. These are defined as any fireworks that have not been classified as “dangerous” or “exempt”.¹² These fireworks typically comply with California’s fireworks laws.

But even “safe and sane” fireworks may only be sold:

1. at a “fixed place of business,”¹³
2. by persons holding retail sales licenses,
3. from 12 pm (noon) on June 28th until 12 pm (noon) on July 6th each year–except where local ordinances are more restrictive.¹⁴

“Party poppers” and “snap caps”

An exception to the above rules is “party poppers” and “snap caps.” These small items may be sold year-round.

Party poppers and snap caps are small containers that make a small popping sound and shoot out confetti or streamers. They are popular novelty items for children’s parties and other events.

How do I know whether fireworks are safe and sane?

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.

Before using fireworks, people should call or visit the website of their local fire department (such as the Los Angeles Fire Department or the San Bernardino Fire Department). Local fireworks departments welcome inquiries about local restrictions.

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, anything that 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 does not 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?

California Health and Safety Code 12677 HS makes it a crime to possess dangerous fireworks without a valid permit to do so.³⁶

HS 12677 does not apply to possession of “safe and sane” fireworks. Unless prohibited by a local fire code, possessing these is typically legal.

But causing damage or injury with otherwise legal fireworks might violate another law, 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?

Health and Safety Code 12676 HS makes it illegal to do any of the following:

• Sell, transfer, or give dangerous fireworks to anyone who does not hold a valid permit to receive, use, or transport them;³⁷ or
• Sell, transfer, or give any “special effects” fireworks (such as fire pots or strobe rockets) to anyone who is not 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 have not been approved by the California State Fire Marshall is also unlawful.⁴⁰

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

California Health and Safety Code 12689 makes it a crime:

• For anyone to sell, give or deliver dangerous fireworks to a person under 18;
• For a retailer to sell or give any fireworks to someone under 16; or
• For a retailer to sell or give a person under 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. (An exception is model rockets).⁴¹

Also, minors are not permitted to possess even “safe and sane” fireworks without the written consent or physical presence of a parent.⁴²

Minors with such permission may lawfully possess fireworks in California. But 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?

Health & Safety Code 12672 HS makes it a crime to sell, or offer for sale, such fireworks anytime outside of the authorized time period for selling fireworks.

The authorized time period for selling “safe and sane” fireworks begins at 12 pm (noon) on June 28 and ends at 12 pm (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?

Health & Safety Code 12680 HS makes a crime to:

• Discharge or ignite dangerous fireworks near other people where there is a likelihood of injury to someone, or
• Discharge or ignite dangerous fireworks willfully with the intent of creating chaos, fear or panic.

Certain people are exempted from the restrictions of HS 12680. These include:

• Entertainment industry workers using special effects, and
• People with a valid fireworks license (which often includes people in the entertainment industry, amusement parks, etc.).⁴⁴

3. What are the best defenses to assert in court?

The best legal defense to California fireworks charges depends on the charges and the circumstances of the case. But it often includes establishing that the defendant was not the one who sold or possessed the fireworks.

As Los Angeles criminal defense lawyer John Murray⁴⁵ explains:

“Sometimes our client was the victim of mistaken identity and someone else actually possessed or sold the illegal fireworks. The prosecution bears the burden of proving possession beyond a reasonable doubt. If our client did not have control over the fireworks, they did not violate California’s fireworks laws.”

Other defenses to California fireworks charges include taking the position that:

1. The fireworks were discovered in violation of California’s search and seizure laws (perhaps because the police did not have a valid California search warrant),⁴⁶
2. The defendant held a valid license authorizing the prohibited activity, or
3. A defendant who gave fireworks to a minor had a reasonable, good faith belief that the minor was an adult or had the written permission of a parent.

4. Can a person go to jail for fireworks violations?

Consequences of violating California’s fireworks laws can include a seizure of the fireworks⁴⁷and misdemeanor criminal charges. Penalties for the criminal charges can include:

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

4.1. Possessing a large quantity of dangerous fireworks

Possessing a large quantity of illegal dangerous fireworks (for any reason) increases criminal penalties in California.

25 to 100 pounds of dangerous fireworks

Possession of 25 to 100 pounds of dangerous fireworks in California is a misdemeanor. It can be punished by:

• $1,000 to $5,000 in fines, and
• up to one (1) year in a county jail.

101 to 5,000 pounds of dangerous fireworks

Possessing 101 to 5,000 pounds of dangerous fireworks is a wobbler offense 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. the defendant’s criminal history (if any).

Misdemeanor punishment for unlawful possession of over 100 pounds of fireworks can include:

• a $5,000 to $10,000 fine, and/or
• up to one (1) year in jail.

As a felony possessing more than 100 pounds of dangerous fireworks can be punished by:

• a fine of $5,000 to $10,000, and/or
• 16 months or two or three years in jail.

Over 5,000 pounds of dangerous fireworks

Possessing more than 5,000 pounds of illegal fireworks is also a wobbler offense. As a misdemeanor, it can be punished by:

• up to one year in a county jail, and/or
• a $10,000 to $50,000 fine.

As a felony, possession of more than 5,000 pounds of dangerous fireworks carries potential penalties of:

• 16 months or two or three years in jail, and/or
• a fine of $10,000 to $50,000.⁴⁸

Fireworks crimes involving minors

Selling, giving or delivering dangerous fireworks to a minor is a misdemeanor. It can be punished by the same penalties as set forth above (depending on the quantity).

But 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–a separate violation of California’s fireworks laws can be charged for each day that someone commits, continues, or permits a violation.⁵⁰

Revocation of fireworks license

The above penalties do not apply to people who hold valid licenses or permits and who are operating within the scope of those permits/licenses.⁵¹

But someone who operates outside the scope of a permit/license can be convicted of selling illegal fireworks. Plus the State Fire Marshal will revoke the permit or license.⁵²

4.2. Commercial drivers

A commercial driver who is convicted of transporting at least 10,000 pounds of dangerous fireworks will lose the 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. Related Offenses

The following items are not included in the definition of fireworks under California law:

1. Firearms, as 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

Crimes often charged along with California fireworks violations

If someone causes a fire as a result of using illegal fireworks, prosecutors might also charge:

• Penal Code 452 PC California’s “reckless burning” law, or
• Penal Code 451 PC, California’s arson law, depending on the circumstances.

But an experienced California defense attorney may be able to persuade the prosecutor to reduce the charge pursuant to a plea bargain.

Possible plea bargains to these more serious offenses include:

• Penal Code 415 PC California’s disturbing the peace law,
• Penal Code 602 PC California’s trespass law, or
• Penal Code 272 PC creating a public nuisance.⁵⁵

Charged with a fireworks crime in California? We can help…

If you or a loved one has been charged with a fireworks offense, we invite you to contact us.

Call us or fill out the form on this page to speak to a knowledgeable California criminal defense attorney in your area.

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.

Our Las Vegas Nevada criminal defense attorneys also represent clients accused of violating Nevada’s fireworks laws.⁵⁶

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