Get Quick Legal Help...

    This form is encrypted and protected by attorney-client confidentiality.

    Client reviews
    Criminal Defense Division

    Are fireworks legal in California? A lawyer explains

    Are "Fireworks" illegal in California? A former DA explains the law

    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:

    Drawing-of-different-kinds-of-fireworks

    California has separate rules for “dangerous fireworks” and “safe and sane” fireworks.”

    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

    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
    Fireworks Exploding in Sky

    So-called “dangerous fireworks” may only be sold or possessed by people with California fireworks licenses.

    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

    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.

    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, 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

    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:

    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

    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.

    Little girl lighting firecracker

    Furnishing dangerous fireworks to a minor violates California’s fireworks laws.

    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

    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.
    Rolls of firecrackers

    Mistaken identify is a common defense to California illegal fireworks charges.

    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).

    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
    Burnt firecracker

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

    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

    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:

    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:

    Additional resources

    For information on fireworks safety, refer to the following:

    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.”). See also Ventura v. City of San Jose (1984, Court of Appeal of California, First Appellate District, Division Three) 151 Cal. App. 3d 1076.
    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.”). See also Quechan Indian Tribe v. McMullen (9th Cir., 1993) 984 F.2d 304. See also David Dickstein, Buying fireworks for Fourth of July 2022? Here’s what you need to know, Orange County Register (June 21, 2022). See also Simone Soublet, Firework regulations for surrounding cities, counties, Sacramento/ABC-10 (June 23, 2022). See also Bianca Ventura, Are fireworks legal in your city? We’re helping you celebrate a safe Fourth of July, Riverside/News-3 (June 26, 2022).
    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. California 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. Johh Murray 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. Orka Manna, Cal Fire is cracking down on illegal fireworks bought, sold online, KCRA (Jun 26, 2022).
    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.

      Contact Our Firm

      This form is encrypted and protected by attorney-client confidentiality.

      Call or Message Us 24/7