Health and Safety Code 12676 HS makes it illegal to do the following: VIDEO: Gunshots or fireworks: how to know the difference Someone who does any of these things can be charged with the California offense of providing dangerous fireworks to a minor. If you are charged with a crime, you have legal rights protected by the U.S. Constitution as well as the laws of California. After the arrest, you need to know your rights. Here are five things you need to know if you think the police have violated your rights. You have the right to: If someone starts a fire as a result of the use of illegal fireworks, prosecutors could also charge the following: CALIFORNIA — Despite the historic drought and threat of wildfires, there are still hundreds of California cities where residents can set off „safe and healthy fireworks.” Most major cities in California prohibit fireworks, including Los Angeles, San Francisco, all of San Diego County, all of San Mateo County, and San Jose. Somewhat surprisingly, approved fireworks are allowed in Sacramento. A commercial driver convicted of carrying at least £10,000 worth of dangerous fireworks loses the right to drive a commercial vehicle for three years. For thousands of nonprofits, from small league teams to high school support clubs, fireworks sales each summer are a major source of fundraising in California. Safe and healthy fireworks can be purchased and used by the public if local fire safety regulations allow and subject to strict restrictions.
Fireworks are allowed in the Bay Area: Cloverdale, Dixon, Dublin, Gilroy, Newark, Pacifica, Rio Vista, Rohnert Park, San Bruno, Sevastopol, Suisun City and Union City. In addition, minors are not allowed to own fireworks, even „safe and healthy,” without the written consent or physical presence of a parent. [42] These cities allow the sale and use of state-approved fireworks. The exact dates on which the sale and unloading of fireworks is permitted vary. While many other California cities ban all fireworks, there are still some that allow them, especially in rural areas. Here`s CalFire`s latest list of cities they allow. Asterisks indicate unincorporated areas. Before using fireworks, people should call or visit their local fire department`s website (such as the Los Angeles Fire Department or the San Bernardino Fire Department). Local fire departments welcome requests for local restrictions. All „safe and healthy” fireworks must bear a „State of California, State Fire Marshall Registered Fireworks” seal. If they don`t, they`re illegal fireworks in California.
But a person operating outside the scope of a permit/license can be convicted of illegal sale of fireworks. In addition, the state fire marshal revokes the permit or license.52 Providing dangerous fireworks to minors is another way to violate California`s fireworks laws. As a felony, possession of more than 100 pounds of dangerous fireworks can be punished by: Possession of a large amount of illegal dangerous fireworks (for any reason) increases penalties in California. Our defense attorneys in Las Vegas, Nevada, also represent clients accused of violating Nevada`s fireworks laws.56 In sweltering California in the summer, a single lost spark can start a massive wildfire. The National Fire Protection Association recently reported that fireworks start an average of 18,500 fires per year. California fireworks laws also prohibit advertising for the sale or transfer of any type of fireworks by anyone who does not have a valid license or authorization to do so.39 California Health and Safety Code 12677 HS criminalizes the possession of dangerous fireworks without a valid permit.36 The penalty for illegal possession of more than 100 pounds of fireworks may include: Different California fire departments have different rules for „safe and healthy” fireworks. Many local jurisdictions – especially in urban areas – prohibit the (or near) use of fireworks within their borders. The permitted period for the sale of „safe and healthy” fireworks begins on June 28 at 12:00 p.m. and ends on June 6. July at 12:0043 p.m. California fireworks laws divide fireworks into two categories: California Health and Safety Code 12529 HS describes fireworks as „safe and healthy.” These are defined as all fireworks that have not been classified as „hazardous” or „exempt”.12 These fireworks generally comply with California fireworks laws. Related: What You Need to Know About Buying Fireworks for the Fourth of July 2022 Possession of dangerous fireworks can be a crime in California if sufficient quantities are involved.
This class of fireworks requires a special firetechnician licence for possession or use.11 HS 12677 does not apply to the possession of „safe and sound” fireworks. Unless prohibited by a local fire order, possession of these is generally legal. People are advised to check with their local fire department before buying or using fireworks, especially if the weather has been very dry. „Safe and reasonable” fireworks are usually benign sparklers, but they are usually defined more by what they are not than by what they are. These are all types that the Fire Marshal does not classify as „dangerous” and all carry an official seal of approval from the Fire Marshal. To be classified as „safe and healthy”, fireworks: And — unlike many other laws — a separate violation of California fireworks laws may be charged for each day someone commits, prosecutes, or permits a violation.50 „any assembly of explosive materials or substances designed and designated by seller to be assembled by the person, who receives this material or explosive substance, and If assembled in this way, it would fall within the definition of fireworks. 8 Dangerous fireworks are still illegal in California unless they are used by a person with a special license. These licenses are usually only issued to pyrotechnic operators who host the Fourth of July and other holiday shows.2 The best legal defense against California fireworks allegations depends on the charges and circumstances of the case. But it is often a matter of declaring that the defendant was not the one who sold or owned the fireworks. For example, ALL fireworks, with the exception of small „caps” and „party poppers,” are illegal in unincorporated areas of Los Angeles County.
Other items may only be used by persons with a valid issuance permit. (See Los Angeles Fire Code, Title 32, Section 5601.3). Penalties for selling, possessing or transporting illegal fireworks that do not bear the official seal can be as high as $50,000 and include up to a year in jail, according to Daniel Berlant, Cal Fire`s assistant director for community wildlife preparedness and mitigation. Many California cities hit several thousand dollars in offenses against anyone who even owns state-approved fireworks. However, causing damage or injury with otherwise legal fireworks may violate another law, such as: The term „fireworks kits” is defined in California Health and Safety Code 12512. It refers to: Health and Safety Code 12672 HS criminalizes the sale or offer for sale of such fireworks outside the approved period for the sale of fireworks. Another type of fireworks in California is „liberated” fireworks. These are fireworks to which the state fire marshal is limited: California`s fireworks laws divide fireworks into two categories: dangerous fireworks and „safe and reasonable” fireworks.
Dangerous fireworks are always illegal, except when used by a licensed operator. Safe and reasonable fireworks may be sold by licensed retailers from June 28 to July 6 of each year and may be used by the public, but are subject to certain restrictions. „Sometimes our client was the victim of a false identity and someone else owned or sold the illegal fireworks. The burden of prosecution shifts the burden of proof of possession beyond a reasonable doubt. If our client had no control over fireworks, he or she did not violate California fireworks laws. The following municipalities allow the sale and use of state-approved fireworks to celebrate the Fourth of July: „Dangerous” fireworks include large items such as rockets and sparklers more than ten inches long or a quarter inch in diameter.