Are Fireworks Legal in California?
In California, firework laws divide fireworks into two categories and an exempt category. The categories are “dangerous fireworks” and “safe and sane” fireworks. Specifically, a ‘dangerous’ firework includes items like rockets and sparklers longer than ten inches or wider than one-quarter inch in diameter. Conversely, a ‘safe and sane’ firework includes ones like fountains, spinners, noise makers, etc…
Health and Safety Code 12500-12728
Under Health and Safety Code 12505, dangerous fireworks must be used by someone with a license to do so. Dangerous fireworks contain: arsenic sulfide, chlorates, magnesium, phosphorus, zirconium and many other chemicals. Similarly, exempt fireworks also require a special license to use in California. To clarify, exempt fireworks are those used for industrial, commercial, agricultural, or religious purposes.
Under Health and Safety Code 12529 these are fireworks that comply with California law and local fire department restrictions. These types of fireworks must be sold at a designated place of business by a person with a retail sales license between the dates of June 28th Noon until Noon of July 6th each year. In contrast, the only items that can be sold year round are ‘party poppers’ and ‘snap caps.
How to Tell if a Firework Falls Under “Safe and Sane”
Any and all “safe and sane” fireworks in the state of California must display a “State of California, State Fire Marshall Registered Fireworks” seal. If the seal is not present, the fireworks are not legal to possess or use in the state of California.
What Are the Punishments for Illegal Fireworks in California?
In California, specifically, being in possession of an illegal firework violates Health and Safety Code 12677. Therefore, this can apply to California ‘safe and sane’ fireworks as well, if they violate local fire codes. To illustrate, in Burbank and Glendale, ‘safe and sane’ fireworks are not permitted.
Most offenses result in a misdemeanor punishable by:
- Up to one year in county jail, and/or
- Fined up to $1000.
The sale and distribution of ‘dangerous’ fireworks violates California Health and Safety Code 12767 and therefore results in other charges. Furthermore, the punishment for this offense is dependent on the amount of fireworks in possession of the defendant upon arrest.
25-100lbs of Fireworks
- Fines between $1000 and $5000.
- Up to one year sentence in county jail.
101-5,000lbs of Fireworks
- A prosecutor can charge it as a misdemeanor or a felony.
- Dependent on facts of the case, prosecution and criminal history of the defendant.
- Misdemeanor
- Results in fines between $5,000 and $10,000.
- Up to a one year sentence in county jail.
- Felony
- Results in fines between $5,000 and $10,000.
- Jail sentence between 16 months and three years in jail.
Over 5,000lbs of Fireworks
- Additionally, and more importantly, it can result in a misdemeanor or felony charge.
- Misdemeanor
- Jail sentence up to one year
- A fine between $10,000 and $50,000.
- Felony
- Sentence between 16 months and three years in jail.
- A fine between $10,000 and $50,000.
What Are Possible Defenses Against a Fireworks Violation?
An attorney may be able to help you fight against a California Firework charge. In particular, known defenses include:
- Being able to prove the defendant was not the person in possession or controlled the fireworks.
- Illegally obtained through an unfair search and seizure by law enforcement.
- Defendant has a permit to possess and use fireworks in California.
- The defendant reasonably understood they were involved in a legal transaction.
Important: If you have been accused of possessing or selling illegal fireworks, seek legal counsel right away. This will allow you to obtain a defense and possibly lessen the consequences of the charges. KAASS LAW can help you build a defense strategy. Possible defenses include:
- proving that the defendant was not the owner of the fireworks
- did not control the fireworks
- the fireworks were obtained illegally in a wrongful search
If you have a permit to use the fireworks, this can also be an important factor in your defense. Furthermore, if the charges are related to a miscommunication in the transaction, this could also be grounds for dismissing the charges. Don’t risk – KAASS LAW is here to help you protect your rights and interests. It is also worth remembering that even possession of fireworks without the intent to use them can result in charges. For this reason, having an experienced attorney become a key factor. One who can carefully review the details of your case and help minimize or completely dismiss the charges.