In California, firework laws divide fireworks into two categories and an exempt category. The categories are “dangerous fireworks” and “safe and sane” fireworks. A “dangerous” firework includes items like rockets and sparklers longer than ten inches or wider than one-quarter inch in diameter. A “safe and sane” firework includes ones like fountains, spinners, noise makers, etc…
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. Exempt fireworks also need a special license to be used in California. Exempt fireworks are fireworks for industrial use, commercial use, agricultural use or for 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. The only items that can be sold year round are “party poppers” and “snap caps.”
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.
In California, being in possession of an illegal firework is violating Health and Safety Code 12677. This can apply to California “safe and sane” fireworks as well if they violate the local fire codes. In Burbank and Glendale, “safe and sane” fireworks are not permitted.
Most offenses result in a misdemeanor punishable by:
The sale and distribution of “dangerous” fireworks violates California Health and Safety Code 12767 which in return can be charged with other offenses. The punishment for this offense is dependent on the amount of fireworks in possession of the defendant upon arrest.
An attorney may be able to help you fight against a California Firework charge. Known defenses include:
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