The State is aware that some misguided citizens may attempt to celebrate the 4th of July with prohibited fireworks obtained from the other 49 States that do not care about the safety of their citizens as much as we care in California.
Therefore be advised, any attempt to smuggle or abuse fireworks in this State will not be tolerated. For example, if you travel to Nevada to make a purchase of Nevada legal fireworks, we will record your license plate and notify our border checkpoints. When re-entering this State your illegal cargo will be seized and you will be taken into custody. If you resist, our border guards are armed, and they are empowered to use whatever force is necessary to effect your arrest.
You must comply. This law is for your own safety and State security!
The ONLY authorized fireworks are sparklers a few others that fizz and emit a small puff of smoke and/or sparkle for less than 5 seconds. MOST enlightened and liberal (progressive) counties prohibit the use any fireworks! In those enlightened counties citizens are encourage to use simulated fireworks, i.e. colored lenses on flashlights, tossing them in the air is always a crowd pleaser. You may wish to shout “bang” or clap your hands together to simulate exploding fireworks. This is perfectly legal and you will not be punished because the State wishes you to enjoy the 4th, so have fun, but not too much fun.
Citizens are ordered to read the following laws, regulations and orders pertaining to fireworks in CA. Failure to obey one or more of the following laws will result in your arrest and incarceration up to one year in prison and/or fines up to $50,000.
STATE LICENSES REQUIRED
12670 – Advertise the sale of fireworks without a license
12685 – Conduct public fireworks display without a permit
12686 – Use special effects fireworks without a pyrotechnic license
12687 – Sell, give, transfer or deliver special effects fireworks without a pyrotechnic license
12688 – Advertise to sell any class of pyrotechnics without a license or permit
(Dangerous, Safe and Sane, Agricultural/ Wildlife, Model-rocket engines)
12690 – Perform or act with expired fireworks license or permit
12675 – Failure to record on bill of lading or manifest required fireworks license numbers
12671 – Sell, offer for sale, possess, store, discharge, use, or transport fireworks not registered by the State Fire Marshal
12673 – Store fireworks without a permit
12674 – Store or possess fireworks which a fireworks license is required after license is revoked
12679 – Sell, use, store fireworks within 100 feet of where gasoline or other flammable liquids are stored or dispensed
12682 – Allow or permit a fire nuisance where fireworks are sold, manufactured, assembled, packages, discharged, stored, or distributed
DANGEROUS FIREWORKS
12676 – Sell, transfer, give or otherwise convey title of dangerous fireworks unless receiver has a valid permit
12677 – Posses dangerous fireworks with out a permit
12680 – Place, throw, ignite, or discharge dangerous fireworks at a person or crowd where injury can occur or creating chaos, fear, or panic as defined by the State
12689a – Sell, give or deliver dangerous fireworks to anyone under 18
12683- Sell, use discharge an unregistered emergency signaling device
12684- Use emergency signal device for other than intended purpose
AGRICULTURAL AND WILDLIFE FIREWORKS
12678 – Use agricultural or wildlife fireworks without permit
FIREWORKS LAWS
12672 – Sell Safe and Sane Fireworks other than from noon June 28 – noon July 6
12681 – Sell or transfer Safe and Sane Fireworks at other than fixed place of business
12689b – Sell, give or deliver Safe and Sane Fireworks to anyone under 16 years of age (Illegal)
POSSESSION OF DANGEROUS FIREWORKS – PENALTIES
12700 H&S – (a) Except as provided in Section 12702 and subdivision (b), any person who violates any provision of this part, or any regulation 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) nor more than one thousand ($1,000) or by imprisonment in the county jail for not exceeding 1 year, or by both such 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 ($1000), 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 ($1000) or by imprisonment in the county jail not exceeding one year or by both that fine and imprisonment. (1)
(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 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 5000 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 ($5000) 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.
12702a H&S – Any 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
12702b H&S – Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of five thousand dollars ($5000), or by imprisonment in the 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.
FIREWORKS AND EXPLOSIVES LAW
12540 H&S – Items classified as FIREWORKS are generally excluded from explosives law. Exception: Large firecracker items such as; M -80, M -100, M -1000, Silver Salute, Brown Bomber, 1/4 stick, 1/2 stick, full stick, etc, are considered explosives.
CALIFORNIA CODE OF REGULATIONS SEC. 980(F)(1)
The term “firecracker” means a device consisting of an explosive pyrotechnic in an amount not to exceed 50 milligrams (.772 grains) in weight in a fused container whose primary function is to produce an audible effect. All firecrackers are classified as “dangerous fireworks”. Devices similar in construction to “firecrackers” which exceed .772 grains shall be considered as EXPLOSIVES in accordance with Health & Safety Code 12000, et seq.
OTHER APPLICABLE LAWS
12303 H&S – Possession of Explosives without valid permit 12305 H&S – Illegal Possession of Explosives
12301 – 12312 PC – Destructive Device Violations
452 PC – Reckless Burning
EXPLOSIVES- When explosives are modified, placed in a pipe or container, used for destruction of property, or to terrify or injure individuals, the charge falls under Penal Code 12303.3, destructive device. If caught and convicted there is a mandatory jail time – no probation may be granted for conviction.
(1) Violations for possession/use of less than 25 pounds may be handled as a violation of CA H&S Code 12700(b) 1 or in accordance with local administrative fine ordinance if adopted. Rev: 5/08
Download this California Law Summary at the website noted below and to view the full text: http://osfm.fire.ca.gov/strucfireengineer/pdf/fireworks/Violations.pdf
THE STATE WISHES YOU A HAPPY 4TH OF JULY. BE SAFE, BE LEGAL – DON’T MAKE US COME SEE YOU!
God bless Glenn County.
When I was a kid living in Beaumont Texas, I would buy 2 or three blocks of inchers every year. That would insure I had a ready supply of fun the whole year. I didn’t need no stinking permit. I also never hurt myself or anyone else or started a fire.
I have fond memories of street parties every 4th. Everyone moved tables and chairs out front. We had grilled hot dogs and burgers. Us kids played and had water fights with garden hoses. And when it got dark we all sat on the curb and watched the dads set of the fireworks.
Thanks Founding Fathers, and all the Vets who made it all possible. God Bless!
Hey, this is the 21st century. Get on board! Fireworks terrorists should not be tolerated any more than “Liberty Lover” terrorists should be tolerated.
http://www.infowars.com/homeland-security-report-lists-liberty-lovers-as-terrorists/
That was very nice Peggy, now if you tried that a zoning ordinance and/or the fire marshal would get you. Thanks liberals, ya party poopers!
Thanks Zed!
Don’t you think this kind of snivelling, of the infantile variety?
I mean, all these regulations don’t spring out of thin air. They spring out of the interminably demonstrated moronic idiocy of a populace that sets one or two of its children alight every 4th.
Come on.
All we’re saying here is: “You know you are too feeble to fool with fireworks … so don’t. And if you do, and there are … damages … we’re gonna nail your hide to the barn door, criminally, civilly, litigiously, fiscally … you name it.
That is what a civilization does.
Just so everybody’s clear.
My Hispanic and/or Asian neighbors go absolutely ape-shit with contraband on the 4th … and I say prayers for their children.
Sniveling Libby, cmon? Anytime I use an example of bureaucracy runamuck, you call it sniveling. I call it standing up to maintain some pretense of still being free in this heavy handed state of bureaucrats! We have a duty to protest our government when they become too intrusive in our lives. Of course you like a Nanny State with a cradle to grave policy, but some of us think that is undermining our drive and our dignity.
Bush was right. FreeDumb is on the march, especially in Colliefonria (as Ahnode calls it) and on the Supreme Court.
We celebrate the 4th while the Founders roll over in their graves. Freedumb for all of you on this July 4th!
Just so I don’t have to listen to yet more whining about the necessity of collecting tax revenue to deal with, for example …:
A fireworks explosion on a deck injured nine people in New Hampshire and left two toddlers severely injured in an accident one neighbor said “sounded like a million gunshots.”
Five people were taken to the hospital by ambulance, while two children ages 3 and 4, who were described as “severe” were taken by helicopter for treatment in Boston.
One neighbor said he could feel his house shake 200 yards away during the explosion, ABC News’ affiliate WMUR reported. Another neighbor likened the explosion to gun shots.
“I heard it sounded like a million gunshots, and I thought maybe they were testing it, and then I saw the huge mushroom cloud and I was like, ‘Oh man, that can’t be good,'” Taylor Jackson told the station.
At least 30 people were inside the Pelham, N.H. home attending a party when disaster struck.
Elsewhere in New Hampshire, police said four children were injured on Rye Beach after they put several lit sparklers inside a glass jar, causing it to explode.
Police did not release the ages or conditions of the injured, but said one was transported by helicopter to Massachusetts General Hospital late Tuesday night, while the other three were taken by ambulance to Portsmouth Regional Hospital.
A 24-year-old man is recuperating in a Florida hospital after fireworks he was handling blew off his left thumb and severely injured his hands early today, the Tampa Bay Times reported.
Matthew Lewandowski was loading a firework mortar when it exploded in the tube he was holding, blowing off his left thumb and giving him serious burns on his hands, arms, stomach and right leg, the newspaper reported.
Well there you go Libby, people do stupid things. But, get this, according to the DMV census, we had 35,900 fatals in the US from 10.8 million accidents!
Contrast this with the National Fire Protection Association, Fire Analysis and Research Division, report dated June, 2012 that said an average of five deaths per year occur from fireworks and fires they start.
Based upon the risk of death, which should we ban cars or fireworks?
On the other hand, think how much better off we would be if we handed out dynamite to everyone who wanted to play with some? In about 5 years we would see a big rise in our collective IQ, proving once more that Darwin was on to something.
Getting into your car … and playing with mortars … are not, in any way, comparable.
Unless, of course, you’re a guy.
Libby: We were not talking about comparable endeavors, we were talking about things that cause risk to humans.
You were citing how dangerous fireworks are and I merely cited how dangerous cars are. In that sense they are comparable, one kills about 5 a year and the other kills about 35,000 a year.
We do not entertain banning cars, but you would like ban fireworks and presumably anything else that represents a tiny risk. I think we’re becoming a bunch of wimps!
Lord knows how I survived my childhood, playing with guns (.22) and hunting knives. Can you believe I was even riding a bicycle without a helmet? Actually, my bike didn’t even have brakes. And all that lead paint around and we didn’t wear seat belts, how did we all survive? I think I know, by not being idiots, that’s how. Unfortunately, the herd no longer gets culled, the idiots are multiplying like never before thanks to the Nanny state…it’s just like the movie Idiocracy. Have you seen it?
Jack, if you really spent your youth thusly, your survival was pure dumb luck. (Guys always think nothing can happen to them, until it does.) Your “nanny” state has, since the advent of progressive government, mobilized for the sustinance of the unlucky, and will continue to do so, whether you like it or not.
Oh, it was far worse than I have told you. lol
Libby, we’re talking about this reckless behavior and here is a story in the ER about an idiot diving into the creek before check for submerged rocks. I NEVER did anything that dumb! He’s clearly a Darwin candidate.
CHICO Rescue personnel today hauled haul a man out of Big Chico Creek’s gorge, after he injured himself diving into an upper Bidwell Park swimming hole. Early radio messages about 5 p.m. indicated he’d hit his head on a submerged rock, but that hasn’t been confirmed. Rescuers on the scene had decided to lift the man by helicopter from his location at the diversion dam. But when it was reported a helicopter wouldn’t be available for 25 minutes, the decision was made to carry him out to a ground ambulance for the ride to the hospital.
The rescue took about an hour.
Libby: “Don’t you think this kind of snivelling, of the infantile variety?”
I’ve been reading to catch up on the blog and I’m finding YOUR SNIVELING to be way too mother hen-ish…time to let the birds fly.
The world is filled with risk.
You can make all the stupid rules you want and it will still be a world full of risk.
When we refuse to let people grow up and take responsibility for themselves we produce grown-up infants!
“mobilized for the sustinance of the unlucky”
An awful lot of those “unlucky” dudes are hanging in gangs and killing each other.
The nanny state has not made it better because in the nanny state they no longer learn to be adult men.
Tina, I was thinking about what you just said and it occurred to me many of those gangs you mentioned would probably cease to exist if our police agencies were not so hamstrung and at the same time, our bigger government agencies, so laden with job killing rules and regulations.
Expanding on that, it’s odd that in a war on drugs our forces are often left without ammunition. Take the RICO act, Racketeer Influenced and Corrupt Organizations Act. The RICO Act focuses specifically on racketeering, and it allows for the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them, closing a perceived loophole that allowed someone who told a man to, for example, murder, to be exempt from the trial because they did not actually do it.
RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L. 91-452, 84 Stat. 922, enacted October 15, 1970). RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. 19611968. While its original use in the 1970’s was to prosecute the Mafia as well as others who were actively engaged in organized crime.
When was the last time the leaders of nortorious street gangs like the CRIPS, VICKIESTOWN, FOB’S, BLACK DISCIPLES, WHITE FENCE, BGF, LONGOS, BLOODS, VICE LORDS, BLACK SPADES, WESTSIDE, NORTENIOS, SURENOS, NUESTRA LAFAMILIA, ever been indicted under RICO? How about never and these are really big dangerous gangs dealing in drugs that kill more people than the mafia ever did.
The lesson here is we can pass all the laws we want, but without the resources to enforce them they are worthless!
How many of these street gangs would exist if we provided community security and a fast track for business so that financial opportunity would replace welfare? I don’t know either, but my guess most of them would disappear and people would finally start to get their self respect back.
“I NEVER did anything that dumb! He’s clearly a Darwin candidate.”
If you rode a bike with no brakes, I’m sorry, you did something that dumb.