Illegal Fireworks 12500-12728 HS
Illegal fireworks are simple to understand. They are dangerous fireworks that are always illegal unless you have a special license. Or they are “safe and sane” fireworks that can be sold, bought, and used by the public as long as its under certain conditions. Example would be selling safe and sane fireworks from a licensed retailer from June 28th till July 6th unless areas are more restrictive. Its illegal to have fireworks without a license that’s usually given by pyrotechnic operators that use them for entertainment purposes. This could include fourth of July or some other firework celebration. Its illegal to sell or give dangerous fireworks to minors (anyone under 18). Its also illegal to sell the safe and sane fireworks to anyone under 16.
What is a dangerous firework
Fireworks that are considered dangerous include fireworks that use arsenic sulfide, arsenites, chlorates, magnesium, phosphorous, zirconium, etc.. Fire crackers, sky-rocket, rockets, and sparklers bigger than 10 inches long or 1/4 inch in diameter. Or any fireworks that the state fire marshal says is unsafe for use for anyone not trained. These fireworks are limited for indurstrial,commercial, agricultural, or ceremonial use. Safe and Sane fireworks will always have a seal that says. “State of California, State Firemarshall Registered Fireworks” any fireworks without the seal are considered illegal.
Punishments for Illegal Fireworks
If you possess large amounts of illegal fireworks, it doesnt matter why you have so many your penalty will increase. If it is 25 to 100 pounds of fireworks its a misdemeanor. You can see a year in jail and up to a $5,000 fine. 101 to 5,000 pounds can be punished as either a misdemeanor or a felony. It depends on the case and your criminal history. as a misdemeanor its up to $10,000 in fines and a year in jail. As a felony its the same fine with 3 years in prison. Each day you sell fireworks illegally is a separate violation. If you have a permit then the state fire marshall will revoke that license.
If you or someone you know was charged with illegal fireworks, talk to an attorney to know your options.