Classification of Pyrotechnic Items

12503 H&S - Agricultural and Wildlife Fireworks
12505 H&S - Dangerous Fireworks - Illegal
12506 H&S - Emergency Signaling Devices
12508 H&S - Exempt Fireworks
12512 H&S - Fireworks Kit - Illegal
12519 & 12520 H&S - Model Rockets
12529 H&S - Safe and Sane Fireworks - Local Authority Approval
12532 H&S - Special Effects

Possession of Dangerous Fireworks - Penalties

12700 H&S. Except as provided in Section 12702, any person who violates any provision of this part, or any regulations 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 dollars ($1,000), or by imprisonment in the county jail for not exceeding one year, or by both such fine and imprisonment.

12702 H&S. Notwithstanding the provisions of Section 12700:
(a) 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 Section 12700.
(b) Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and by imprisonment in the county jail for one year. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.
(c) Any person who violates this part involving any dangerous fireworks item, as defined in Section 12505, or any combination of any dangerous fireworks items, having the total net weight of explosive material of 7,500 grains or more, is guilty of a public offense, and upon conviction thereof shall be punished by imprisonment in the state prison, or in the county jail for not more than one year, or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.

Fireworks Are Excluded from Explosives Law

12540 H&S. The provisions of this part shall not apply to any of the following:
(a) Explosives regulated under Part 1 (commencing with Section 12000) of Division 11.
(b) Arms and handguns defined as firearms by the Federal Gun Control Act of 1968, as well as such devices and weapons classified under Section 12020 or 12301 of the Penal Code, including blank cartridge pistols of the type used at sporting events or theatrical productions.
(c) Research or experiments with rockets or missiles or the production or transportation of rockets or missiles by the Department of Defense of the United States, or by any agency or organization acting pursuant to a contract with the Department of Defense for the development and production of rockets or missiles.
(d) Paper caps which contain less than 0.25 grain of pyrotechnic composition per unit load.

12670 H&S. It is unlawful for any person to advertise that he is in any business or venture involving fireworks or pyrotechnic devices or shall cause his name or business name style to be included in any classified advertisement or directory under a classification which includes the word fireworks, unless he is licensed pursuant to this part.

12671 H&S. It is unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of fireworks within this state unless the State Fire Marshal has classified and registered such fireworks.

12672 H&S. It is unlawful for any person to sell, or offer for sale, safe and sane fireworks at any time outside of the period specified in Section 12599.

12673 H&S. It is unlawful for any person to store any fireworks without having in his possession a valid permit as required by this part.

12674 H&S. It is unlawful for any person to store or possess any fireworks for which a license is required and which has been revoked or surrendered or any license which has not been renewed and such storage or possession is held beyond the period provided for in Section 12604.

12675 H&S. It is unlawful for any person to fail to record on each bill of lading, manifest or invoice issued to cover the sale or shipment of fireworks, the license number of both the seller or shipper and the buyer or receiver, unless the sale or shipment is made to non licensees in accordance with the provisions of his license.

12676 H&S. It is unlawful for any person to sell, transfer, give, deliver, or otherwise convey title of any dangerous fireworks, including fireworks kits, to any person in this state who does not possess and present to the seller or donor for inspection at the time of transfer, a valid permit to receive, use, or transport dangerous fireworks as provided in this part.

12677 H&S. It is unlawful for any person to possess dangerous fireworks without holding a valid permit.

12678 H&S. It is unlawful for any person to use or discharge agricultural and wildlife fireworks without first securing a permit as provided in this part.

12679 H&S. It is unlawful for any person to store, sell, or discharge any type of fireworks in or within 100 feet of a location where gasoline or any other flammable liquids are stored or dispensed.

12680 H&S. It is unlawful for any person to place, throw, discharge or ignite, or fire dangerous fireworks at any person or group of persons where there is a likelihood of injury to any such person.

12681 H&S. It is unlawful for any person to sell or transfer any safe and sane fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit has been issued.

12682 H&S. It is unlawful for any person to allow or permit a fire nuisance, as defined in Section 12510, to exist on any premises where any fireworks are manufactured, sold, assembled, discharged, packaged, stored, or distributed. The authority to determine that a fire nuisance exists shall be vested in those officers identified in Section 12721.

12683 H&S. It is unlawful for any person to sell, use, or discharge any emergency signaling device not registered by the State Fire Marshal.

12684 H&S. It is unlawful for any person to use or discharge any registered emergency signaling device in any manner other than that permitted by the instructions for use.

12685 H&S. It is unlawful for any person to conduct a public display without possessing a valid permit for this purpose.

12686 H&S. It is unlawful for any person to use any special effects fireworks unless he possesses a pyrotechnic operator license.

12687 H&S. It is unlawful for any person to sell, transfer, give, or deliver any special effects fireworks to any person not licensed as a pyrotechnic operator.

12688 H&S. It is unlawful for any person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket engines, unless he possesses a valid license or permit.

12689 H&S. (a) It is unlawful for any person to sell, give, or deliver any dangerous fireworks to any person under 18 years of age.
(b) It is unlawful for any person who is a retailer to sell or transfer any safe and sane fireworks to a person who is under 16 years of age.
(c) Except as otherwise provided in subdivision (d), it is unlawful for any person who is a retailer to sell or transfer to a person under the age of 18 any rocket, rocket propelled projectile launcher, or similar device containing any explosive or incendiary material whether or not the device is designed for emergency or distance signaling purposes. It is also unlawful for a minor to possess such a device unless he or she has the written permission of, or is accompanied by, his or her parent or guardian while it is in his or her possession.
(d) Model rocket products including model rockets, launch systems, and model rocket motors designed, sold, and used for the purpose of propelling recoverable model rockets may be sold or transferred pursuant to regulations, adopted by the State Fire Marshal which the Fire Marshal determines are reasonably necessary to carry out the requirements of this part.

12690 H&S. It is unlawful for any person to perform any act, or transact or attempt to transact any business, with an expired license or an expired permit where a license or permit is required for the performance of such act or transaction.

12691 H&S. It is unlawful for any person to violate any provision of any regulation adopted by the State Fire Marshal pursuant to this part.

12692 H&S. This chapter shall not prohibit the operations or functions of a licensed pyrotechnic operator holding a special effects license when the operations or functions are a necessary part of the production and are performed pursuant to a valid permit issued by the authority having jurisdiction.

Other Applicable Laws

12303 H&S - Lawful Possession of Explosives
12305 H&S - Illegal Possession of Explosives
12301 - 12312 PC - Destructive Device Violations
452 PC - Reckless Burning