California's Health and Safety Code Sections 12500 to HS 12728 deal with the illegal possession and sale of fireworks.  Not all fireworks are illegal.  Some fireworks, defined under the law as "safe and sane" fireworks can be sold legally, but there are still strict rules for when they can be purchased, possessed, sold or used.  "Dangerous" fireworks are pretty much always illegal, except as permitted to pyrotechnics for the entertainment industry or large-scale Fourth of July or New Years, or Chinese New Year displays.

Fireworks have a great deal of cultural significance in the US, and play prominent roles in cultural celebrations throughout the world.  We want our families and children to experience the wonder and magic of a fireworks display.  In California, however, fireworks laws are quite strict.  Particularly in the Eastern portion of LA County, like East LA, San Gabriel, El Monte, Montebello and portions of Riverside and San Bernardino Counties.  The dry weather makes Southern California, especially the San Gabriel Valley region very susceptible to fires, and a simple fireworks display could lead to mass evacuation of homes as well as significant property damage.

"DANGEROUS FIREWORKS" VS. "SAFE AND SANE FIREWORKS"
Dangerous fireworks (pretty much always illegal) include, but are not limited to:
Examples of "dangerous" fireworks include (but are not limited to): (1) fireworks containing arsenic sulfide or arsenites, most chlorates, magnesium, most phosphorous, zirconium, or many other chemicals, (2) firecrackers, skyrockets, rockets, and sparklers larger than 10" in length or .25" in diameter, and (3) any other fireworks that the Fire Marshall has declared "unsafe for use by any person not specifically qualified or trained in the use of fireworks."

POSSESSION OF ILLEGAL FIREWORKS
Possession of illegal fireworks in California is typically a misdemeanor, punishable by up to one year in county jail.  Possessing any quantity of "dangerous fireworks" is a crime in California.  Again, some municipalities, pyrotechnic operators and amusement parks are permitted to have dangerous fireworks.  Possession of more than 25 pounds, but less than 100 pounds is still a misdemeanor, but is also punishable by a fine of up to $5000.  Possession of more than 100 pounds can be charged as a felony, and exposes the defendant to up to 3 years in State Prison.

SALE OF ILLEGAL FIREWORKS
It is also illegal to sell illegal fireworks.  Selling fireworks to minors is also a serious crime.  With possession of enough fireworks, it is possible to be charged with a felony, as well as several misdemeanor charges for a sale of illegal fireworks case.

CALIFORNIA ILLEGAL FIREWORKS LAWS

• HS 12670 - Advertising for the "fireworks business" without license
• HS 12671 - Engaging in any activity with fireworks that have not been classified and registered by the State Fire Marshall
• HS 12672 - Selling or offering to sell fireworks outside of the allowed dates (June 28th-July 6th)
• HS 12673 - Illegally storing fireworks
• HS 12674 - Storing fireworks expired or revoked license
  
• HS 12675 - Failing to record license number on fireworks sales or shipments
• HS 12676 - Giving, delivering or selling dangerous fireworks to someone without permit
• HS 12677 - Possessing dangerous fireworks without permit
  
• HS 12678 - Discharging agricultural/wildlife fireworks without permit
• HS 12679 - Storing, selling or discharging fireworks too close to a gas station or other area where flammable liquids are stored or dispensed
• HS 12680 - Discharging fireworks where they are likely to harm another person or with intent to cause fear, chaos or panic
• HS 12681 - Selling "safe and sane" fireworks anywhere other than a fixed, licensed place of business
• HS 12682 - Allowing a "fire nuisance" to exist in a place where fireworks are sold, manufactured, packaged or stored.
• HS 12683 - Selling, using or discharging a flare/flare gun that has not been registered with the State Fire Marshall.
• HS 12684 - Using a flare/flare gun in unintended manner.
• HS 12685 - Conducting a public display of fireworks without permit
• HS 12686 - Using special effects fireworks without pyrotechnic license
• HS 12687 - Selling, giving, transferring or delivering special effects fireworks to anyone without pyrotechnic license
• HS 12688 - Advertising to sell or transfer fireworks without license or permit.
• HS 12689 - Selling/delivering fireworks to minors.
• HS 12690 - Operating with an expired license

EXAMPLE:

Ben purchases several boxes of fireworks at a garage sale.  Neither Ben, nor the seller, know that it is illegal to possess these particular fireworks, but they are "dangerous fireworks" within the meaning of California's fireworks laws.  Ben plans to light some of the fireworks himself, and to give some away to friends.  One of Ben's friends tells Ben that he can make a lot of money selling the fireworks he bought at the garage sale.  Ben posts an ad on Craigslist offering to sell the fireworks.  He gets several responses, one of them from an undercover detective in the El Monte Police Department.

The undercover detective offers to buy all of the fireworks at Ben's full asking price.  They arrange to meet at a parking lot the following morning.  Upon arriving to the parking lot, Ben notices a car that fits the description given to him by the buyer, drives up and initiates a conversation.  The (still undercover) officer confirms the price, and that Ben has the fireworks.  He asks to see one box, and soon after, uniform police officers move in and arrest Ben. 

The sting operation produces some pretty strong evidence against Ben, and he is charged with HS 12676 (selling illegal fireworks) and HS 12688 (advertising sale of fireworks).  Ben hires a Los Angeles Criminal Defense Attorney who assesses Ben's defenses (did not possess, did not intend to sell, was not the same person in the communication, etc.) and works with the District Attorney's office in El Monte to try to get Ben the best outcome possible in the case.

If you or someone you know has been arrested or charged with possession or sale of illegal fireworks, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar