California State Fireworks Law violations have significant repercussions. However, they are put into place to keep California residents safe. The risk of physical injury while using “dangerous” fireworks is great and can have long-lasting effects on your life. Continue reading to discover what California deems as “dangerous” and what they deem as “safe and sane” regarding fireworks regulations in your area.
If you have any further questions regarding the legality of fireworks in your area, do not hesitate to reach out to our experienced criminal law firm. We would be happy to assist you.
Fireworks Regulations in California
In 1973, California enacted the State Fireworks Law that classifies items that qualify as fireworks, dictates when and where they may be set off, and specifies who may possess or sell them. Any device that contains chemical elements that do not require oxygen to burn or products with audible, mechanical, thermal, or visual pyrotechnic effects for entertainment is considered a firework. Also included in this definition are the following:
- Roman candles
- Party poppers
- Smoke bombs
California state law lists certain types of fireworks as “dangerous” and prohibits private citizens who are not licensed by the state to possess or discharge them. This law also prevents retail from selling these fireworks that are listed as dangerous. The following are considered dangerous fireworks:
- Roman candles
- Fireworks kits
- Sparklers more than 10 inches in length or one-fourth of one inch in diameter
- Any fireworks that contain arsenic sulfide, arsenates, or arsenites, boron, chlorates, gallates or gallic acid, magnesium, mercury salts, phosphorous, picrates or picric acid, thiocyanates, titanium, or zirconium
- Fireworks such as the exploding cigar that are designed to create the element of surprise upon the user
Safe and Sane Fireworks in California
Fireworks that are considered “safe and sane” include the following:
The following fireworks are permitted for use in California per APA Std. 87-1:
- Ground & hand-held sparkling devices
- Cylindrical & cone fountains
- Wheel & ground spinners
- Illuminating torch
- Flitter sparklers (morning glory) not exceeding 10 inches in length or ¼ inch in diameter
- Toy smoke device
- Party poppers
Fireworks Regulation Penalties
Violating the California State Fireworks Law is considered a misdemeanor crime that could result in up to one year of jail time plus a fine of $500 to $1,000. These penalties will increase depending on the number of fireworks you are found in possession of as well as if you have sold “dangerous” fireworks to anyone under the age of 18.
Contact our experienced California firm
Whether you’ve been injured in an accident due to negligence or you’ve been charged with a DUI, you cannot afford to proceed without strong legal representation at your side. Here at The Law Offices of Dale R. Gomes, we are dedicated to helping all those in need of an attorney who can efficiently fight for their rights. Contact our firm today so we can discuss your case.