Fireworks

Can a Person go to Jail for Firework Violations?

Yes, if a person commits firework violations in California, they could be subject to one year in county jail and/or a fine of up to $1,000. While firework violations could result in a misdemeanor charge, with the right legal representation you could avoid serving jail time and diminish your fine. When it comes to the possibility of being charged for firework violations there a few variables to consider. For example, location, pyrotechnic licenses, the type of fireworks being used, and the age of the person discharging the fireworks. Here’s an overview of all aspects that go into firework violations:

Location

In California, regulations prohibit fireworks from being set off in certain locations throughout the state. Given that the main function for all firework laws is to keep everyone safe, there are regulations in place that prohibit any person from discharging a firework within 100 feet of a place where flammable liquids are kept. Other locations prohibited from fireworks include city parks, state parks, and protected wildlife areas. It should also be noted that if a California county is experiencing a drought, the entire county could enforce a burn ban which, as a result, would also ban all fireworks. For additional information about where California allows its residents to discharge fireworks, see all Cal. Health & Safety Codes in regards to fireworks and explosives.

Pyrotechnic License

When it comes to the various types of fireworks, some are much more dangerous than others. Fireworks that are sold to the public during designated weeks around the Fourth of July and New Year’s Eve have been deemed “safe and sane” fireworks by the state. Other types of fireworks that are only accessible to professional pyrotechnics are considered “dangerous fireworks.” These types of high-grade pyrotechnics are only used for public and private events. Due to the danger of these explosives, it is illegal for someone without a professional pyrotechnic license to have these types of fireworks. Doing so could leave you with a $50,000 fine, and the possibility of serving up to three years in jail. 

Age

In California, you must be at least 16-years-old to discharge a firework. There are exceptions to this law when it comes to small poppers and sparklers. Another area where age comes into play with violations is through the sale of fireworks. The state has mandated that you must be 16-years-old to buy fireworks. If a retailer is caught selling fireworks to a minor, it could result in a $1,000 fine and business shutdown.

How Do I Know if the Fireworks I’m Using Are Legal?

The best way to make sure the type of firework you’re planning to use is legal is to contact your local fire department. When you get in touch with the department not only can you ask them about your fireworks, but you can also inquire about any local regulations that would prohibit you from discharging fireworks.

Legal Representation for Firework Violations

It’s important to make sure you find the right legal representation if you’ve been charged with a misdemeanor fireworks violation. At Tedford & Associates our team offers free consultations, personalized attention and no legal fees until your case is won.

For more information regarding firework violations in the state of California, contact Tedford & Associated today!

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