No person shall use or possess a flamethrowing device without a valid flamethrowing device permit issued by the State Fire Marshal pursuant to this part.
Flamethrowing DevicesAdministration
Section § 12755
In California, you cannot use or have a flamethrower unless you have a special permit from the State Fire Marshal.
flamethrower flamethrower permit State Fire Marshal
Section § 12756
The State Fire Marshal is responsible for creating rules for handling flamethrowing devices, including who can have a permit and how these devices can be used, stored, and transported. They have to discuss with the Department of Justice to make sure the rules align with those for other dangerous devices. These discussions are optional guidelines. Anyone with a flamethrower permit must have a valid certificate of eligibility from the Department of Justice.
The State Fire Marshal shall adopt regulations to administer this part and establish standards for the background investigation of an applicant for, and holder of, a flamethrowing device permit, and for the use, storage, and transportation of a flamethrowing device. In adopting these regulations, the State Fire Marshal shall consult with the Department of Justice regarding regulations for the use and possession of destructive devices (Chapter 12.5 (commencing with Section 970) of Division 1 of Title 11 of the California Code of Regulations). These regulations for the use and possession of destructive devices may provide suggestions for potential methods to utilize in developing standards and shall serve as guidance only. At a minimum, the regulations adopted by the
State Fire Marshal shall require a permitholder to possess a current, valid certificate of eligibility issued by the Department of Justice pursuant to subdivisions (a) to (c), inclusive, of Section 26710 of the Penal Code.
flamethrowing device permit regulations background investigation
Section § 12757
For someone to get or renew a permit to use and have a flamethrowing device, they must meet three conditions. Firstly, they cannot be addicted to any controlled substances. Secondly, they need a valid certificate of eligibility from the Department of Justice. Lastly, they must comply with additional standards set by regulations linked to this law.
The State Fire Marshal may issue or renew a permit to use and possess a flamethrowing device only if all of the following conditions are met:
(a)CA Health & Safety Code § 12757(a) The applicant or permitholder is not addicted to any controlled substance.
(b)CA Health & Safety Code § 12757(b) The applicant or permitholder possesses a current, valid certificate of eligibility issued by the Department of Justice pursuant to subdivisions (a) to (c), inclusive, of Section 26710 of the Penal Code.
(c)CA Health & Safety Code § 12757(c) The applicant or permitholder meets the other standards specified in regulations adopted pursuant to Section
12756.
flamethrowing device permit State Fire Marshal controlled substance addiction
Section § 12758
If the State Fire Marshal turns down, doesn't renew, or takes away a permit to use a flamethrower, the person who applied or already holds the permit can have a formal hearing. The hearing will follow specific government rules.
The State Fire Marshal must cancel the flamethrower permit if the permit holder fails to follow the necessary rules and regulations related to using a flamethrower.
(a)CA Health & Safety Code § 12758(a) If the State Fire Marshal denies an application for, or the renewal of, or revokes a flamethrowing device permit, the applicant for a flamethrowing device permit or permitholder shall be entitled to a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)CA Health & Safety Code § 12758(b) The State Fire Marshal shall revoke a flamethrowing device permit if the permitholder does not comply with the requirements of this part and the regulations adopted pursuant to this part.
flamethrowing device permit State Fire Marshal permit denial
Section § 12759
The State Fire Marshal is responsible for setting up fees, and these fees are collected and put into a special fund called the State Fire Marshal Licensing and Certification Fund.
The State Fire Marshal shall establish fees pursuant to this part that shall be deposited in the State Fire Marshal Licensing and Certification Fund.
State Fire Marshal fees Fire Marshal Licensing Fund Licensing fees
