Except as provided in subdivision (b) of Section 12080, any unclassified explosives which are sold, given away, or transported shall be subject to immediate seizure by any chief or police official.
High ExplosivesConfiscation
Section § 12350
If unclassified explosives are sold, given away, or transported, they can be immediately seized by any police or chief official, unless there is a specific exception noted in a different section.
unclassified explosives seizure sale of explosives
Section § 12351
This law says that any explosives that are illegally handled in any way—like being made, sold, or used illegally—can be taken right away by authorized officers. Also, if someone's permit for handling explosives has expired and isn't quickly renewed, their explosives can also be seized unless they destroy them in the correct way as outlined in another law.
Any explosives which are illegally manufactured, sold, given away, delivered, stored, used, possessed, or transported shall be subject to immediate seizure by any chief, issuing authority, or peace officer authorized to act under Section 12020. When a permit issued pursuant to this part has expired and is not immediately renewed, any explosives in the possession of the permittee shall be subject to immediate seizure by any chief, issuing authority, or peace officer authorized to act under Section 12020, unless first destroyed by the permittee in accordance with Section 12087.
illegal explosives seizure of explosives expired permit
Section § 12352
If someone has their permit for explosives suspended or revoked, the chief responsible for this action can immediately take away any explosives they have.
When a permit issued pursuant to this part has been suspended or revoked any explosives in the possession of such permittee shall be subject to immediate seizure by the chief causing such suspension or revocation.
explosives permit suspension explosives seizure permittee explosives possession
Section § 12353
If explosives are seized, they must be stored properly according to rules set by the State Fire Marshal. The person from whom the explosives are taken can ask for them back by claiming they were seized illegally or by mistake. This must be done within 10 days. The local government has 15 days to consider this request and will give the person a chance to speak if they ask for it. The person will be notified of the decision.
Any explosive seized under this chapter shall be stored in an approved manner and in accordance with regulations adopted by the State Fire Marshal. The person from whom such explosives have been seized may within 10 days after such seizure petition the governing body of the area in which such seizure was made to return the explosives upon the ground that such explosives were illegally or erroneously seized. Any such petition so filed shall be considered by the governing body within 15 days after filing and an oral hearing shall be granted the petitioner if requested. Notice of the decision of the governing body shall be served upon the petitioner.
explosive seizure storage regulations State Fire Marshal
Section § 12354
This law section says that if a governing body decides explosives were taken illegally or by mistake, they must be returned to the person who asked for them back. However, if someone disagrees with this decision, they have 60 days from when they were notified to start a legal case in California to get the explosives back.
If the governing body finds that the explosives were illegally or erroneously seized, the explosives shall be returned to the petitioner. The determination of the governing body is final unless within 60 days of the notice served pursuant to this chapter, an action is commenced in a court of competent jurisdiction in the State of California for the recovery of the explosives seized by the chief.
illegal seizure erroneous seizure return of explosives
Section § 12355
If someone doesn't file a petition within 10 days after explosives are taken by local authorities, or if no legal action is started in California within 60 days after being notified, the chief can get rid of the explosives in a safe way. The person who had those explosives won't be able to sue the chief for disposing of them.
If no petition is received by the governing body within 10 days of seizure of any explosive, or if no action is commenced in a court of competent jurisdiction in the State of California within 60 days of the notice served pursuant to this chapter, the chief may dispose of the seized explosives in any manner which will not jeopardize public welfare and safety. When any explosive is disposed of pursuant to this section, the person from whom such disposed of explosives were seized shall not have any legal redress against the chief who caused the disposal of the explosives.
explosives seizure petition deadline public safety
