Section § 12101

Explanation

If you want to do anything with explosives in California, like making, selling, transporting, or using them, you need a special permit first. You apply for this permit from the local authority where you'll carry out the activity. If you need explosives from a different area, your permit must get a special endorsement there, and it might come with rules to keep things safe. When buying or getting explosives, the seller must check that you have a valid permit that's been properly endorsed.

There are restrictions on permits: they don't last more than a year and can only be used for what they're specifically allowed for. Permits won't be given to people with felony convictions, narcotics addiction, or those prohibited from having firearms. The Department of Justice checks applicants' backgrounds, using fingerprint records, to ensure they meet criteria. Also, there are additional requirements if explosives are classified as hazardous waste or need specific transport licensing.

(a)CA Health & Safety Code § 12101(a) No person shall do any one of the following without first having made application for and received a permit in accordance with this section:
(1)CA Health & Safety Code § 12101(a)(1) Manufacture explosives.
(2)CA Health & Safety Code § 12101(a)(2) Sell, furnish, or give away explosives.
(3)CA Health & Safety Code § 12101(a)(3) Receive, store, or possess explosives.
(4)CA Health & Safety Code § 12101(a)(4) Transport explosives.
(5)CA Health & Safety Code § 12101(a)(5) Use explosives.
(6)CA Health & Safety Code § 12101(a)(6) Operate a terminal for handling explosives.
(7)CA Health & Safety Code § 12101(a)(7) Park or leave standing any vehicle carrying explosives, except when parked or left standing in or at a safe stopping place designated as such by the Department of the California Highway Patrol under Division 14 (commencing with Section 31600) of the Vehicle Code.
(b)CA Health & Safety Code § 12101(b) Application for a permit shall be made to the appropriate issuing authority.
(c)Copy CA Health & Safety Code § 12101(c)
(1)Copy CA Health & Safety Code § 12101(c)(1) A permit shall be obtained from the issuing authority having the responsibility in the area where the activity, as specified in subdivision (a), is to be conducted.
(2)CA Health & Safety Code § 12101(c)(2) If the person holding a valid permit for the use or storage of explosives desires to purchase or receive explosives in a jurisdiction other than that of intended use or storage, the person shall first present the permit to the issuing authority in the jurisdiction of purchase or receipt for endorsement. The issuing authority may include any reasonable restrictions or conditions which the authority finds necessary for the prevention of fire and explosion, the preservation of life, safety, or the control and security of explosives within the authority’s jurisdiction. If, for any reason, the issuing authority refuses to endorse the permit previously issued in the area of intended use or storage, the authority shall immediately notify both the issuing authority who issued the permit and the Department of Justice of the fact of the refusal and the reasons for the refusal.
(3)CA Health & Safety Code § 12101(c)(3) Every person who sells, gives away, delivers, or otherwise disposes of explosives to another person shall first be satisfied that the person receiving the explosives has a permit valid for that purpose. When the permit to receive explosives indicates that the intended storage or use of the explosives is other than in that area in which the permittee receives the explosives, the person who sells, gives away, delivers, or otherwise disposes of the explosives shall ensure that the permit has been properly endorsed by a local issuing authority and, further, shall immediately send a copy of the record of sale to the issuing authority who originally issued the permit in the area of intended storage or use. The issuing authority in the area in which the explosives are received or sold shall not issue a permit for the possession, use, or storage of explosives in an area not within the authority’s jurisdiction.
(d)CA Health & Safety Code § 12101(d) In the event any person desires to receive explosives for use in an area outside of this state, a permit to receive the explosives shall be obtained from the State Fire Marshal.
(e)CA Health & Safety Code § 12101(e) A permit may include any restrictions or conditions which the issuing authority finds necessary for the prevention of fire and explosion, the preservation of life, safety, or the control and security of explosives.
(f)CA Health & Safety Code § 12101(f) A permit shall remain valid only until the time when the act or acts authorized by the permit are performed, but in no event shall the permit remain valid for a period longer than one year from the date of issuance of the permit.
(g)CA Health & Safety Code § 12101(g) Any valid permit which authorizes the performance of any act shall not constitute authorization for the performance of any act not stipulated in the permit.
(h)CA Health & Safety Code § 12101(h) An issuing authority shall not issue a permit authorizing the transportation of explosives pursuant to this section if the display of placards for that transportation is required by Section 27903 of the Vehicle Code, unless the driver possesses a license for the transportation of hazardous materials issued pursuant to Division 14.1 (commencing with Section 32000) of the Vehicle Code, or the explosives are a hazardous waste or extremely hazardous waste, as defined in Sections 25117 and 25115 of the Health and Safety Code, and the transporter is currently registered as a hazardous waste hauler pursuant to Section 25163 of the Health and Safety Code.
(i)CA Health & Safety Code § 12101(i) An issuing authority shall not issue a permit pursuant to this section authorizing the handling or storage of division 1.1, 1.2, or 1.3 explosives in a building, unless the building has caution placards which meet the standards established pursuant to subdivision (g) of Section 12081.
(j)Copy CA Health & Safety Code § 12101(j)
(1)Copy CA Health & Safety Code § 12101(j)(1) A permit shall not be issued to a person who meets any of the following criteria:
(A)CA Health & Safety Code § 12101(j)(1)(A) He or she has been convicted of a felony.
(B)CA Health & Safety Code § 12101(j)(1)(B) He or she is addicted to a narcotic drug.
(C)CA Health & Safety Code § 12101(j)(1)(C) He or she is in a class prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)CA Health & Safety Code § 12101(j)(2) For purposes of determining whether a person meets any of the criteria set forth in this subdivision, the issuing authority shall obtain two sets of fingerprints on prescribed cards from all persons applying for a permit under this section and shall submit these cards to the Department of Justice. The Department of Justice shall utilize the fingerprint cards to make inquiries both within this state and to the Federal Bureau of Investigation regarding the criminal history of the applicant identified on the fingerprint card.
This paragraph does not apply to any person possessing a current certificate of eligibility issued pursuant to subdivisions (a) to (c), inclusive, of Section 26710 of the Penal Code or to any holder of a dangerous weapons permit or license issued pursuant to Section 31000, 32650, or 33300 of the Penal Code, or pursuant to Sections 18900 to 18910, inclusive, or Sections 32700 to 32720, inclusive, of the Penal Code.
(k)CA Health & Safety Code § 12101(k) An issuing authority shall inquire with the Department of Justice for the purposes of determining whether a person who is applying for a permit meets any of the criteria specified in subdivision (j). The Department of Justice shall determine whether a person who is applying for a permit meets any of the criteria specified in subdivision (j) and shall either grant or deny clearance for a permit to be issued pursuant to the determination. The Department of Justice shall not disclose the contents of a person’s records to any person who is not authorized to receive the information in order to ensure confidentiality. If an applicant becomes ineligible to hold a permit, the Department of Justice shall provide to the issuing authority any subsequent arrest and conviction information supporting that ineligibility.

Section § 12101.5

Explanation

This law says that if you are a licensed pyrotechnic special effects operator, you can have up to 20 pounds of smokeless powder or 5 pounds of black sporting powder, as long as you use it for your business and not for selling to others. You can't give or sell black powder to anyone who isn't also licensed.

Additionally, when storing, using, or handling this powder, you must follow local fire safety laws and regulations.

This chapter does not apply to any possession or use by a person licensed as a pyrotechnic operator—special effects first class of 20 pounds or less of smokeless powder, or five pounds or less of black sporting powder, if all of the following requirements are satisfied:
(a)CA Health & Safety Code § 12101.5(a)  All such powder is for use in the pursuit of the lawful business of such licensee and not for resale, and, in the case of black sporting powder, there shall be no gift, delivery or other disposition to another person who is not licensed as a pyrotechnic operator—special effects first class. Any such licensee may sell, give, deliver, or otherwise dispose of any smokeless or black sporting powder to another such licensee.
(b)CA Health & Safety Code § 12101.5(b)  The storage, use and handling of such smokeless and black powder conforms to rules, regulations, or ordinances of authorities having jurisdiction for fire prevention and suppression in the area of such storage, use, and handling of such explosives.

Section § 12102

Explanation

This law states that possessing or using 20 pounds or less of smokeless powder or one pound or less of black sporting powder is generally allowed, but there are rules. Smokeless powder should only be used to make small arms ammunition of .75 caliber or less.

Black sporting powder is intended for similar use but cannot be given or sold to someone else. Both types of powder must be for personal use, not for resale, and the way they're stored and handled should follow fire safety rules in the area.

This chapter does not apply to any possession or use of 20 pounds or less of smokeless powder, or one pound or less of black sporting powder, provided that:
(a)CA Health & Safety Code § 12102(a)  Smokeless powder is intended only for hand loading of small arms ammunition of .75 caliber or less.
(b)CA Health & Safety Code § 12102(b)  Black sporting powder is intended for loading of small arms or small arms ammunition of .75 caliber or less.
(c)CA Health & Safety Code § 12102(c)  All such powder is for private use and not for resale, and, in the case of black sporting powder, there shall be no gift, delivery, or other disposition to another person.
(d)CA Health & Safety Code § 12102(d)  The storage, use and handling of such smokeless and black powder conforms to rules, regulations, or ordinances of authorities having jurisdiction for fire prevention and suppression in the area of such storage, use, and handling of such explosives.

Section § 12102.1

Explanation

If you sell or give someone up to 20 pounds of smokeless powder or one pound of black sporting powder in California, you need to get a statement from the buyer. This statement must include the buyer's name, address, birth date, the reason for buying the powder, the type and amount of powder, their signature, and some form of ID, like a driver's license number.

If anyone gives a fake name or wrong information, they're committing a misdemeanor. It's important to follow these rules to legally sell or transfer small amounts of these powders.

Any person who sells, gives, delivers or otherwise disposes of 20 pounds or less of smokeless powder, or one pound or less of black sporting powder, shall first obtain a statement from the person who purchases or otherwise receives such powder, which statement shall include:
(a)CA Health & Safety Code § 12102.1(a)  The name, address and birth date of the person purchasing or receiving the powder.
(b)CA Health & Safety Code § 12102.1(b)  The purpose for which the powder is intended to be used, handled, stored, or possessed.
(c)CA Health & Safety Code § 12102.1(c)  The type and amount of the powder.
(d)CA Health & Safety Code § 12102.1(d)  The signature of the person purchasing or receiving the powder.
(e)CA Health & Safety Code § 12102.1(e)  The driver’s license number, selective service card number, or other identifying information concerning the person purchasing or receiving the powder.
Any person furnishing a fictitious name or address or knowingly furnishing an incorrect birth date and any person violating any of the provisions of this section is guilty of a misdemeanor.

Section § 12103

Explanation

To apply for a permit to work with explosives in California, you need to fill out a specific form provided by the State Fire Marshal. The form requires your name and address, and information about anyone responsible for handling the explosives, including if they have a blaster’s license. You must specify where and why the explosives will be used, their type and amount, and provide your signature. Additionally, details about how often you plan to buy, the routes for transportation, and stopping points must be included.

Application for a permit, as required under Section 12101, shall be made by filing a statement on forms prescribed by the State Fire Marshal. Such statement shall contain, but shall not necessarily be limited to, the following:
(a)CA Health & Safety Code § 12103(a)  The name and address of the applicant.
(b)CA Health & Safety Code § 12103(b)  The name and address of the employee or authorized representatives designated by the applicant as being responsible for the use, handling, storage, possession, or transportation of explosives for the applicant and whether the employee or authorized representative has been issued a blaster’s license by the Division of Industrial Safety to use or handle explosives.
(c)CA Health & Safety Code § 12103(c)  The place where, and the purpose for which, the explosives are intended to be used, handled, stored, or possessed.
(d)CA Health & Safety Code § 12103(d)  The type and amount of explosives for which application is made.
(e)CA Health & Safety Code § 12103(e)  The signature of the applicant.
(f)CA Health & Safety Code § 12103(f)  The number of times purchases may be made and the frequency of such purchases.
(g)CA Health & Safety Code § 12103(g)  The routes, highways, and stopping places intended to be utilized in transporting the explosives.

Section § 12105

Explanation

This law outlines the process for obtaining a permit to conduct activities involving explosives. If an applicant has proper facilities and the activity won't harm public safety, a permit may be granted. Storage facilities must comply with strict regulations, and the issuing authority inspects them first.

Applicants might need to provide additional personal information at the authority’s discretion. The permit fee is $10, or $2 if storing 100 pounds or less of explosives. This fee is split between local and state treasuries.

If the issuing authority finds, after reviewing the application for a permit, that the applicant possesses sufficient and adequate facilities to conduct the acts specified in the application, and that the issuance of such permit would not appear to be contrary to the public welfare and safety, he shall issue a permit authorizing the applicant to engage in such specific acts. Before issuing a permit for the storage of explosives, the issuing authority shall first inspect and approve the storage facility. No application for such a permit shall be approved by the issuing authority unless the storage facility is in strict compliance with the regulations adopted by the State Fire Marshal pursuant to Section 12081. In addition, the issuing authority may, at his discretion, require the submission of any personal information relevant to the acts for which application is made.
A permit shall not be issued until after the payment of a fee of ten dollars ($10), unless the quantity of explosives is 100 pounds or less, in which case the fee shall be two dollars ($2). The permit fee shall be equally divided and deposited into the treasury of the city, county, or city and county having jurisdiction over the issuing authority and into the State Treasury.

Section § 12105.1

Explanation

Normally, you have to wait a week after applying for a permit to use explosives. However, if there's an emergency that threatens people or property, a permit can be issued sooner. Also, if you’ve had an explosives permit before and your current reason for needing one is obvious, the issuing authority might give you a permit faster. If nothing happens with your application within 14 days, they must explain the delay to you.

Except in a case in which the issuing authority determines that the explosives are necessary because of an emergency involving a danger to persons or property, no permit shall normally be issued until one week has elapsed after application is made. If the applicant gives evidence that he has previously been issued an explosives permit pursuant to this part and if the legitimacy of the purpose for which the current application is made is clearly apparent to the issuing authority, the issuing authority may in his discretion issue a permit before one week has elapsed. If no affirmative action is taken on the application within 14 days after the application is made, the issuing authority shall explain the cause for such delay to the applicant.

Section § 12105.2

Explanation

This law requires that a copy of every permit issued must be sent to the State Bureau of Criminal Identification and Investigation located in Sacramento.

A copy of each permit issued shall be forwarded to the State Bureau of Criminal Identification and Investigation in Sacramento.

Section § 12106

Explanation

If you're applying for a permit to use explosives, you might need to show proof that you have enough money set aside to cover any potential damage costs to people or property. This can be in the form of a bond, insurance policy, or other type of financial security.

The exact amount you need is decided by the local authority granting the permit. However, these requirements don't apply to public entities, which are government bodies as defined elsewhere.

When required by and in amounts set forth in local ordinance, the applicant for a permit for explosives shall submit evidence that the applicant has a minimum and specified amount of funds available for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit and from which any legal judgment results.
Such evidence, when required, shall be a bond issued by an authorized surety company or a public liability insurance policy or cash or other evidence of financial security acceptable to the State Fire Marshal. The minimum amount of any such bond or insurance policy shall be determined by the appropriate issuing authority.
The provisions of this section do not apply to any public entity, as defined in Section 811.2 of the Government Code.

Section § 12107

Explanation
This law allows the authority responsible for issuing permits to refuse a permit to someone if they believe that person using or managing explosives would pose a risk to property or people.
The issuing authority shall, in the exercise of reasonable discretion, deny a permit to any person if it is his opinion that the handling or use of explosives by such person would be hazardous to property or dangerous to any person.

Section § 12108

Explanation

This section explains that the State Fire Marshal decides how permits for explosives are formatted. When a local agency issues these permits, they must have a number and show the expiration date. If you have any unused explosives, you must return them to where you got them, destroy them, or give them back to the issuing authority as outlined in Section 12087. If you don't do any of these, you need to apply for a new permit.

The form of the permits shall be prescribed by the State Fire Marshal. Permits shall be numbered by the local agency issuing the permit. The permit shall include on its face the date of expiration of the permit. It shall also include a statement to the effect that any unused portion of explosives authorized by the permit shall either be returned to the source from which the explosives were obtained, destroyed, or returned to an appropriate issuing authority in accordance with Section 12087 or, in lieu thereof, application for a new permit shall be made.

Section § 12109

Explanation

The permits are valid for the time period that is mentioned on them, unless Section 12111 says otherwise.

Except as provided in Section 12111, permits shall be valid for the period of time specified thereon.

Section § 12110

Explanation

This law says that if you have a permit issued under this chapter, you can't transfer it to someone else.

No permit issued under the provisions of this chapter shall be transferable.

Section § 12111

Explanation

This law allows a permit for handling explosives to be suspended or revoked if the permit holder uses, sells, or stores the explosives unlawfully or in a way that poses a significant risk to people or property. Before the permit is taken away, the individual must receive notice and have a hearing. The authority revoking or suspending the permit must also inform both the agency that issued the permit and the State Bureau of Criminal Identification and Investigation immediately.

A permit may be suspended or revoked, after reasonable notice and hearing, by any chief or issuing authority in the area in which explosives are sold, used, stored, handled, or possessed, if the person to whom the permit was issued sells, uses, stores, or handles the explosives in a manner which is unlawful or which creates an unreasonable hazard to life and property.
The chief or issuing authority taking action to suspend or revoke a permit shall immediately notify the agency who issued the permit of the action taken and shall also immediately notify the State Bureau of Criminal Identification and Investigation in Sacramento.

Section § 12112

Explanation

If someone disagrees with a decision or action taken by a chief or issuing authority under this section, they can appeal it to the governing body where the decision was made.

Any decision or action by any chief or issuing authority made pursuant to this part may be appealed to the governing body of the area in which such decision or action is made.