High ExplosivesPermits
Section § 12101
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.
Section § 12101.5
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.
Section § 12102
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.
Section § 12102.1
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.
Section § 12103
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.
Section § 12105
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.
Section § 12105.1
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.
Section § 12105.2
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.
Section § 12106
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.
Section § 12107
Section § 12108
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.
Section § 12109
The permits are valid for the time period that is mentioned on them, unless Section 12111 says otherwise.
Section § 12110
This law says that if you have a permit issued under this chapter, you can't transfer it to someone else.
Section § 12111
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.
Section § 12112
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.