Health and Safety Code 12085 HS prohibits possessing, making, or transporting illegal explosives. California HSC 12085 makes it clear how explosives in California can be handled and what authorities prohibit them. The law states:
“No person shall make, possess, or transport any explosive in a manner prohibited by this part or prohibited by any ordinance of a city, county, or city and county, or prohibited by the laws or regulations governing a harbor in those areas where such ordinance, laws, or regulations apply.”
Health and Safety Code 12085 Violations
For a person to be in violation of California HSC 12085 they must be found guilty of one of the following acts:
- Having explosives in their possession
- Possessing or transporting explosives in a manner prohibited by HSC 12085 or prohibited by any city or county ordinance
- Possessing or transporting explosives in a manner prohibited by laws and regulations of a governing harbor
Illegal explosives refer to things such as dynamite, pipe bombs, molotovs, and illegal fireworks. Possessing and transporting illegal explosives would be if someone made their own fireworks illegally and then gave them to a friend. The person who created the illegal fireworks, as well as the friend who transported them and stored them, could be charged. A HSC 12085 violation is a misdemeanor punishable by up to 6 months in jail with fines up to $1000.
Fireworks that Violate Health and Safety Code 12085
In California, fireworks can be classified as safe or dangerous. Due to the desert climate of California, the Golden State is always under threat of forest fires. So, it is imperative that all California citizens understand what constitutes a legal and illegal firework.
- Safe fireworks: snap caps, sparklers, fountains, and spinners are classified as safe fireworks. These fireworks are permitted to be sold to the public by licensed sellers between June 28th – July 6th.
- Dangerous fireworks: these include rockets, large sparklers, and other projectile fireworks. Only professional pyrotechnic teams are permitted to launch “dangerous” fireworks into the sky on specific holidays and events.
Possessing illegal fireworks are typically considered misdemeanors. However, if a person possess large quantities, then they could be charged with a felony and face up to three years in prison with fines up to $50,000.
Laws Associated with Explosive Possession Crimes in California
Explosive possession can be found in the Health and Safety Code and Penal Code of California Law.
Penal Code 18710 PC – Possessing explosives or destructive devices. This law covers anyone possessing destructive explosives such as bombs, grenades, or missiles. This offense is a wobbler as it can be considered a misdemeanor or a felony based on the details of the violation.
Penal code 18720 PC – Possessing the materials to make a destructive device. Anyone who possess the materials to make destructive devices listed in Penal Code 18710 PC can also be charge with a misdemeanor or a felony depending on the severity of the offense.
Penal Code 18725 PC – Carrying a destructive or explosive device an any vessel. The law specifies vessels as aircrafts, cars, incendiary device, or in checked baggage. Transporting explosives in any of these devices is considered a felony with up to 2 to 6 years in prison.
Defenses for explosive violations are few and far between. However, the most common defenses for HSC 12085 violations include:
- The charged person did not make, posses, or transport anything explosive
- The explosive device was possessed, made, or transported in accordance with a city or county ordinance
- The charged person was arrested for this violation without probable cause
Contact an Explosives Injury Lawyer in California
If you or a loved one has been injured due to an illegal explosive, the personal injury attorneys at Maison Law can get you the compensation you need. Breaking the law and putting others lives in danger in the process is unacceptable. Our firm will aggressively pursue compensation from the liable parties and get you the help you need to fee like yourself again. Contact Maison Law today for a free consultation and case evaluation. No upfront money is required and we don’t get paid unless we win your case.
