REPOST: Fireworks and What Can Land You in Jail

Around the Bay Area, professional Fourth of July fireworks displays help many celebrate the holiday.

Some, however, remember an earlier time in the Valley when families would celebrate at home with fireworks purchased at ubiquitous roadside stands that now only exist in this county and  in Santa Cruz County. Wildfire concerns put the brakes on that, too. Sales of fireworks have long since been banned in all other cities.

If you plan to participate in a non-professional fireworks display, you need to know these three things about fireworks in Santa Clara County, according to the Santa Clara County District Attorney's Office, which Patch has reposted from 2011:

1. What is the fine/penalty for possession of illegal fireworks?  

Under California Health & Safety Code section 12677, it is unlawful for any person to possess dangerous fireworks without holding a valid permit. 

Any person who violates this law is guilty of a misdemeanor, and may be punished by a fine ranging from $500 and $1000 and/or imprisonment in the county jail up to a year.  (See HSC 12700[a].)  

2. Are there related charges (distribution of illegal fireworks, use of illegal fireworks?)  

There are many charges related to the illegal possession and distribution of fireworks.

These charges include:

• Illegal advertising of fireworks (HSC 12670);
• Conducting an illegal fireworks display (HSC 12685);
• Illegal sale of fireworks (HSC 12687, 12671, 12676);
• and illegal storage of fireworks (HSC 12673).  

3. What are those penalties?  

The penalties for fireworks-related offense are generally codified in California Health & Safety Code section 12700. 

At the low end, the penalties include a misdemeanor conviction, a fine ranging from $500 to $1000 and/or imprisonment in the county jail for up to one year. 

At the high end, the penalties include a felony conviction, fines up to $50,000, and/or imprisonment in state prison for three years.  Please consult the Health and Safety Code for specific answers regarding the penalties for particular offenses.

- L.A. Chung contributed to this report

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