Are my fireworks illegal in Orange County?
Depending on what kind of fireworks someone has, and where they’d like to set them off, citizens of California may be committing a crime punishable by a fine up to $50,000 and/or 1 year in jail.
Also, if you cause any injury or fire (even accidentally), you likely can be held liable for the fire suppression, property damage, and personal injury costs.
Which fireworks are illegal in California?
Fireworks are split into two types under California’s fireworks laws: dangerous fireworks and “safe and sane” fireworks.
Dangerous fireworks are always illegal to use except by licensed operators. These include large items like rockets, or sparklers that are longer than 10 inches or thicker than a quarter-inch in diameter.
Safe-and-sane fireworks are small items like snap caps, fountains, and spinners.
Which fireworks are legal in California?
All safe-and-sane fireworks must display a “State of California, State Fire Marshall Registered Fireworks” seal. If the firework product does not have this seal, it is an illegal firework.
Before using fireworks, people should call or visit the website of their local fire department such as the Orange County Fire Authority or Anaheim Fire Department, as local fireworks departments typically welcome questions about local firework restrictions.
California’s State Fire Marshal maintains and updates its documentation to help California residents.
On the official Office of the State Fire Marshal website, visitors can find an updated list of specific products that are considered “safe-and-sane” fireworks (source 1), as well as a “cheat sheet” of Fireworks Violations (source 2) and other helpful information.
Additionally, unless stricter local laws apply, only licensed retailers can sell safe-and-sane fireworks to the general public between June 28 and July 6 of every year.
It is illegal for anyone who sells safe and sane fireworks outside of this period according to California Health and Safety Code (HSC) 12672 (source 3).
Are Snap Caps and Party Poppers exceptions to California’s fireworks laws?
In some senses, yes.
According to an informational bulletin issued by the California State Fire Marshal in June 2023, snap cap and party poppers are “pyrotechnic devices” that should not be confused with “dangerous fireworks” and “safe-and-sane fireworks”, as defined by California law.
Therefore, snap caps and party poppers can generally be sold, possessed, and used by the public at any time year-round, unless otherwise regulated by local laws that specifically apply to party poppers and snap caps. (source 4)
Is it legal to give a minor fireworks in California?
NO.
According to California Health and Safety Code (HSC) 12702 (source 5), it is illegal to sell or give dangerous fireworks to anyone under 18 years old, and to sell or give safe-and-sane fireworks to anyone under 16 years old.
Anyone who violates HSC 12702 can be charged with the misdemeanor of furnishing dangerous fireworks to a minor, punishable up to 1 year in jail and/or a fine up to $1,000. Any repeated violations of HSC 12702 will be punishable by up to 1 year in jail and/or a fine up to $10,000, without any chance of probation.
Does Orange County have strict fireworks laws?
Yes. The local ordinances of Orange County’s many cities take precedence over California’s statewide fireworks laws.
This means that even if a consumer’s use of fireworks is legal under state law, it can still be illegal and lead to their arrest according to local laws.
Generally, all fireworks are illegal to use in Orange County, aside from the 11 cities where safe and sane fireworks are permitted for use (source 6).
What cities in Orange County allow fireworks?
Anaheim
Buena Park
Costa Mesa
Fullerton
Garden Grove
Huntington Beach
Los Alamitos
Santa Ana
Stanton
Villa Park
Westminster
Note, these cities only allow safe and sane fireworks to be used. Dangerous fireworks are illegal across California to be used by anyone other than licensed operators. (source 6)
Are fireworks banned in California parks, harbors, or beaches?
Yes.
Additionally, fireworks are prohibited in the following areas:
All California state and Orange County parks
Orange County harbors
All California State, Orange County, or local City beaches.
Within unincorporated areas (such as neighborhoods near the intersection of Katella-Rustic streets, Beach-McFadden, or within North Tustin, North Fountain Valley, Bolsa Chica)
In the Cleveland National Forest.
- (source 6)
How dangerous are illegal fireworks?
The US Consumer Product Safety Commission (CPSC)’s annual report in 2023 states that 9,700 people in America suffered injuries that had to be treated in the ER. 6,400 of those 9,700 injuries were treated in the ER within a one month span from June 16, 2023 to July 16, 2023. This means that nearly 2/3rds of the estimated total emergency injuries suffered in 2023 in America occurred within the Independence Day holiday season.
Within the one-month period, 41% of the 6,400 injuries treated in the ER had occurred to the patient’s head, face, ear. and eyes, while 35% occurred to the patient’s hands and fingers.
Additionally, data provided by the CPSC report states that the average amount of injuries increases by 561 every year due to fireworks, as measured from 2008 to 2023. (source 7)
What is the punishment for using illegal fireworks in Orange County?
Using illegal fireworks, as of time of writing, has been declared by California’s Department of Forestry and Fire Protection (Cal Fire) to be punishable by a fine up to $50,000 as well as one year in county jail (source 6).
If you have suffered injuries or property damage from the usage of fireworks or any resultant fires, don’t wait to win!
The experienced attorneys of Win Nguyen Law are proud to have served the Orange County communities of Westminster, Garden Grove, Santa Ana, Anaheim, Irvine, Huntington Beach, Stanton, Fountain Valley, Buena Park, and more with a modern and efficient approach to maximizing the rightful compensation for our clients.
Sources:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12672.&lawCode=HSC
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=12702
https://ocfa.org/Uploads/SafetyPrograms/OCFA%20-%20Firework%20Fact%20Sheet%20FINAL%20(English).pdf
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