PART 1. HIGH EXPLOSIVES [12000. - 12401.]

Part 1 repealed and added by Stats. 1967, Ch. 1497.

§§ 12000–12401 · 56 sections

1. CHAPTER 1. Definitions and Scope §§ 12000–12007 · 9 sections

   • § 12000 For the purposes of this part, “explosives” means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid…
   • § 12001 This part does not apply to any of the following: (a) Any person engaged in the transportation of explosives regulated by, and when subject to, the provisions…
   • § 12002 Except when transporting explosives on highways and at safe stopping places established under the provisions of Division 14 (commencing with Section 31600) of…
   • § 12003 “Chief” means the Director of Forestry and Fire Protection and his or her authorized representatives, the chief of a fire department or fire protection agency…
   • § 12004 For the purposes of this part, the term “person” shall mean any person, organization, firm, corporation, association, city, county, city and county, and state,…
   • § 12005 This part does not apply to the transportation and use of explosives by representatives of the California Highway Patrol, the State Bureau of Criminal…
   • § 12005.5 (a) This part shall not apply to the possession, handling, storage, transportation, or use of not more than 10 pounds of blasting agents (division 1.5…
   • § 12006 The provisions of this part and the regulations adopted by the State Fire Marshal pursuant to this part do not apply when the use, handling, possession,…
   • § 12007 (a) For the purposes of this part, the term “issuing authority” shall mean either the sheriff of a county, or the chief or other head of a municipal police…
2. CHAPTER 2. Enforcement § 12020 · 1 section

   • § 12020 The chief and the issuing authority, as defined in Sections 12003 and 12007, respectively, shall in their areas of jurisdiction enforce the provisions of this…
3. CHAPTER 3. General §§ 12080–12092 · 13 sections

   • § 12080 (a) No person shall sell, give away, or transport any explosive which has not been classified as provided in Section 12000. (b) The State Fire Marshal, upon…
   • § 12081 Except as limited by Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code and Section 18930, the State Fire Marshal shall prepare and adopt,…
   • § 12082 No explosives shall be sold, furnished, or given away to any person under 21 years of age, whether such person is acting for himself or for another person, nor…
   • § 12083 With the exception of the chief, the owner, a person authorized to enter by the owner, or the owner’s agent, no person shall enter any explosive manufacturing…
   • § 12084 No person shall willfully discharge any firearm within 500 feet of any magazine or any explosive manufacturing plant.
   • § 12085 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…
   • § 12086 Any theft or loss of explosives, whether from a storage magazine, a vehicle in which they are being transported, or from a site on which they are being used,…
   • § 12087 No person shall abandon or otherwise dispose of any explosives in any manner which might, as the result of such abandonment or disposal, create any danger or…
   • § 12088 The contents of a package containing explosives shall be plainly marked on the outside of the package at the time the package is delivered for transportation.…
   • § 12089 Except when transporting explosives received under Section 12102 of this code, every motor vehicle used in the transportation of explosives and which is…
   • § 12090 There shall not be included in any cargo of explosives any flammable or combustible liquids, acids, or corrosive liquids, oxidizers, or combustible materials,…
   • § 12091 Blasting caps or similar primary explosive initiation devices shall not be transported upon any vehicle equipped with a radio transmitter or other device which…
   • § 12092 Any person who violates any of the requirements prescribed by regulation adopted pursuant to Section 12081 or 12151 shall be assessed a civil penalty of up to…
4. CHAPTER 4. Permits §§ 12101–12112 · 15 sections

   • § 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)…
   • § 12101.5 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…
   • § 12102 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:…
   • § 12102.1 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…
   • § 12103 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…
   • § 12105 If the issuing authority finds, after reviewing the application for a permit, that the applicant possesses sufficient and adequate facilities to conduct the…
   • § 12105.1 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,…
   • § 12105.2 A copy of each permit issued shall be forwarded to the State Bureau of Criminal Identification and Investigation in Sacramento.
   • § 12106 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…
   • § 12107 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…
   • § 12108 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…
   • § 12109 Except as provided in Section 12111, permits shall be valid for the period of time specified thereon.
   • § 12110 No permit issued under the provisions of this chapter shall be transferable.
   • § 12111 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,…
   • § 12112 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…
5. CHAPTER 5. Sale or Other Disposition §§ 12120–12124 · 5 sections

   • § 12120 No person shall knowingly sell, give away, deliver, or otherwise dispose of any explosive to any person who does not possess a valid permit as required…
   • § 12121 Every person who possesses, stores, uses, sells, gives away, delivers, or otherwise disposes of explosives shall keep an accurate journal, record book, or a…
   • § 12122 Each notation in the journal, record book, or each record of sale, as required by Section 12121, shall legibly show: (a) The date of each purchase or receipt,…
   • § 12123 The journal, record book or record of sale shall be kept by the person required to keep it in his principal office or place of business. It shall be at all…
   • § 12124 The keeping of a journal, record book, or record of sale required by Sections 12121, 12122, and 12123 does not apply to those persons who are rendering a…
6. CHAPTER 6. Storage §§ 12150–12151 · 3 sections

   • § 12150 Except for explosives kept only at an explosive manufacturing plant, no person shall possess, keep, or store any explosive which is not completely encased in a…
   • § 12150.5 Every person having any blasting caps (electric or nonelectric) in his possession or control shall keep the same securely deposited in a locked approved…
   • § 12151 Except while in the custody of a common carrier or in course of transportation pending delivery to a consignee, all explosives shall be kept or stored as…
7. CHAPTER 7. Illegal Use or Possession §§ 12303–12305 · 2 sections

   • § 12303 “Lawful possession of an explosive,” as used in this chapter, means possessing explosives in accordance with the stated purpose and conditions of a valid…
   • § 12305 Every person not in the lawful possession of an explosive who knowingly has any explosive in his possession is guilty of a felony.
8. CHAPTER 8. Confiscation §§ 12350–12355 · 6 sections

   • § 12350 Except as provided in subdivision (b) of Section 12080, any unclassified explosives which are sold, given away, or transported shall be subject to immediate…
   • § 12351 Any explosives which are illegally manufactured, sold, given away, delivered, stored, used, possessed, or transported shall be subject to immediate seizure by…
   • § 12352 When a permit issued pursuant to this part has been suspended or revoked any explosives in the possession of such permittee shall be subject to immediate…
   • § 12353 Any explosive seized under this chapter shall be stored in an approved manner and in accordance with regulations adopted by the State Fire Marshal. The person…
   • § 12354 If the governing body finds that the explosives were illegally or erroneously seized, the explosives shall be returned to the petitioner. The determination of…
   • § 12355 If no petition is received by the governing body within 10 days of seizure of any explosive, or if no action is commenced in a court of competent jurisdiction…
9. CHAPTER 9. Penalties §§ 12400–12401 · 2 sections

   • § 12400 Except as provided in Chapter 7 (commencing with Section 12302), Part 1, Division 11 of the Health and Safety Code, every person who violates any provision of…
   • § 12401 Every person who is found guilty of a felony as specified in this part is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal…