§ 12101. — 12101. (Amended by Stats. 2010, Ch. 178, Sec. 38.)

California § 12101.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 11.: DIVISION 11. EXPLOSIVES
• Part 1.: PART 1. HIGH EXPLOSIVES
• Ch. 4.: CHAPTER 4. Permits

Text

(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)
Manufacture explosives.
(2)
Sell, furnish, or give away explosives.
(3)
Receive, store, or possess explosives.
(4)
Transport explosives.
(5)
Use explosives.
(6)
Operate a terminal for handling explosives.
(7)
Park or leave standing any vehicle carrying explosives, except when parked or left standing in or at a safe stopping place designated as such by the Department of the California Highway Patrol under Division 14 (commencing with Section 31600) of the Vehicle Code.
(b)
Application for a permit shall be made to the appropriate issuing authority.
(c)
(1)
A permit shall be obtained from the issuing authority having the responsibility in the area where the activity, as specified in subdivision (a), is to be conducted.
(2)
If the person holding a valid permit for the use or storage of explosives desires to purchase or receive explosives in a jurisdiction other than that of intended use or storage, the person shall first present the permit to the issuing authority in the jurisdiction of
purchase or receipt for endorsement. The issuing authority may include any reasonable restrictions or conditions which the authority finds necessary for the prevention of fire and explosion, the preservation of life, safety, or the control and security of explosives within the authority’s jurisdiction. If, for any reason, the issuing authority refuses to endorse the permit previously issued in the area of intended use or storage, the authority shall immediately notify both the issuing authority who issued the permit and the Department of Justice of the fact of the refusal and the reasons for the refusal.
(3)
Every person who sells, gives away, delivers, or otherwise disposes of explosives to another person shall first be satisfied that the person receiving the explosives has a permit valid for that purpose. When the permit to receive explosives indicates that the intended storage or use of the explosives is other than in that area in which the
permittee receives the explosives, the person who sells, gives away, delivers, or otherwise disposes of the explosives shall ensure that the permit has been properly endorsed by a local issuing authority and, further, shall immediately send a copy of the record of sale to the issuing authority who originally issued the permit in the area of intended storage or use. The issuing authority in the area in which the explosives are received or sold shall not issue a permit for the possession, use, or storage of explosives in an area not within the authority’s jurisdiction.
(d)
In the event any person desires to receive explosives for use in an area outside of this state, a permit to receive the explosives shall be obtained from the State Fire Marshal.
(e)
A permit may include any restrictions or conditions which the issuing authority finds necessary for the prevention of fire and
explosion, the preservation of life, safety, or the control and security of explosives.
(f)
A permit shall remain valid only until the time when the act or acts authorized by the permit are performed, but in no event shall the permit remain valid for a period longer than one year from the date of issuance of the permit.
(g)
Any valid permit which authorizes the performance of any act shall not constitute authorization for the performance of any act not stipulated in the permit.
(h)
An issuing authority shall not issue a permit authorizing the transportation of explosives pursuant to this section if the display of placards for that transportation is required by Section 27903 of the Vehicle Code, unless the driver possesses a license for the transportation of hazardous materials issued pursuant to Division 14.1
(commencing with Section 32000) of the Vehicle Code, or the explosives are a hazardous waste or extremely hazardous waste, as defined in Sections 25117 and 25115 of the Health and Safety Code, and the transporter is currently registered as a hazardous waste hauler pursuant to Section 25163 of the Health and Safety Code.
(i)
An issuing authority shall not issue a permit pursuant to this section authorizing the handling or storage of division 1.1, 1.2, or 1.3 explosives in a building, unless the building has caution placards which meet the standards established pursuant to subdivision (g) of Section 12081.
(j)
(1)
A permit shall not be issued to a person who meets any of the following criteria:
(A)
He or she has been convicted of a felony.
(B)
He or she is addicted to a narcotic drug.
(C)
He or she is in a class prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)
For purposes of determining whether a person meets any of the criteria set forth in this subdivision, the issuing authority shall obtain two sets of fingerprints on prescribed cards from all persons applying for a permit under this section and shall submit these cards to the Department of Justice. The Department of Justice shall utilize the fingerprint cards to make inquiries both within this state and to the Federal Bureau of Investigation regarding the criminal history of the applicant identified on the fingerprint card.
This paragraph does not apply to any person possessing a current certificate of eligibility issued pursuant to subdivisions (a) to
(c), inclusive, of Section 26710 of the Penal Code or to any holder of a dangerous weapons permit or license issued pursuant to Section 31000, 32650, or 33300 of the Penal Code, or pursuant to Sections 18900 to 18910, inclusive, or Sections 32700 to 32720, inclusive, of the Penal Code.
(k)
An issuing authority shall inquire with the Department of Justice for the purposes of determining whether a person who is applying for a permit meets any of the criteria specified in subdivision (j). The Department of Justice shall determine whether a person who is applying for a permit meets any of the criteria specified in subdivision (j) and shall either grant or deny clearance for a permit to be issued pursuant to the determination. The Department of Justice shall not disclose the contents of a person’s records to any person who is not authorized to receive the information in order to ensure confidentiality. If an applicant becomes ineligible to hold a
permit, the Department of Justice shall provide to the issuing authority any subsequent arrest and conviction information supporting that ineligibility.

Legislative History

Amended by Stats. 2010, Ch. 178, Sec. 38. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.