2005 California Health and Safety Code Sections 12101-12112 CHAPTER 4. PERMITS

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) 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
insure 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 Section 8100 or 8103 of
the Welfare and Institutions Code or Section 12021 or 12021.1 of the
Penal Code.
   (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 paragraph (4) of
subdivision (a) of Section 12071 or to any holder of a dangerous
weapons permit or license issued pursuant to Section 12095, 12230,
12250, 12286, or 12305 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.
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 smokeless powder, or five pounds or
less of black sporting powder, if all of the following requirements
are satisfied:
   (a) All such powder is for use in the pursuit of the lawful
business of such licensee and not for resale, and, in the case of
black sporting powder, there shall be no gift, delivery or other
disposition to another person who is not licensed as a pyrotechnic
operator--special effects first class.  Any such licensee may sell,
give, deliver, or otherwise dispose of any smokeless or black
sporting powder to another such licensee.
   (b) The storage, use and handling of such smokeless and black
powder conforms to rules, regulations, or ordinances of authorities
having jurisdiction for fire prevention and suppression in the area
of such storage, use, and handling of such explosives.
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:
   (a) Smokeless powder is intended only for hand loading of small
arms ammunition of .75 caliber or less.
   (b) Black sporting powder is intended for loading of small arms or
small arms ammunition of .75 caliber or less.
   (c) All such powder is for private use and not for resale, and, in
the case of black sporting powder, there shall be no gift, delivery,
or other disposition to another person.
   (d) The storage, use and handling of such smokeless and black
powder conforms to rules, regulations, or ordinances of authorities
having jurisdiction for fire prevention and suppression in the area
of such storage, use, and handling of such explosives.
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 first obtain a statement from
the person who purchases or otherwise receives such powder, which
statement shall include:
   (a) The name, address and birth date of the person purchasing or
receiving the powder.
   (b) The purpose for which the powder is intended to be used,
handled, stored, or possessed.
   (c) The type and amount of the powder.
   (d) The signature of the person purchasing or receiving the
powder.
   (e) The driver's license number, selective service card number, or
other identifying information concerning the person purchasing or
receiving the powder.
   Any person furnishing a fictitious name or address or knowingly
furnishing an incorrect birth date and any person violating any of
the provisions of this section is guilty of a misdemeanor.
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 shall contain, but shall not
necessarily be limited to, the following:
   (a) The name and address of the applicant.
   (b) The name and address of the employee or authorized
representatives designated by the applicant as being responsible for
the use, handling, storage, possession, or transportation of
explosives for the applicant and whether the employee or authorized
representative has been issued a blaster's license by the Division of
Industrial Safety to use or handle explosives.
   (c) The place where, and the purpose for which, the explosives are
intended to be used, handled, stored, or possessed.
   (d) The type and amount of explosives for which application is
made.
   (e) The signature of the applicant.
   (f) The number of times purchases may be made and the frequency of
such purchases.
   (g) The routes, highways, and stopping places intended to be
utilized in transporting the explosives.
12105.  If the issuing authority finds, after reviewing the
application for a permit, that the applicant possesses sufficient and
adequate facilities to conduct the acts specified in the
application, and that the issuance of such permit would not appear to
be contrary to the public welfare and safety, he shall issue a
permit authorizing the applicant to engage in such specific acts.
Before issuing a permit for the storage of explosives, the issuing
authority shall first inspect and approve the storage facility.  No
application for such a permit shall be approved by the issuing
authority unless the storage facility is in strict compliance with
the regulations adopted by the State Fire Marshal pursuant to Section
12081.  In addition, the issuing authority may, at his discretion,
require the submission of any personal information relevant to the
acts for which application is made.
   A permit shall not be issued until after the payment of a fee of
ten dollars ($10), unless the quantity of explosives is 100 pounds or
less, in which case the fee shall be two dollars ($2).  The permit
fee shall be equally divided and deposited into the treasury of the
city, county, or city and county having jurisdiction over the issuing
authority and into the State Treasury.
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, no permit shall normally be issued
until one week has elapsed after application is made.  If the
applicant gives evidence that he has previously been issued an
explosives permit pursuant to this part and if the legitimacy of the
purpose for which the current application is made is clearly apparent
to the issuing authority, the issuing authority may in his
discretion issue a permit before one week has elapsed.  If no
affirmative action is taken on the application within 14 days after
the application is made, the issuing authority shall explain the
cause for such delay to the applicant.
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 and specified amount of
funds available for the purpose of the payment of all damages to
persons or property which arise from, or are caused by, the conduct
of any act authorized by the permit and from which any legal judgment
results.
   Such evidence, when required, shall be a bond issued by an
authorized surety company or a public liability insurance policy or
cash or other evidence of financial security acceptable to the State
Fire Marshal.  The minimum amount of any such bond or insurance
policy shall be determined by the appropriate issuing authority.
   The provisions of this section do not apply to any public entity,
as defined in Section 811.2 of the Government Code.
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 by such person would be hazardous to
property or dangerous to any person.
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 include on its face the date of
expiration of the permit.  It shall also include a statement to the
effect that any unused portion of explosives authorized by the permit
shall either be returned to the source from which the explosives
were obtained, destroyed, or returned to an appropriate issuing
authority in accordance with Section 12087 or, in lieu thereof,
application for a new permit shall be made.
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, stored, handled, or possessed, if
the person to whom the permit was issued sells, uses, stores, or
handles the explosives in a manner which is unlawful or which creates
an unreasonable hazard to life and property.
   The chief or issuing authority taking action to suspend or revoke
a permit shall immediately notify the agency who issued the permit of
the action taken and shall also immediately notify the State Bureau
of Criminal Identification and Investigation in Sacramento.
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 action is made.