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Can My Teen Be Charged for Illegal Fireworks in Orange County?

Law Offices of William W. Bruzzo

A teen caught with fireworks in Orange County can face a juvenile petition, and what happens next turns on which fireworks and which city. Dangerous fireworks are illegal everywhere in California without a permit. Safe and sane fireworks are legal in only twelve Orange County cities, and most of those allow them on July 4 alone.

Nothing in California’s fireworks law reduces the penalty because the person is under 18. The leniency comes from the juvenile code instead, which is why the Law Office of Katie Walsh reads the citation and the city ordinance together.

Which Fireworks Are Illegal for a Teen in Orange County?

California splits fireworks into two categories, and the split decides everything. Health and Safety Code 12505 defines dangerous fireworks, which no one may possess without a permit.

That category is broader than most families expect.

  • Firecrackers, skyrockets and bottle rockets, Roman candles and chasers.
  • Sparklers longer than 10 inches or thicker than a quarter inch.
  • Any fireworks kit, and any device the State Fire Marshal has found unsafe.

Safe and sane fireworks, defined in Health and Safety Code 12529, carry the State Fire Marshal seal. The Orange County Fire Authority names twelve cities that permit them, and everywhere else in the county all fireworks including sparklers are banned. Anaheim permits them on July 4 but bans everything year-round in east Anaheim.

One rule reaches minors directly. Under Health and Safety Code 12689, a minor may not possess a rocket or launcher without written parental permission or a parent present.

What Happens After a Fireworks Citation, and Who Decides?

A teen is not charged with a crime. Under Welfare and Institutions Code 602, the district attorney files a petition asking the court to declare the minor a ward, and the 602 petition process runs without a jury. That section also reaches city ordinance violations, so a local fireworks citation can support a petition.

The realistic first-offense outcome sits earlier. Welfare and Institutions Code 654 lets probation order up to six months of supervision in lieu of filing anything, and section 654.2 allows the same six months after a petition, with dismissal on completion.

Both routes require the consent of the teen and a parent, which is the moment to have an Orange County juvenile defense attorney review what is being agreed to.

What Can a Fireworks Case Cost a Parent?

Two separate tracks run at once. Health and Safety Code 12700 makes possession of under 25 pounds of dangerous fireworks a misdemeanor carrying a fine of not less than $1,000 nor more than $2,000. Cities impose their own administrative fines on top. Buena Park publishes $1,000 for a first violation and doubles it for a social host, while Stanton publishes $100 for misusing legal fireworks.

Parents are not bystanders to the money. Under Welfare and Institutions Code 730.7 a parent with custody is rebuttably presumed jointly liable for restitution and fines. A fire chief may also seize the fireworks and bill for storage under Health and Safety Code 12721, though those charges must be refunded if the case does not end in a conviction.

A late-night stop often produces more than one citation, and a curfew violation is a common companion to a fireworks case.

Call the Law Office of Katie Walsh About Your Teen’s Fireworks Citation

Informal supervision is the outcome worth protecting, and it is easiest to protect before a parent signs anything at the probation interview. Our Orange County juvenile defense lawyer is a former Orange County prosecutor who handled juvenile cases at the Lamoreaux Justice Center. Call (714) 351-0178 or contact us online for a free consultation.

Client Reviews

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