Screwed up California laws - 50k fine!?!

[cracker]

This whole safe and sane thing is out of control. Here is a news article from my neck of the woods. $50,000.00 fine and 1 year in jail for firecrackers?!?!?!? Give me a break!!! (no pun intended)

http://www.ksbw.com/news/28374440/detail.html

:mad::mad::mad:

[crackerbomb]

Thats not right........... I thought that we were the land of the free........ I guess that went out the window. Heck if you are driving drunk and hurt somebody I don't think that cost even close to $50,000 and you could have killed someone. The powers to be need to wake up and face reallity.

[Hector]

As the [I]Former[I] Governator would say *Insert Austrian accent* "Your freedom has been Tourminated, Hahalull..." X_X

[Pyro Nation]

WOW...that is ridiculous...right up there with NY

[cracker]

Ok, so I dug up what the actual laws say. It looks Like the city of Seaside is saying that they impose whatever punishment they want with little regard to state law. However, the state laws are very specific as to what punishment is at minimum, and what it is at maximum. It appears that this particular city, and its police department are doing is using fear tactics and threats. It's not untill you get caught with 5000lbs of packaged fireworks, can you be fined a maximum of 50k.

Here is what the law says:

POSSESSION OF DANGEROUS FIREWORKS – PENALTIES



12700 H&S – (a) Except as provided in Section 12702 and subdivision (b), any person who violates any provision of this part, or any regulation issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand ($1,000) or by imprisonment in the county jail for not exceeding 1 year, or by both such fine and imprisonment.



(b) A person who violates any provision of this part or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:



(1) A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction a person shall be punished by a fine of not less than one thousand dollars ($1000) or by imprisonment in the county jail not exceeding one year or by both that fine and imprisonment. (1)



(2) A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in the county jail for not more than one year, or by fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), or by both that fine and imprisonment



(3) A person who possesses a gross weight, including packaging of not less than 100 pounds or more than 5000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in the state prison or the county jail for not more than one year or by a fine of not less than five thousand dollars ($5000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment



(4) A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in the state prison or the county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000), or by both that fine and imprisonment.



12702a H&S - Any person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700



12702b H&S - Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of five thousand dollars ($5000), or by imprisonment in the county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.

[tennpyro1]

I think those people making those laws were drunk when they made them that's rediculous 50k fine for firecrakers so what do you get there for party poppers I don't even want to know

[californiapyro]

50,000 for 5,000 pounds... can we just make the fine $10 a pound?

[Thumpjunkey]

I think a good Attorney would have fun with that one. What is considered dangerous and to who?

[cracker]

50,000 for 5,000 pounds... can we just make the fine $10 a pound?

capyro is thinking!!