SECTIONS 12350-12355 - California Statutes

HEALTH AND SAFETY CODE

SECTION 12350-12355

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 seizure by any chief or police
official.

12351. Any explosives which are illegally manufactured, sold, given
away, delivered, stored, used, possessed, or transported shall be
subject to immediate seizure by any chief, issuing authority, or
peace officer authorized to act under Section 12020. When a permit
issued pursuant to this part has expired and is not immediately
renewed, any explosives in the possession of the permittee shall be
subject to immediate seizure by any chief, issuing authority, or
peace officer authorized to act under Section 12020, unless first
destroyed by the permittee in accordance with Section 12087.

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 seizure by the chief causing
such suspension or revocation.

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 from whom such explosives have been
seized may within 10 days after such seizure petition the governing
body of the area in which such seizure was made to return the
explosives upon the ground that such explosives were illegally or
erroneously seized. Any such petition so filed shall be considered by
the governing body within 15 days after filing and an oral hearing
shall be granted the petitioner if requested. Notice of the decision
of the governing body shall be served upon the petitioner.

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 the governing body is final
unless within 60 days of the notice served pursuant to this chapter,
an action is commenced in a court of competent jurisdiction in the
State of California for the recovery of the explosives seized by the
chief.

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 in the State of California within 60
days of the notice served pursuant to this chapter, the chief may
dispose of the seized explosives in any manner which will not
jeopardize public welfare and safety. When any explosive is disposed
of pursuant to this section, the person from whom such disposed of
explosives were seized shall not have any legal redress against the
chief who caused the disposal of the explosives.