Explosive Permit

What is an Explosive?

Health and Safety Code section 12000 defines an explosive(s) as “any substance, or combination of substances, the primary or common purpose of which is detonation or rapid combustion, and which is capable of a relatively instantaneous or rapid release of gas and heat,” or “any substance, the primary purpose of which, when combined with others, is to form a substance capable of a relatively instantaneous or rapid release of gas and heat.” This definition also includes any explosives defined in United States Code, title 18, section 841, and any material designated as an explosive by the State Fire Marshal. Some examples of explosives include: dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, black powder, smokeless powder, propellant explosives, detonating primers, blasting caps, or commercial boosters. Other examples are described in Health and Safety Code section 12000. (Health and Safety Code - HSC § 12000).

Who needs an Explosive Permit (EP)?

Under Health and Safety Code section 12101, an explosive permit is generally required before a person engages in one of the following activities:

  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; or
  7. Park or leave standing any vehicle carrying explosives, except when parked or left standing in or at a safe stopping place designated by the Department of the California Highway Patrol under Division 14 (commencing with Section 31600) of the Vehicle Code.

Health & Safety Code - HSC § 12101-12112

How do I apply for an Explosive Permit?

Applicants must apply for an Explosive Permit through their local issuing authority, typically a sheriff’s office, municipal police department, or fire department. Issuing authorities will also collect the designated fees from the applicant. (Health & Safety Code, § 12105.) The application process is described in Health and Safety Code section 12101, and “issuing authority” is defined in section 12007.

Once an application has been submitted to the issuing authority, that agency will forward the applicant’s fingerprint impressions to the California Department of Justice (DOJ). After the DOJ has received the fingerprint impressions from the issuing authority, the DOJ will conduct a state and federal criminal history background check. The DOJ will deny clearance for a permit if the background check reveals that applicant meets one of the following three criteria: (1) He or she has been convicted of a felony; (2) He or she is addicted to a narcotic drug; or (3) He or she is in a class prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. Otherwise, the DOJ will grant clearance for a permit. The DOJ will notify the issuing authority whether it denies or grants clearance. (Health & Safety Code, § 12101, subds. (j), (k).)

After the issuing authority has received this notification from the DOJ, the issuing authority will determine whether to issue the permit as outlined under Health and Safety Code sections 12105.

If the permit is issued, the issuing authority is required to forward a copy of the permit to the following address:

Department of Justice
Bureau of Firearms
Business Compliance Unit – COE Unit
P.O Box 160487
Sacramento, CA 95816-0487

Once an Explosive Permit is issued, are there any restrictions on the permit?

An explosive permit may include restrictions or conditions deemed necessary by the issuing authority as described in Health and Safety Code section 12101, subdivision (e).

“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.” (Health & Safety Code, § 12101, subd. (f).)

Additionally, a permit can be revoked at any time if the permit holder becomes prohibited from possessing or owning firearms under state or federal law. (Health & Safety Code, § 12101, subd. (k).)

If I have a Certificate of Eligibility (COE) or a Dangerous Weapons Permit (DWP), do I need to undergo a background check to obtain an Explosive Permit (EP)?

No. As explained in Health and Safety Code section 12101, subdivision (j)(2), a COE or DWP exempts an EP applicant from undergoing a fingerprint-based background check by the DOJ as part of the EP application process. However, there are other application requirements that vary from one local issuing authority to another and interested applicants should inquire directly with their local issuing authority to prepare accordingly.

Additional information and resources relating to a COE application or DWP application are available here: