Section 12761 Of Chapter 3. Enforcement And Penalties From California Health And Safety Code >> Division 11. >> Part 3. >> Chapter 3.

. Any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit issued pursuant to this part is guilty of a public offense and, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one year, or in the state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both imprisonment and fine.