Raymond Lee Oyler, 36, of Beaumont, was arrested Tuesday afternoon on two counts of arson linked to June wildfires in the Banning Pass area and two counts of possessing fire-making materials, according to the Riverside County Sheriff's Department.
Cal Pen Code § 453 (2006)
§ 453. Possession, manufacture, or use of flammable or combustible substance or incendiary device
(a) Every person who possesses, manufactures, or disposes of any flammable, or combustible material or substance, or any incendiary device in an arrangement or preparation, with intent to willfully and maliciously use this material, substance, or device to set fire to or burn any structure, forest land, or property, shall be punished by imprisonment in the state prison, or in a county jail, not exceeding one year.
(b) For the purposes of this section:
(1) "Disposes of" means to give, give away, loan, offer, offer for sale, sell, or transfer.
(2) "Incendiary device" means a device that is constructed or designed to start an incendiary fire by remote, delayed, or instant means, but no device commercially manufactured primarily for the purpose of illumination shall be deemed to be an incendiary device for the purposes of this section.
(3) "Incendiary fire" means a fire that is deliberately ignited under circumstances in which a person knows that the fire should not be ignited.
(c) Subdivision (a) does not prohibit the authorized use or possession of any material, substance or device described therein by a member of the armed forces of the United States or by firemen, police officers, peace officers, or law enforcement officers authorized by the properly constituted authorities; nor does that subdivision prohibit the use or possession of any material, substance or device described therein when used solely for scientific research or educational purposes, or for disposal of brush under permit as provided for in Section 4494 of the Public Resources Code, or for any other lawful burning. Subdivision (a) does not prohibit the manufacture or disposal of an incendiary device for the parties or purposes described in this subdivision.
Added Stats 1st Ex Sess 1966 ch 58 § 3, as Pen C § 452. Amended Stats 1976 ch 1139 § 205, operative July 1, 1977. Amended and renumbered by Stats 1979 ch 145 § 12. Amended Stats 1997 ch 260 § 2 (AB 477).
Former § 453, relating to degrees of arson, was enacted Stats 1872 and repealed Stats 1929 ch 25 § 6.
Deleted "not exceeding five years" after "state prison" in subd (a).
Substituted "structure, forest land or property" for "buildings or property mentioned in this chapter" in subd (a).
In addition to making technical changes, (1) amended subd (a) by (a) substituting ", manufactures, or disposes of any flammable," for "any flammable, explosive"; (b) adding "incendiary"; and (c) substituting "shall be punished" for "is punishable"; (2) substituted subd (b) for former subd (b) which read: "(b) Every person who possesses, manufactures or disposes of a firebomb is guilty of a felony.
"For the purposes of this subdivision, 'disposes of' means to give, give away, loan, offer, offer for sale, sell, or transfer.
"For the purposes of this subdivision, a 'firebomb' is a breakable container containing a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less, having a wick or similar device capable of being ignited, but no device commercially manufactured primarily for the purpose of illumination shall be deemed to be a firebomb for the purposes of this subdivision."; and (3) amended subd (c) by substituting (a) "Subdivision (a) does" for "Subdivision (a) and (b) of this section shall" at the beginning of the first sentence and for "Subdivision (b) of this section shall" at the beginning of the last sentence; (b) "does that subdivision" for "shall those subdivisions"; and (c) "an incendiary device" for "firebomb".
(2) "Incendiary device" means a device that is constructed or designed to start an incendiary fire by remote, delayed, or instant means,
You have a cigarette lighter? There you go, it is "constructed or designed to start an incendiary fire by ... instant means".
How far does it go? The CA state borders. That said, you'll probably find similar laws in most states.
Basically it means that if you have items that can start a fire with the intent or apparent intent of starting a ILLEGAL fire, then you can be charged with possession of fire-making materials. Not unlike statutes regarding possession of burglars tools, etc etc.
Reading is fundamental....not a cigarette lighter unless your INTENT is to use it maliciously.
I hope they give that fucker a cold shot if he's convicted!!
What he said.
Got a toolbox in the truck?
You could arrested for possesion of burglary tools...