I just read on foxnews.com that authorities are looking at an individual who may be involved in that deadly wildfire in CA. They said he was involved in two previous arson incidents, and had been arrested on "two counts of possessing fire-making materials"

What kind of law is that, and how far does it go?

The guy probably had a garage full of Malatov cocktails or something. I hope they find those responsible and they are brought to justice. Condolences go out to the family and friends of the fallen firefighters.

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California has what is called the "felony murder rule." In plain English, if you commit a crime (arson in this case), and as a direct result of that crime a person dies (four going on five at the last count I heard), you can, and usually will, be charged with first degree murder...

I understand that part, I was perplexed about what they consider "fire making materials".

I don't think they meant a sparklite and tinder or a bow drill set up. Probably more like cans of gasoline, road flares etc.

I would hope not, but my concern is that those details aren't spelled out, and the detention/arrest becomes open to interpretation.

We had an arsonist in my town (in the foothills of the Sierra Nevada Mtns) a couple of years ago. When they finally caught him he had "fire making materials" that matched evidence found at the scene of several fires. He used the old "cigarette in a book of matches" trick, they found matching books of matches, same brand of cigs, etc. I can only assume that is what they are refering to in this case.

Our guy turned out to be a former volunteer firefighter, which apparently is not all that uncommon...

Maybe the media left it vague so that tonight they can bring in their criminal law "expert". <img src="/images/graemlins/smirk.gif" alt="" />

Here is the California law that I believe that you are referring to:

453. (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.

I think it's probably a matter of intent and actual use.

A dead cat is just a dead cat.

A dead cat, frozen, removed from a vet's dead-animal freezer (awaiting pickup), and used to beat someone to death would be considered a murder weapon.

Sue <img src="/images/graemlins/smile.gif" alt="" />