I know the gun can be legal in California, but reading the black powder exemption I noticed it only applies to .75 bore diameter or less.
The law outlaws possession of black powder as an explosive, and then gives exemptions where its possession is legal.
The exemption for an unlicensed person deals with it being for use in small arms of .75 inch bore or less.
From my reading this would appear to make possession of black powder for use in your 4 bore rifle, or various black powder cannon, illegal felony possession of an explosive outside of the required exemption.
Now if someone possesses other black powder arms under .75 bore the case against them would appear harder to make, but if their only black powder firearms are over .75 bore wouldn't that make it quite obvious the black powder was possessed outside of the :
exemption?
Would loading a 4-bore or cannon also demonstrate the powder was being used for something not exempted, and therefore make it illegal? Would video of such a thing be evidence of such a crime making otherwise legal black powder criminal possession of an 'explosive' outside of the exemption per California law?
Before people start in with the Civil War re-enactments that show such cannon and similar stuff must be legal, many of those productions are done by licensed pyrotechnic operators, and that is another separate exemption outside of the small arms use exemption for possession of black powder. That license makes them different from your typical gun owner without such a license.
So my question is where in the law or some DOJ ruling etc is there some additional exemption that applies that would allow possession of black powder by unlicensed persons for use in small arms over .75 bore?
Is there such an exemption, or is it a criminal offense?
The law outlaws possession of black powder as an explosive, and then gives exemptions where its possession is legal.
The exemption for an unlicensed person deals with it being for use in small arms of .75 inch bore or less.
From my reading this would appear to make possession of black powder for use in your 4 bore rifle, or various black powder cannon, illegal felony possession of an explosive outside of the required exemption.
Now if someone possesses other black powder arms under .75 bore the case against them would appear harder to make, but if their only black powder firearms are over .75 bore wouldn't that make it quite obvious the black powder was possessed outside of the :
exemption?
Would loading a 4-bore or cannon also demonstrate the powder was being used for something not exempted, and therefore make it illegal? Would video of such a thing be evidence of such a crime making otherwise legal black powder criminal possession of an 'explosive' outside of the exemption per California law?
Before people start in with the Civil War re-enactments that show such cannon and similar stuff must be legal, many of those productions are done by licensed pyrotechnic operators, and that is another separate exemption outside of the small arms use exemption for possession of black powder. That license makes them different from your typical gun owner without such a license.
So my question is where in the law or some DOJ ruling etc is there some additional exemption that applies that would allow possession of black powder by unlicensed persons for use in small arms over .75 bore?
Is there such an exemption, or is it a criminal offense?
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