California Black Powder Possession Limits

Status
Not open for further replies.

looserings

Member
Joined
Dec 26, 2008
Messages
6
I've noticed some mis-information on this website concerning the amount of black powder that may be possessed by a California resident. Please be advised that the limit is FIVE pounds. For further information see California Health & Safety Code sec. 12001 (f) (1).:what:
 
Now that surprises me about California. 5lbs of an explosive allowed? Wow! Now if that were substitute IE: Pyrodex, 777 or the like, I wouldn't be surprised.

Good to know, thanks
 
There is also

Health and Safety Code 12102.

This chapter does not apply to any possession or use of 20
pounds or less of smokeless powder, or one pound or less of black
sporting powder
, provided that:
(a) Smokeless powder is intended only for hand loading of small
arms ammunition of .75 caliber or less.
(b) Black sporting powder is intended for loading of small arms or
small arms ammunition of .75 caliber or less.
(c) All such powder is for private use and not for resale, and, in
the case of black sporting powder, there shall be no gift, delivery,
or other disposition to another person.
(d) The storage, use and handling of such smokeless and black
powder conforms to rules, regulations, or ordinances of authorities
having jurisdiction for fire prevention and suppression in the area
of such storage, use, and handling of such explosives.

Also note that gifting of black powder to a friend or shooting buddy is a crime, even if for lawful or exempted purposes.
Giving your buddy at the range, family, or friends, a little of your black powder is a crime.
Also note that possession of even the otherwise legal exempted limit of black powder could fail to meet the exemption if possessed for the purpose of use in a black powder firearm or cannon over .75 bore.
So possession of black powder for use in a cannon is not exempted even though possession of the cannon itself is legal.

So just the intent of what it is to be used in changes the legality. If charged with illegal possession of an explosive and you told police it was just for use in your cannon (which is entirely legal to purchase), well you just admitted to being in felony possession of an explosive as defined by California law outside of the small arms under .75 bore exemption.
Unless of course you are a licensed pyrotechnic operator.



You also cannot base the law on what you can get away with. You can order 25 pounds of black powder and have it shipped to you and will receive it, but legally cannot possess that without a special license in California. Yet the delivery will go through and you will receive it.
Many people naively think because a local shop or an online retailer will sell something to you that it does not violate any law for you to possess it, otherwise they would not have sold it to you.
That is not the case.
 
Last edited:
As far as prosecution for more than 1 pound?

Well a quick search brings this up as a fairly recent attempt to charge someone for it in September of 2011:

Randy Rusciolelli
Journey Man Plumbing

An open letter to the Mountain Communities

I was a collector of fine firearms both military and commercial. The actual value of the firearms and ammo taken from me was $283,000.00. The terrorist threat charge was made against me by a girl I broke up with over 4 months ago. She had called at all hours of the day and night and the Sheriff’s have the evidence in both our phone records. I called for help over 3 different months to no avail. Recently she broke into my house through a dog door and changed my email password and stole several items of mine. I never threatened her life and had only called her 2 times in the last 3-4 months. To her ever increasing attacks on me, all I can say to the Sheriff’s is “Total shame on you”.

When I was arrested, they had already possessed both our phone records and recordings of my alleged threats and no corroborating witnesses. The explosive charges against me are for possessing more than 1 pound of sporting (Goex) black powder, possessing military tracer rounds illegal in California, but legal in Arizona, Nevada and other states, and for a destructive device that is a $250.00 black powder golf ball commercially manufactured and clearly stamped for “Black Powder Only” with a fuse hole in the base.

I possess only 1 California Assault weapons license that was issued to me in 1990. Notice that the enclosed license is marked temporary as no permanent one was ever issued. I can only fire one rifle at a time but regardless, they discovered an additional 5 banned rifles without permits.

In 47 years, I have absolutely no criminal or civil record. My bail was set at half a million dollars and most likely will be raised to 1.5 million in my next court appearance. I am not a survivalist, paramilitarist, nor a right or left-winger. I am an American citizen who loves to go into the desert to shoot rifles, pistols and shot guns. I wished I could have had a 155mm Howister canon too, but I did not. My guns have never killed any living thing, and in my 31 years of target shooting, no harm has ever been inflicted upon any beings.

I read the articles about my arrest, and I am astounded by the fact that these officers lied about how they even came to arrest me. Please re-read the articles again.

I found out this 47 year old girlfriend has a history of attacking and suing her last 3 boyfriends. This is a fact that I have found out too late. The police have recording of her on tape admitting to have broken into my house. During the breach, she managed to open my computer and proceeded to change my email, passwords and other devious things.


I have owned my house on Firwood drive in Running Springs for 20 years, and in one day I lost my house, closed my business and had every item taken from me of significant value that I had collected over the span of my lifetime. I spent 6 days in jail and after posting bail of $500,000.00, I got out and spent time with my parents, family, and my dog. Within days of this, I had to go back to court and the judge immediately issued a criminal restraining order against me. “Amazing”!

I cannot let my freedom be placed in control by our present justice system. I have consulted with many top lawyers, and all advised me that 10 years ago, this search warrant would have been illegal; not anymore.

We Americans are losing too many of our rights under the guides of terrorism laws. The bottom line is that the above stated violations will result in a 6 year stay in state prison with the lowest end being a 1 year term with felony conviction. I apologize to all that know me, but I cannot handle that I am now penniless, homeless and about to lose my freedom over my zealous collecting. Thank you for all the times we had. It is better to die a free and armed man than a broke, imprisoned and un-armed one.


That was the man's suicide letter. All charges were dropped after he died as they didn't wish to pursue the case against a dead man, so the charge is of course not indicative of its validity, but people are being charged for it.
 
Last edited:
Status
Not open for further replies.
Back
Top