The Firearms Div. didn't even know such a law existed
Of course not, black powder firearms are not a subject they deal with often because they are not considered firearms for many of California's laws regarding firearms. So the propellant they use is going to likewise be something they rarely have experience dealing with.
Well now you reminded them, maybe it will get enforced even more often now, cataloged into their quick reference rulebooks regarding firearms, and mentioned on websites and booklets they maintain. Which will further educate LEO and lead to more enforcement and charges relating to the violations.
and it is NOT a felony...the only mention in it for a penalty is if someone gives false identity information to obtain black powder and it is a misdemeanor!
No that is Health and Safety Code 12102.1 specifically, and
relates only to under 1 pound of black powder!
12102.1. Any person who sells, gives, delivers or otherwise
disposes of 20 pounds or less of smokeless powder, or one pound or
less of black sporting powder, shall first obtain a statement from
the person who purchases or otherwise receives such powder, which
statement shall include:
(a) The name, address and birth date of the person purchasing or
receiving the powder.
(b) The purpose for which the powder is intended to be used,
handled, stored, or possessed.
(c) The type and amount of the powder.
(d) The signature of the person purchasing or receiving the
powder.
(e) The driver's license number, selective service card number, or
other identifying information concerning the person purchasing or
receiving the powder.
Any person furnishing a fictitious name or address or knowingly
furnishing an incorrect birth date and any person violating any of
the provisions of this section is guilty of a misdemeanor.
So if someone lies regarding purchase, or transfer of 1 pound or less it is a misdemeanor, that has nothing to do with possession of more than 1 pound.
Maybe this format will help you understand, as it appears in the text:
http://law.justia.com/california/codes/hsc.html
You are citing CHAPTER 4, the "permits" requirements, which just happens to mentioned a misdemeanor for a single section specifically. But most of the penalties for the majority of DIVISION 11 are in CHAPTER 9:
PART 1. HIGH EXPLOSIVES
CHAPTER 1. DEFINITIONS AND SCOPE ............................ 12000-12007
CHAPTER 2. ENFORCEMENT ........................................... 12020
CHAPTER 3. GENERAL .......................................... 12080-12092
CHAPTER 4. PERMITS .......................................... 12101-12112
CHAPTER 5. SALE OR OTHER DISPOSITION ........................ 12120-12124
CHAPTER 6. STORAGE .......................................... 12150-12151
CHAPTER 7. ILLEGAL USE OR POSSESSION ........................ 12303-12305
CHAPTER 8. CONFISCATION ..................................... 12350-12355
CHAPTER 9. PENALTIES ........................................ 12400-12401
Lets go to the penalties section shall we?
12400. Except as provided in Chapter 7 (commencing with Section
12302), Part 1, Division 11 of the Health and Safety Code, every
person who violates any provision of this part, or violates any
regulation adopted by the State Fire Marshal pursuant to this part,
is guilty of a misdemeanor, punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment for not more than six
months, or by both such fine and imprisonment.
12401. Every person who is found guilty of a felony as specified in
this part is punishable by imprisonment in the state prison, or in a
county jail not exceeding one year, or by fine not exceeding ten
thousand dollars ($10,000), or by both such fine and imprisonment.
So lets go see what those punishments are referring to since it seems unclear what is a misdemeanor and a felony?
For that we go to CHAPTER 7. ILLEGAL USE OR
POSSESSION
12303. "Lawful possession of an explosive," as used in this
chapter, means possessing explosives in accordance with the stated
purpose and conditions of a valid permit obtained pursuant to the
provisions of this part, unless such person is specifically excepted
from the permit requirements by the provisions of this part.
12305. Every person not in the lawful possession of an explosive
who knowingly has any explosive in his possession is guilty of a
felony.
And just in case some think black powder is not an explosive because the federal laws define it a certain way, here is California law which clearly considers it an explosive:
12000. For the purposes of this part, "explosives" means any
substance, or combination of substances, the primary or common
purpose of which is detonation or rapid combustion, and which is
capable of a relatively instantaneous or rapid release of gas and
heat, or any substance, the primary purpose of which, when combined
with others, is to form a substance capable of a relatively
instantaneous or rapid release of gas and heat.
So what does all this mean? It means if you are not exempted by having less than 1 pound of black powder you can be charged under part 1 as a misdemeanor, but since you are not exempted by being in legal possession of less than 1 pound for the legal exempted use you can also be charged under chapter 7 for ILLEGAL USE
OR POSSESSION.
It is illegal possession if you A. do not have a permit, or B. are not operating within an exempted context which requires under 1 pound.
12303. "Lawful possession of an explosive," as used in this
chapter, means possessing explosives in accordance with the stated
purpose and conditions of a valid permit obtained pursuant to the
provisions of this part, unless such person is specifically excepted
from the permit requirements by the provisions of this part.
What is the penalty for this illegal possession if not "excepted from the permit requirements" under chapter 7?
12305. Every person not in the lawful possession of an explosive
who knowingly has any explosive in his possession is guilty of a
felony.
The final penalty chapter I cited earlier concurs with this:
12400. Except as provided in Chapter 7....
12401. Every person who is found guilty of a felony as specified in
this part is punishable by imprisonment in the state prison, or in a
county jail not exceeding one year, or by fine not exceeding ten
thousand dollars ($10,000), or by both such fine and imprisonment.
So they can charge with a felony if they wish for illegal possession of black powder outside of an excepted/exempted limit, or if used for a purpose other than an exempted purpose (like for firearms or another area that deal with fireworks.)
You are only exempt to the permit requirements and therefor in legal possession if you possess in accordance with the exception, which is 1 pound or less for shooting purposes without an additional permit.
If you are not exempt through that exception then
you are in illegal possession of an explosive as defined by CA law, refer to chapter 7 for felony charge.