Is It Legal to Carry a Flare Gun in California
Even some guns that are treated as conventional firearms under federal law are illegal in California. For example, the Thompson Contender single-shot pistol, when equipped or possessed with a .45 Colt/.410 shotgun barrel combination or simply the barrel itself, and the popular Taurus Judge.45 Colt/.410 shotgun revolvers are illegal in California because they are considered short-barreled shotguns. However, the ATF does not consider them to be sawed-off shotguns, as their barrels are rifled rather than smooth holes. There are other common firearms issuance and shipping items that are not listed in this article that you can also stop and prosecute. When in doubt, don`t buy the item until you`ve made sure it`s legal in California. Although the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) may consider an item that is not subject to federal law to be a firearm, it may still be illegal under California law. What for? Generally, California laws that deal with guns and other firearms tend to be much more restrictive than federal or gun and gun laws in most other states. 37mm flares are completely legal in the state, and if you use a 26.5mm adapter, you can get these nifty inserts that allow you to turn them into a firearm for personal use to fire other calibers. The key is that they are drawn, making the device a “firearm” according to the ATF`s 2010 assessment.
However, the same ATF letter also states that these launchers are neither firearms nor destructive devices (and therefore not subject to federal control) if they are possessed only with pyrotechnic munitions (e.g., “bird bombs” or “star-bursting distress torches”) or tear gas canisters. The potential “legal trap” is that there have been lawsuits in California for possession of these 37mm launchers, which were only possessed with pyrotechnic cartridges. What for? Aggressive district prosecutors used California`s broad definitions of destructive devices and fireworks to prosecute California gun owners who assumed the items were legal because they could acquire them from commercial sources. Most firearms enthusiasts have seen advertisements offering Internet and mail order sales of firearms accessories or kits, unusual knives, torches, signage devices and various other exotic devices. Often, these advertisements indicate that the item is “approved by the CRA” or that it will be sent with a copy of a letter from the ATF stating that the item is not a federally controlled firearm. Tracer ammunition (with the exception of its use in shotguns) is illegal in California because it is included in the definition of a destructive device. Possession of a single cartridge of World War II 30-06 tracer ammunition can sue you. I`m curious about this, I know for sure that technically I have a short-barreled shotgun, as well as a rotating cylinder shotgun in a pistol. The Circuit Judge, 18 inch bbl, short standard version, so it`s OAL is super short.
It is completely legal and registered as a rifle because of the rifle, so it bypasses the SBS classification and rotating cylinder shotgun. In this case, I am curious because it is questionable whether it would still be considered a shotgun because of the way the district judge is treated here. The California Penal Code prohibits even the mere possession of short-barreled shotguns, short-barreled rifles, shotguns, wallet pistols, undetectable firearms, firearms that are not immediately recognizable as firearms, containers of camouflage weapons, ammunition containing or consisting of a dart arrow, explosive bullets, ballistic knives, multi-burst trigger activators (e.g. “BMF Activator”, “Hellfire”, etc.), nunchakus, metal pegs, belt buckle knives, sticks containing lead, zipper guns, shuriken, unconventional guns, lipstick knives, tube swords, shobi zue, air knives, pen knives, metal practice or replica hand grenades and objects or weapons commonly known as blackjacks, Slungshots, Billy Clubs, Sand Clubs, Juice or Sandbags. The California Penal Code also prohibits the carrying of dirks or daggers on the person. The California gun owner should be aware that many non-gun items that are still commonly sold at certain gun shows or that are currently offered for sale by mail order on the Internet or in gun magazines are illegal in California. Although some of these items were previously legal in California, there was no advertising when they were banned. Since simple possession, even in the privacy of your home, can be prosecuted as a crime, it is imperative that the California gun owner is aware of the law in this area. The California Penal Code prohibits the possession of a long list of items, firearms and non-firearms, in California. Violations can often be prosecuted as a felony or misdemeanor.
Since I began representing gun owners in California in 1982, I have seen many cases where violations of simple possession of common objects such as clubs, batons, throwing stars, etc. have led to criminal charges being laid. I found conflicting opinions on this topic on youtube, calguns, etc., so I try to get harsh answers. Even if the prosecutor ultimately decides to only lay charges for misdemeanors, if you are arrested, you will almost certainly be arrested for crimes with the higher bail amount usually associated with crimes. Ignorant California gun owners have been arrested and prosecuted for possession of explosive targets. What for? The section of the California Health and Safety Code contains a broad definition of fireworks, including devices that create an audio or visual entertainment effect when burned, and the California Penal Code prohibits the possession of substances or materials with intent to manufacture destructive devices or explosives. The device would be used on a firearm, so there would be no SBR issues with the 1.5-inch rifled barrel.410 is a non-go. It`s a short-barreled shotgun (in California) right now, a crime.
California gun owners should also be aware that the Criminal Code contains several definitions of destructive devices. Even if the ATF has sent a letter stating that an item is not considered a firearm or destructive device under federal law, simple possession in California can sue you. For example, 37 mm launchers are regularly offered on the Internet for mail order. The ATF sent a letter stating that these launchers are considered both firearms and destructive devices when possessed with “anti-personnel munitions” such as counterinsurgency cartridges with wooden pellets, rubber balls or bullets, or bean bags.