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  #1  
Old 06-29-2020, 9:13 PM
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Default Burns pepper ball gun. California legal? (Probably not)

https://byrna.com/collections/byrna-...-kinetic-kit-1

I wonder if you need a CCW to carry this? It seems like an excellent option. It can shoot up to 60 ft. this would be ideal in areas where a CCW is nearly impossible to get.
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Old 06-29-2020, 9:25 PM
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$3-$5 per shot

Wow


What caliber? Will they fit regular paint ball guns
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Old 06-29-2020, 9:35 PM
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But why does it look like a standard handgun? This is my same problem with tasers. They shouldn't hells and deployed like handguns. We have already seen people say "oops I thought it was my taser". Is something looks like a gun the other guy is going to test you like it's a gun, if it doesn't drop him you have a very pissed off assailant.
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Old 06-29-2020, 9:36 PM
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Seems kinda big to conceal, but it’s better than nothing...
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Old 06-29-2020, 9:40 PM
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Default

Quote:
Originally Posted by BigPimping View Post
https://byrna.com/collections/byrna-...-kinetic-kit-1

I wonder if you need a CCW to carry this? It seems like an excellent option. It can shoot up to 60 ft. this would be ideal in areas where a CCW is nearly impossible to get.
The launcher is considered an "imitation firearm" [PC 16700(a)] and all "imitation firearm" laws apply to it [PC 20150-20180].

Unless you are exempt person, it is illegal for you to acquire, possess, or use the pepperball ammo in CA. [PC 22810(e)(1)]

There are no CA laws prohibiting the importing, making, transfer, possession or use of impact projectiles.
But use of them aganist a human would be considered assault with a deadly weapon.
^The standard to determine if use was justified self-defense would be the same as when using any other deadly weapon (knife, firearm, etc).
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Last edited by Quiet; 06-29-2020 at 9:46 PM..
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Old 06-29-2020, 9:53 PM
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Quote:
Originally Posted by BigPimping View Post
https://byrna.com/collections/byrna-...-kinetic-kit-1

I wonder if you need a CCW to carry this? It seems like an excellent option. It can shoot up to 60 ft. this would be ideal in areas where a CCW is nearly impossible to get.
Quote:
CA Penal Code § 16520

(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
CO2 is not explosive, so this is not a firearm, so no CCW needed.

But "Byrna Chemical Irritant Projectiles* ... burst, creating a cloud of chemical irritant", so that's legally "tear gas" -
Quote:
17240.

(a) As used in this part, “tear gas” applies to and includes any liquid, gaseous or solid substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air.
and so the gadget is a "tear gas weapon"
Quote:
17250.

As used in this part, “tear gas weapon” applies to and includes:

(a) Any shell, cartridge, or bomb capable of being discharged or exploded, when the discharge or explosion will cause or permit the release or emission of tear gas.
, and then here 22810(e)(1) that Quiet notes
Quote:
(e) (1) No person shall purchase, possess, or use any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray.
So, even though not a firearm, the gun+OC projectiles are not legal for Just Anybody.

I'm not so sure the 'kinetic projectiles' create a 'deadly weapon' -
Quote:
245.

(a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
seems the apt code section; I suspect that might be a 'trier of fact' issue; looks more like a paintball marker to me.

But deadly weapon or not, 245 punishes "assault upon the person of another with ... [an] instrument other than a firearm ..."
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Last edited by Librarian; 06-29-2020 at 10:11 PM..
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