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Legality of making your own BP

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  • #16
    Quiet
    retired Goon
    • Mar 2007
    • 30241

    Needs to be 1lb or less of blackpowder. [HSC 12102(b)]
    If more than 1lb of blackpowder, then need a CA Fire Explosive permit. [HSC 12101]
    Making/possessing of more than 1lb of blackpowder can be prosecuted as a felony. [HSC 12305]

    Applicable CA laws...

    Health and Safety Code 12000Health and Safety Code 12101Health 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.

    Health and Safety Code 12102.1Health and Safety Code 12303Health and Safety Code 12305
    Every person not in the lawful possession of an explosive who knowingly has any explosive in his possession is guilty of a felony.
    Last edited by Quiet; 05-18-2022, 7:18 AM.
    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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    • #17
      Wheellock
      Senior Member
      • Dec 2019
      • 1112

      Anyone ever applied for and received an explosives permit for black powder (for personal use only)?

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      • #18
        sirdutch
        Member
        • Sep 2009
        • 256

        Thank you "Quiet" for a giving me the sections of the law relevant to my question on manufacturing my own Blackpowder. Other than the inherent safety risks involved, the legal risks are quite ominous to say the least. I won't be making my own powder and won't be storing any more than a pound at a time if and when I find some for sale. You always seem to come through sir.

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        • #19
          Steve45-70
          Member
          • May 2022
          • 158

          The one pound limit kills me in this State. I shoot 1.5 F in my 45-70, 2 f in my shotgun and a couple rifles and 3f in a couple more. Pretty much impossible to shoot real black legally and stay under limits. Of course you can't hunt with lead so I guess it does not matter much.

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          • #20
            THBailey
            Senior Member
            • Mar 2011
            • 737

            Originally posted by Steve45-70
            ....Of course you can't hunt with lead so I guess it does not matter much.
            Rotometals sells a bismuth/tin bullet casting alloy that is Cali legal.

            THBailey


            As Will Rogers once said:
            "Everyone is ignorant, only in different subjects."

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            • #21
              Steve45-70
              Member
              • May 2022
              • 158

              Originally posted by THBailey
              Rotometals sells a bismuth/tin bullet casting alloy that is Cali legal.

              https://www.rotometals.com/lead-free...bismuth-based/
              Yeah I have never tried it for any of my round ball guns. I do use bismuth in my shotgun. Seems to work well. It is expensive but what isn't these days. I have gotten decent patterns with steel and a plastic cup but BP does not really go fast enough for steel shot .

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              • #22
                THBailey
                Senior Member
                • Mar 2011
                • 737

                Originally posted by Steve45-70
                Yeah I have never tried it for any of my round ball guns. I do use bismuth in my shotgun. Seems to work well. It is expensive but what isn't these days. I have gotten decent patterns with steel and a plastic cup but BP does not really go fast enough for steel shot .
                I use the Rotometal's Bismuth/tin for waterfowl and turkeys in my Pedersoli SxS's and within reasonable range it does quite well.
                THBailey


                As Will Rogers once said:
                "Everyone is ignorant, only in different subjects."

                Comment

                • #23
                  AR22
                  Senior Member
                  • Dec 2011
                  • 2141

                  One pound that is crazy..That would not last me a day out with my Cannons..What do the reenactors do out there with only one pound?

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                  • #24
                    bohoki
                    I need a LIFE!!
                    • Jan 2006
                    • 20815

                    can you keep your stump remover and rose fertilizer and kingsford separate and only mix up you captain kirk concoction as needed

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                    • #25
                      Steve45-70
                      Member
                      • May 2022
                      • 158

                      Originally posted by AR22
                      One pound that is crazy..That would not last me a day out with my Cannons..What do the reenactors do out there with only one pound?

                      I have no idea. I do know if it is loaded ammo, say my 45-70, then it does not count against you. I am also not quite sure if it is per person or household. I do know that they will deliver more than a pound at one time to your house. I am guessing that if you really want to stay legal you probably need to shoot Pyrodex or the like. Yes it does suck. My shotgun is only about 60-70 shots per pound. My guess is most ignore the law but if they come to your house for something else it would be a easy felony to tack on.

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                      • #26
                        M1NM
                        Calguns Addict
                        • Oct 2011
                        • 7966

                        Originally posted by THBailey
                        On a more serious note-

                        2) Getting legal advice from folks exchanging ignorances on the internet is probably not the best way to stay out of trouble.
                        Yes - ask your local city council, PD or fire marshall. They will all say NO - but delve into the Penal Code. The state considers it an explosive. They also say you can't have more than 1 pound.

                        12000. For the purposes of this part, "explosives" means any
                        substance, or combination of substances, ......
                        (a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate
                        of mercury, black powder, smokeless powder, propellant explosives,
                        detonating primers, blasting caps, or commercial boosters.

                        The Feds have other ideas - (h) “Manufacturer” means any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use

                        I've got a lot of recipes I've downloaded but don't figure I'll start manufacture until after society has gone over the cliff and I'm out of powder.

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                        • #27
                          xrMike
                          Calguns Addict
                          • Feb 2006
                          • 7841

                          Originally posted by bohoki
                          can you keep your stump remover and rose fertilizer and kingsford separate and only mix up you captain kirk concoction as needed
                          I see your obscure television series reference, and raise you an image:

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