Black powder and felons in CA

[ertert]

I'm new here and this has probably been asked but can't find anything.
Can a convicted felon in CA own black powder rifle/pistol?

[ke6guj]

nope.

12021. (a)(1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.


and the definition of a firearm is:

12001(b) As used in this title, "firearm" means any device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion.

(c) As used in Sections 12021, 12021.1, 12070, 12071, 12072, 12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, the term "firearm" includes the frame or receiver of the weapon.


(e) For purposes of Sections 12070, 12071, and paragraph (8) of subdivision (a), and subdivisions (b), (c), (d), and (f) of Section 12072, the term "firearm" does not include an unloaded firearm that is defined as an "antique firearm" in Section 921(a)(16) of Title 18 of the United States Code.

muzzleloaders are considered firearms in CA, with exemptions for certain portions of the PC. But there is no exemption fo "felon in possession of an antique firearm"

[PEZHEAD265]

nope.

12021. (a)(1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.


and the definition of a firearm is:



muzzleloaders are considered firearms in CA, with exemptions for certain portions of the PC. But there is no exemption fo "felon in possession of an antique firearm"

A felon can own a antique firearm only if it's unloaded.He or she can't have it loaded or fire it in the state of CA with out breaking the law.So basicly it is useless to own.

[Mssr. Eleganté]

A felon can own a antique firearm only if it's unloaded.He or she can't have it loaded or fire it in the state of CA with out breaking the law.So basicly it is useless to own.

Even an unloaded antique firearm is considered a firearm in California, except for the purposes of sale or transfer. It is illegal for a felon to possess an unloaded antique firearm in California. See PC Sections 12001 (b) and (c) that ke6guj posted above.

[PEZHEAD265]

e) For purposes of Sections 12070, 12071, and paragraph (8) of subdivision (a), and subdivisions (b), (c), (d), and (f) of Section 12072, the term "firearm" does not include an unloaded firearm that is defined as an "antique firearm" in Section 921(a)(16) of Title 18 of the United States Code.
This is my understanding of the law that he can own the antique weapon but not loaded or shoot it.

[Librarian]

e) For purposes of Sections 12070, 12071, and paragraph (8) of subdivision (a), and subdivisions (b), (c), (d), and (f) of Section 12072, the term "firearm" does not include an unloaded firearm that is defined as an "antique firearm" in Section 921(a)(16) of Title 18 of the United States Code.
This is my understanding of the law that he can own the antique weapon but not loaded or shoot it.

The exception you quote does nor apply to PC 12021(a), the felon in possession law.