Flash hider vs muzzle brake

[Quiet]

I have googled for answers but still have not seen anything that makes me certain on how to tell the difference between hiders and brakes.

California Code of Regulations Title 11 Divison 5 Chapter 39 Article 2 Section 5471
(r) “Flash suppressor” means any device attached to the end of the barrel, that is designed, intended, or functions to perceptibly reduce or redirect muzzle flash from the shooter's field of vision. A hybrid device that has either advertised flash suppressing properties or functionally has flash suppressing properties would be deemed a flash suppressor. A device labeled or identified by its manufacturer as a flash hider would be deemed a flash suppressor.

[Jimi Jah]

Where are the test cases or is this another obscure law used for stacking charges?

Determining guilt from the description from the manufacturer can easily be beaten in court. All you need is a letter from the manufacturer saying it's not what the court says it is = case over?

[ar15barrels]

Where are the test cases or is this another obscure law used for stacking charges?

The latter.

[caliberetta]

California Code of Regulations Title 11 Divison 5 Chapter 39 Article 2 Section 5471
(r) “Flash suppressor” means any device attached to the end of the barrel, that is designed, intended, or functions to perceptibly reduce or redirect muzzle flash from the shooter's field of vision. A hybrid device that has either advertised flash suppressing properties or functionally has flash suppressing properties would be deemed a flash suppressor. A device labeled or identified by its manufacturer as a flash hider would be deemed a flash suppressor.

Thanks for posting this, Quiet. To me, the language there is clear as day.

Only the part that states "... or functionally has flash suppressing properties..." can be argued. As far as I'm concerned, as long as my muzzle device is not called a flash suppressor or described in any way by the manufacturer or retailer as having flash suppressing qualities, then I would be reasonably confident of having it on my featureless rifles.
.

[loademup]

Since a manufacturer of the muzzle brake may discontinue the model, I've always saved a copy of the manufacturer's original advertising or description where they state it is not a flash hider or the item is a muzzle brake by printing or saving to a digital copy, It may come in handy if you get into a legal situation over the device and need the documentation regarding it.

[sonofeugene]

I keep a copy of the web page regarding my muzzle device in the gun case. In my case, it's a DD anti-climb mitigator. No mention of any flash hiding capability. It's perfectly legal but one never knows when some yahoo will claim otherwise.

[Mayor McRifle]

I keep a copy of the web page regarding my muzzle device in the gun case. In my case, it's a DD anti-climb mitigator. No mention of any flash hiding capability. It's perfectly legal but one never knows when some yahoo will claim otherwise.

They're going to have to do more than claim otherwise. They're going to have to prove that it functions as a flash suppressor ("with flash suppressing properties"). That will require lab work by experts. As a matter of practicality, they will likely just stick with the manufacturer's description of the device.

Take-away: Buy a muzzle brake that is described as a muzzle brake by the manufacturer.

[SnWnMe]

If the police say it's a FS then it falls on them to prove it is a FS, not on you.