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  • abinsinia
    Veteran Member
    • Feb 2015
    • 3991

    Maxim 50

    Does anyone see any legal problems ordering this in California? I would think SilencerCo has don't their homework, and they even show a picture of one near the Golden Gate, but I figured I would ask here in case someone had concerns.

    Also is it legal to open carry a muzzle loader like this one?

  • #2
    Major Danger
    Member
    • Aug 2010
    • 110

    I've been thinking about building something like this for a few months now. I didn't know this was on the market.

    From the research I've done, ca defines a firearm as anything that burns powder to propel a projectile, which is different than the federal definitions. A silencer is something that muffles the report of a firearm, so I don't think this is legal in ca. I HOPE IM WRONG ON THIS!

    Comment

    • #3
      Major Danger
      Member
      • Aug 2010
      • 110

      But silencerco is claiming it's 50-state legal. If that's the case, I'm pretty excited. But I'm curious to see what their lawyers and CA DOJ has to say about its legality in ca

      Comment

      • #4
        DaveDurable
        Junior Member
        • Jul 2010
        • 52

        Already Tried Ordering One Today

        They refunded my order. SilencerCo called me and said they already got legal push-back from CA, whatever that means.

        Comment

        • #5
          naeco81
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Jun 2013
          • 1811

          Dupe thread. Please use the search.
          Originally posted by Mitch
          The architects of the assault weapon bans ... are simply trying to fight the Culture War. And we can't win, not in California anyway because you guys, the ones with the most to lose, refuse to do what you need to do to win the Culture Wars, which is to make Calguns and the gun rights community a truly big tent and stop driving people away simply because they are different from you.
          Crime rate per 100k people
          General population: 3,817
          Police officers: 108
          Legal CCW: 18

          Comment

          • #6
            abinsinia
            Veteran Member
            • Feb 2015
            • 3991

            They claim it's "integrally suppressed" , so the suppressor is a welded part of the barrel. So you can get a muzzle loader that has a 160db report, or one that has a 125db report, but there is no "suppressor" in this case it's just a more quiet muzzle loader. However, if that's true it seems like all integrally suppressed barrels would be legal in California, and I don't want to make that leap.

            Comment

            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30239

              IT IS NOT CA LEGAL.

              Under CA laws...

              Blackpowder firearms are classified as "antique firearms". [PC 16170]

              "Antique firearms" are only exempt from some CA firearm laws. [PC 16520(d)]

              They are not exempt from CA "silencer" laws.

              FFL/SOT are exempt from CA "silencer laws. [PC 33415(c)]
              ^Which means it is CA legal for SilencerCo (a FFL/SOT) to import/possess it in CA and make a commerical using it.

              ...

              "antique firearms" [PC 16170(b)] are only exempt from the following CA firearm laws:
              01. Infreqent transfers. [PC 16520(d)(1)]
              02. CA DROS. [PC 16520(d)(2)]
              03. Operation of law transfers. [PC 16520(d)(3)]
              04. "used firearm" transfer laws. [PC 16520(d)(4)]
              05. Unloaded handgun open carry laws. [PC 16520(d)(5)]
              06. Unloaded long gun open carry laws. [PC 16520(d)(6)]
              07. Requirement to be a CA FFL dealer in order to transfer it. [PC 16520(d)(7)]
              08. CA FFL dealer requirements when transferring firearms. [PC 16520(d)(8)]
              09. Required minimum age to transfer. [PC 16520(d)(9)]
              10. Required identifying marks/engravings on handguns. [PC 16520(d)(10)]
              11. 10 day waiting period. [PC 16520(d)(11)]
              12. PPT requirement to transfer through CA FFL dealer. [PC 16520(d)(12)]
              13. Registration requirement for importing into CA and requirement to use CA FFL dealer to legally import into CA. [PC 16520(d)(13)]
              14. Requirement to be licensed as a manufacturer in order to legally make in CA. [PC 16520(d)(14)]
              15. Firearm storage requirements. [PC 16520(d)(15)]
              16. "home built firearm" marking/engraving and registration requirements. [PC 16520(d)(16)]

              In addition to the above, specific types of "antique firearms" [PC 16170(c)] are exempt from these additional CA firearm laws: [PC 17700]
              01. Camouflaging firearm container laws.
              02. Cane gun laws.
              03. Unrecognizable firearm laws.
              04. Short Barrel Rifle laws.
              05. Short Barrel Shotgun laws.
              06. Unconventional pistol laws.
              07. Undetectable firearm laws.
              08. Wallet gun laws.
              09. Zip gun laws.
              Last edited by Quiet; 09-19-2017, 6:28 PM.
              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).

              Comment

              • #8
                Quiet
                retired Goon
                • Mar 2007
                • 30239

                Applicable CA laws...

                Penal Code 16170Penal Code 16520Penal Code 17210Penal Code 33410
                Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.

                Penal Code 33415
                Section 33410 shall not apply to, or affect, any of the following:
                (a) The sale to, purchase by, or possession of silencers by agencies listed in Section 830.1, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.
                (b) The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, or by the military or naval forces of this state or of the United States, when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties.
                (c) The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code and the regulations issued pursuant thereto.
                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).

                Comment

                • #9
                  abinsinia
                  Veteran Member
                  • Feb 2015
                  • 3991

                  Originally posted by Quiet
                  Applicable CA laws...

                  Penal Code 17210
                  I wonder if it meets this definition .. It's not an attachment , it's actually part of the barrel.

                  Comment

                  • #10
                    Librarian
                    Admin and Poltergeist
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 44623

                    Dupe, as noted
                    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                    Comment

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