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I don't know what the law is on spud guns, and dart guns, but here is some excerpts of what I could piece together:
ATF: “We have previously examined that certain muzzle loading devices known as "potato guns." These potato guns are constructed from PVC plastic tubing. They use hair spray or a similar aerosol substance for a propellant, and have some type of spark ignitor. We have determined that these devices, as described, are not firearms provided that they are used solely for launching potatoes for recreational purposes. However, any such devices which are used as weapons or used to launch other forms of projectiles may be firearms and destructive devices as defined.“
FBI?: ‘The Bureau has previously examined devices known as "Spud Guns, Potato
Guns, or Spudzookas" and have determined that such devices, in and of
themselves, are not firearms as defined in Title 18 United States Code
(U.S.C.), Chapter 44, S 921(a)(3) or 26 U.S.C., Chapter 53, S 5845.’
“Potato launchers would not be considered zip guns as they do not meet all of the requirements. Tax is not paid because it is not owed (due to the ATF not considering them Title 2 firearms).”
Wikipedia: “Combustion spud guns are not to be manufactured or possessed in the state of California pursuant to Penal Code section 12303.”
However, Wikipedia is often wrong:
“Not illegal in San Diego County. Just had a case in the news:
No charges filed. Spud gun returned to owner. Used a combustible fluid.” - 2007
Combustion spud gun I assume would be a muzzle loader, and could not be classified as a zip gun as it does not fire fixed ammunition per def: “primer, case, propellant and projectile”.
“Not a zip gun because it is personal use not made for sale which makes it tax exempt and does not compleatly fit zip gun definition.“
12301 :“(4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar device containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes.”
- Does not apply as there is no rocket propelling material within the projectile, nor does the projectile contain “any explosive or incendiary material or any other chemical substance, other than the propellant for that device”.
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We have more time than fun currently, and would like to switch it up, but prefer to stay within the law, not pay fines, nor go to jail either.
I cannot find any definitive answers, I am requesting definitive clarification for CA via LEOs if some are willing to share information.
Providing there is no "local city ordinance prohibiting these":
1) Are combustion (w/non-fixed Aerosol-type propellant) vegetable cannons legal, currently?
2) Are compressed air vegetable cannons legal in CA, currently?
3) Are home-made dart (paper cone with say a nail, or tack) blow guns in my back yard legal to make and use?
4) Are compressed air dart guns legal to make and use in my back yard?
5) Legal FPS limit for projectiles, pellet, or vegetable?
6) Are pellet guns that are sold on Walmart's site, such as the "Gamo Whisper" with "The non-removable noise dampener" (molded/part of the barrel) legal even though everyone will ship them to CA?
(I do have like a 14ft high hill before the neighbor's fence in the back yard, for targets...)
ATF: “We have previously examined that certain muzzle loading devices known as "potato guns." These potato guns are constructed from PVC plastic tubing. They use hair spray or a similar aerosol substance for a propellant, and have some type of spark ignitor. We have determined that these devices, as described, are not firearms provided that they are used solely for launching potatoes for recreational purposes. However, any such devices which are used as weapons or used to launch other forms of projectiles may be firearms and destructive devices as defined.“
FBI?: ‘The Bureau has previously examined devices known as "Spud Guns, Potato
Guns, or Spudzookas" and have determined that such devices, in and of
themselves, are not firearms as defined in Title 18 United States Code
(U.S.C.), Chapter 44, S 921(a)(3) or 26 U.S.C., Chapter 53, S 5845.’
“Potato launchers would not be considered zip guns as they do not meet all of the requirements. Tax is not paid because it is not owed (due to the ATF not considering them Title 2 firearms).”
Wikipedia: “Combustion spud guns are not to be manufactured or possessed in the state of California pursuant to Penal Code section 12303.”
However, Wikipedia is often wrong:
“Not illegal in San Diego County. Just had a case in the news:
No charges filed. Spud gun returned to owner. Used a combustible fluid.” - 2007
Combustion spud gun I assume would be a muzzle loader, and could not be classified as a zip gun as it does not fire fixed ammunition per def: “primer, case, propellant and projectile”.
“Not a zip gun because it is personal use not made for sale which makes it tax exempt and does not compleatly fit zip gun definition.“
12301 :“(4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar device containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes.”
- Does not apply as there is no rocket propelling material within the projectile, nor does the projectile contain “any explosive or incendiary material or any other chemical substance, other than the propellant for that device”.
--------------------------------------------------------------------------------------------------
We have more time than fun currently, and would like to switch it up, but prefer to stay within the law, not pay fines, nor go to jail either.
I cannot find any definitive answers, I am requesting definitive clarification for CA via LEOs if some are willing to share information.
Providing there is no "local city ordinance prohibiting these":
1) Are combustion (w/non-fixed Aerosol-type propellant) vegetable cannons legal, currently?
2) Are compressed air vegetable cannons legal in CA, currently?
3) Are home-made dart (paper cone with say a nail, or tack) blow guns in my back yard legal to make and use?
4) Are compressed air dart guns legal to make and use in my back yard?
5) Legal FPS limit for projectiles, pellet, or vegetable?
6) Are pellet guns that are sold on Walmart's site, such as the "Gamo Whisper" with "The non-removable noise dampener" (molded/part of the barrel) legal even though everyone will ship them to CA?
(I do have like a 14ft high hill before the neighbor's fence in the back yard, for targets...)
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