MSzychulda
36 Cal.
- Joined
- Jan 13, 2005
- Messages
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Some of you may be familiar with the cannon taken last year by the Spensville Range and the owner charged with possessing a Destructive Device. I just wanted to give an update.
The cannon owner after a long legal battle has gotten his cannon back, although told to never fire it again by the District Attorneys Office as the DA believes it is classified as a Destructive Device. It was obviously a weak case, although open to interpretation due to the wording in the law.
I know this was an old topic, just wanted to give an update. Like most legal matters, it took a long time to settle.
As a result of this, I carry a notebook with all the legal codes with me. Just in case. I would like to get a hold of more case law regarding the subject, as that is where the decisions are made.
There were some recent changes to the wording in the law which could cause future problems for all of us. It is the "Any Ammunition Therefor" in California Law and the Federal Code which states "any ammunition propelled by an explosive". It doesn't even mention it having to be fixed ammunition any longer in the Federal Code, the loop hole for Muzzleloaders.
Next time I am in a meeting with our local DA, I am going to ask his opinion on the matter and see if I can find more case law regarding it.
Matt
12301. (a) The term "destructive device," as used in this chapter,
shall include any of the following weapons:
(1) Any projectile containing any explosive or incendiary material or any other chemical substance, including, but not limited to, that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires
fixed ammunition, or any ammunition therefor, other than a shotgun
(smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 479.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon.
For purposes of this section, the term "antique cannon" means any
cannon manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade. The term "antique rifle" means a
firearm conforming to the definition of an "antique firearm" in
Section 479.11 of Title 27 of the Code of Federal Regulations.
(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.
(5) Any breakable container which contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.
(6) Any sealed device containing dry ice (CO2) or other chemically
reactive substances assembled for the purpose of causing an
explosion by a chemical reaction.
(b) The term "explosive," as used in this chapter, shall mean any
explosive defined in Section 12000 of the Health and Safety Code.
Title 27 Federal Regulations: Destructive device. (a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Director finds is generally recognized as particularly suitable for sporting purposes; and (c) any combination of parts either designed or intended for use in converting any device into a destructive device as described in paragraphs (a) and (b) of this definition and from which a destructive device may be readily assembled. The term shall not include any device which is neither designed or redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army under 10 U.S.C. 4684(2), 4685, or 4686, or any device which the Director finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.
The cannon owner after a long legal battle has gotten his cannon back, although told to never fire it again by the District Attorneys Office as the DA believes it is classified as a Destructive Device. It was obviously a weak case, although open to interpretation due to the wording in the law.
I know this was an old topic, just wanted to give an update. Like most legal matters, it took a long time to settle.
As a result of this, I carry a notebook with all the legal codes with me. Just in case. I would like to get a hold of more case law regarding the subject, as that is where the decisions are made.
There were some recent changes to the wording in the law which could cause future problems for all of us. It is the "Any Ammunition Therefor" in California Law and the Federal Code which states "any ammunition propelled by an explosive". It doesn't even mention it having to be fixed ammunition any longer in the Federal Code, the loop hole for Muzzleloaders.
Next time I am in a meeting with our local DA, I am going to ask his opinion on the matter and see if I can find more case law regarding it.
Matt
12301. (a) The term "destructive device," as used in this chapter,
shall include any of the following weapons:
(1) Any projectile containing any explosive or incendiary material or any other chemical substance, including, but not limited to, that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires
fixed ammunition, or any ammunition therefor, other than a shotgun
(smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 479.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon.
For purposes of this section, the term "antique cannon" means any
cannon manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade. The term "antique rifle" means a
firearm conforming to the definition of an "antique firearm" in
Section 479.11 of Title 27 of the Code of Federal Regulations.
(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.
(5) Any breakable container which contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.
(6) Any sealed device containing dry ice (CO2) or other chemically
reactive substances assembled for the purpose of causing an
explosion by a chemical reaction.
(b) The term "explosive," as used in this chapter, shall mean any
explosive defined in Section 12000 of the Health and Safety Code.
Title 27 Federal Regulations: Destructive device. (a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Director finds is generally recognized as particularly suitable for sporting purposes; and (c) any combination of parts either designed or intended for use in converting any device into a destructive device as described in paragraphs (a) and (b) of this definition and from which a destructive device may be readily assembled. The term shall not include any device which is neither designed or redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army under 10 U.S.C. 4684(2), 4685, or 4686, or any device which the Director finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.
