Baffles and LCD's in California

I agree with TMH

Not legal advice, but here’s the two CA Penal code sections that apply:

As used in Chapter 9 (commencing with Section 33410) of Division 10 of Title 4, “silencer” means any device or attachment of any kind designed, used, or intended for use in silencing, diminishing, or muffling the report of a firearm. The term “silencer” also includes any combination of parts, designed or redesigned, and intended for use in assembling a silencer or fabricating a silencer and any part intended only for use in assembly or fabrication of a silencer.

(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.


 
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A few years ago, I called the Alphabet org and talked with an agent explaining about LDC's on air powered guns.

His response is that there really are no laws against it. If they saw anyone shooting same, they would "look the other way"....for what ever that's worth, or means, if there is nothing stopping them on a non-firearm.

I also called the California Fish and Game to discuss the 'take' of animals with lead projectiles since lead is banned in Komifornia. Again, since an air powered gun is NOT a firearm, the lead law does NOT apply when taking legal game. However, a license is still required (of course) to do so. Even when using for ground squirrels for instance. I always carry my hunting license with me.

mike
 
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No issues with moderator. HOWEVER! If you own a firearm and have a moderator that can thread on and it doesn't say for airgun only on it then there is a chance you might get in trouble for it......if you get caught with it along side of your firearm. But overall no issues here in CA. I'm 3D printing my own plastic moderators which mean there is no chance in hell they would work on any firearms. 
 
Thx for that unsettling read. Argh. It seems as though all it takes is an aggressive prosecutor willing to stretch definitions. You might not be found guilty of the charges brought inappropriately against you, but it will be expensive to defend against them none the less.
 
The supreme court has ruled on this subject. The supreme court ruling stated that the device has to fit a firearm unaltered. They ruled this way because you can walk into almost any garage and find a hollow object some duct tape or other material to attach said object to any firearm making just about every ordinary citizen a felon. The supreme court ruling states if the said device cannot be attached to a firearm without alteration and if it cannot be directly attached they have to prove intent to modify said device to fit a firearm. Without meeting those two requirements they cannot convict you on having a firearms suppressor. So if you have an airgun mod threaded with the common 1/2 x 20 tpi you cannot directly thread that onto a 1/2 x 28 tpi or 5/8 x 24 tpi threaded firearm which is the common thread sizes for firearms. Theres a couple other thread sizes and pitches that are common on firearms but none of them are 1/2 x 20 tpi. At that point no law has been broken. Now if they find you in possession of a thread adapter that adapts 1/2 x 20 tpi to any of the mentioned common firearms threads you have just given them the intent that they would need to prosecute. So as long as you dont have an airgun mod that can be directly attached to a firearm or an adapter to allow you to attach the mod to a firearm you are not breaking the suppressor laws.

So dont do anything stupid and you will be fine. Do you think all these airguns being sold everyday in the us from pyramid air and other large companies with mods would go unnoticed if the law was being broken?
 
I agree with TMH

Not legal advice, but here’s the two CA Penal code sections that apply:

As used in Chapter 9 (commencing with Section 33410) of Division 10 of Title 4, “silencer” means any device or attachment of any kind designed, used, or intended for use in silencing, diminishing, or muffling the report of a firearm. The term “silencer” also includes any combination of parts, designed or redesigned, and intended for use in assembling a silencer or fabricating a silencer and any part intended only for use in assembly or fabrication of a silencer.

(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
Exactly, and neither above apply to air rifles.

a) Not a firearm
b) A weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. - No explosion or combustion.

Easy day...
 
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What I notice is that many non-US manufacturers bond them to the barrel to avoid the conflict, or thread the barrel but supply no moderator.

Umarex, Weihrauch, and Diana come to mind quickly.

Edit: Or incorporate them into the shroud
Using the method they use to "bond" them to the barrel is not recognized by the BATF as a legal way to make the device a permanent part of the rifle in question. The only legal recognized way of making a device a permanent part of the rifle is by pinning and welding the device to the barrel of the rifle. BATF does not recognize any liquid type bonding agent as a permanent attachment and only recognizes a pinned and or welded device as being a permanent part of the rifle. In other words the mod on the airgun is not made into a legal non firearms suppressor by using a chemical bond and in no way gets around suppressor laws by doing so. The simple fact the mod cant be attached to a firearm without modification makes it legal.