Q: police have my black powder gun.Because I have a felony they won't Give it back. Can they do that

A: In California, the laws regarding the possession of firearms, including black powder guns, can be complex, especially when it involves someone with a felony record. Generally, under California law, individuals convicted of a felony are prohibited from owning, possessing, or having under their control any firearm. This includes black powder firearms, despite the fact that under federal law they may not be classified as firearms.

The fact that your black powder gun was given a serial number by law enforcement suggests that it has been entered into a tracking system. This is a common practice for weapons that come into the possession of law enforcement, particularly in cases involving individuals with criminal records.

As for selling the gun to someone without a record, this could be legally problematic. While the transfer of black powder guns may not always require the same procedures as other firearms, selling a gun that you are legally barred from possessing may raise legal issues. Moreover, the transfer of firearms (including black powder guns) in California generally requires going through a licensed firearms dealer and complying with state regulations, which include background checks.

If you believe that the gun was wrongfully taken or that you have a legal right to possess it despite your felony record, it may be advisable to consult directly with a lawyer who has expertise in firearms law. They can provide specific guidance based on the details of your situation and help you navigate the complexities of California’s firearms regulations.