[Desert Scorpion]

Does any one know if you can carry a concealed Black Powder Pistol with no permits in the following states. California, Nevada , Arizona.

[Tallship]

Definitely cannot in California, and Nevada and Arizona are "shall issue" states so just get a permit there.

[Desert Scorpion]

Thanks

[Old Dragoon]

Most states consider BP pistols a weapon when it comes to concealed carry. believe it or not thare are place in California where you can obtain a CCW permit, Kern County for one. But back to the original question, BP weapons need a permit just like modern guns for CCW.

[BigBlock]

But back to the original question, BP weapons need a permit just like modern guns for CCW.

Depends on the state, of course. In CA it's best to just assume everything is illegal until proven otherwise. Nevada and Arizona might be different though, I suggest you find their statutes and read carefully. In Oregon it is legal to conceal a muzzleloader without a permit. There is a specific clause in the statutes exempting them from almost all gun laws.

[DixieTexian]

Depends on the state, of course. In CA it's best to just assume everything is illegal until proven otherwise. Nevada and Arizona might be different though, I suggest you find their statutes and read carefully. In Oregon it is legal to conceal a muzzleloader without a permit. There is a specific clause in the statutes exempting them from almost all gun laws.



Texas exempts any firearm manufactured before 1899 or any replica of a firearm manufactured before 1899 that does not use centerfire or rimfire cartridges from the definition of a firearm. The concealed carry law regulations are based on this definition of a firearm.

[wdlsguy]

Texas exempts any firearm manufactured before 1899 or any replica of a firearm manufactured before 1899 that does not use centerfire or rimfire cartridges from the definition of a firearm. The concealed carry law regulations are based on this definition of a firearm.
You might beat the rap, but you won't beat the ride. Meaning you will probably be arrested, although you might prevail in court. A CHL costs less than an hour or two of a good defense attorney's time.

[Imaginos]

The real question is "Do you want to be a test case?"

I have asked about the Texas statues related to cap-n-ball pistols at the police academy back in 1990, in every CHL class I have attended since, and of every instructor I have ever met, and nobody will give me a straight answer.

If you read the law, you can conceal or open carry a cap-n-ball pistol in Texas because it does not meet the definition of a firearm under the penal code or the CHL statutes, BUT if anyone complains you can be arrested for disturbing the peace because you caused "alarm" on the part of unspecified "others".

One of the things we were taught at the police academy was to slap on as many charges as possible so that something would stick. In this case, I would expect that you would be convicted unde the "looks like a duck" precedent and if nothing else, you lose your pistol. Get the permit and have a nice day.

[armoredman]

DixieTexian, that is a FEDERAL definition,for sale purposes. State definitions are often differant, i.e.,

AZ Title 13 Criminal Code.
13-3101. Definitions... "Deadly weapon" means anything that is designed for lethal use. The term includes a firearm...
4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.


Carry a BP revolver concealed without a permit is not legal in AZ, however, open carry is legal. As mentioned, we do have a 5 year Shall-Issue CCW permit.

[Old Dragoon]

I read the statutes for the surrounding states of CA. just the other night trying to decide where I want to move when I leave the Peoples Republik OF Kalifornia and I NOTED that most surrounding states, state that Bp firearms are considered firearms in the case of CCW! I found these on Gunbroker in the legal area. I loved AZ's take on carrying loaded firearms in a vehicle. IF there's not one in the pipe it's considered unloaded and can be transported in the vehicle. I see a Henry in the back window rack of my Pickemup if I come to AZ. Full Mag and none in the pipe....ready to is just a flick away!

[DixieTexian]

armoredman, that definition is almost a direct quote from the Texas Penal Code (section 46.01, I think). I wasn't saying that it is a good idea to carry one, I was just saying what the law says. No, I don't want to be a court case.

[SMLE]

In New Mexico, once you load it and put it in your pocket, it's Just like any other firearm. BP is usually NOT a way around carry laws.

[dstorm1911]

Old Dragoon, the reason ya don't see window racks here in AZ anymore at least not for carryin rifles is cause its gotten real popular to smash and grab guns...... ya would have the Henry right up till ya stopped the truck then ya'd be shopping for a new window and be short 1 Henry, if it looks like something a meth adict can get $30 for they will take it....... And I'm talkin bout the lesser crime ridden areas of pima and pinal counties etc... up in Phoenix ya won't even need to actually stop the truck someone will just put a .45 in your face and take it :(