Black Powder Revolver carry?
- Thread starter GunnerJ
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Armored farmer
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You are gonna need to find the answer to that for yourself, just to be sure.
Most law enforcement won't differentiate between a gun loaded with bp or one loaded with smokeless cartridges. Both will be considered a handgun or deadly weapon. Period.
I know what you're thinking....I was hoping to pack my cap 'n ball into Canada for black bear protection while out in the bush on a very remote fishing trip.....but no.
Welcome to THR.
Most law enforcement won't differentiate between a gun loaded with bp or one loaded with smokeless cartridges. Both will be considered a handgun or deadly weapon. Period.
I know what you're thinking....I was hoping to pack my cap 'n ball into Canada for black bear protection while out in the bush on a very remote fishing trip.....but no.
Welcome to THR.
Not necessarily true, the definition of a gun varies by local and in some black powders aren't legally considered guns. That being said I don't know the law in Idaho, perhaps someone familiar with the state can shed some light. A cop can't say a bp is a gun if the law explicity says that its not.
Thank you for the information, I have yet to find anything on it unfortunately. I have a pietta 1851 brass frame and I carry it when I'm hiking or working on the farm to shoot rattlesnakes, they are quite prevelant in my area, and I was worried that a cop would see me In my field and give me a ticket or something of that sort.
You have to research the law very carefully and skillfully on this point. Certain guns useable only with black powder are not subject to various laws relating to the transfer or shipping of firearms. However, that doesn't mean that a cap-and-ball revolver won't be considered under the law to be a loaded handgun for the purposes of laws relating to carrying loaded guns in public (or out in the world).vamo said:
Our laws are loaded with examples of certain definitions only being applicable for certain specific, narrow purposes.
Welcome to THR, GunnerJ.
In light of the above statement, I'd suggest that you contact an attorney. A one-half hour consulting fee may well keep you out of jail.
In light of the above statement, I'd suggest that you contact an attorney. A one-half hour consulting fee may well keep you out of jail.
Well I'm not too worried about it because I'm not going to have it on my hip in town or anything like that I will just have it on my property or when I'm hunting, and I highly doubt that the "law" is going to hike miles into the forest
BSA1
member
You don't need to talk to a attorney. Just write to the Attorney General of your state (email is ok) and him /her that question. The A.J. is the Chief Law Enforcement Offficer in the State so whatever ruling they give is usually binding.
Generally a bad idea and wrong.BSA1 said:
- A State Attorney General is the top lawyer for the State. He/she is not your lawyer. He/she represents the State and not you. What you say is not a confidential communication, as it would be to your lawyer.
- Most AGs will not provide a formal opinion to a citizen. Formal AG opinions generally are in response to a legislator or regulatory agency. And if an AG will render an opinion on request of a citizen, formal procedures usually need to be followed.
- AG opinions are not binding on courts.
- An informal answer from an employee of the AG's office is usually useless.
Armored farmer
Member
There are many reasons why minors are not issued ccp's.
You and I both know that packin while fixin fence is different than packin in the mall in town.
DO NOT take advise from armchair internet "experts" You must find out for yourself.
Ask your county sheriff. Find out....like I said in post 1.
You and I both know that packin while fixin fence is different than packin in the mall in town.
DO NOT take advise from armchair internet "experts" You must find out for yourself.
Ask your county sheriff. Find out....like I said in post 1.
pdsmith505
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Do you have daddy's permission? The law is very clear.
http://www.legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3302G.htm
Mind you, the disdain in my post is aimed at the way that section of Idaho law is written, not you.
http://www.legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3302G.htm
Mind you, the disdain in my post is aimed at the way that section of Idaho law is written, not you.
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This topic comes up all the time, usually raised by some fellow who is sure he has found a "loophole" in the law that will let him carry a loaded gun. Sorry, it won't.
Revolvers that do not fire fixed ammunition (which is what it appears is really meant, not "black powder revolvers") are exempt from purchase and ownership restrictions under Federal Law and most state law.
But I know of no state handgun carry law, concealed carry law, armed robbery law, or assault with a deadly weapon law that makes any such distinction. Most of the those laws refer to a "handgun" or a "deadly weapon" and don't even mention the kind of gun or the type of ammunition.
(I recently read that when auto pistols were first invented, some folks discovered that many state and local laws on carry, robbery, or whatever, referred to "revolvers". So, the lawyers argued, if a "deadly weapon" law specified a revolver, an automatic pistol didn't count. The courts allowed the ingenuity of the argument and convicted the bad guys anyway.)
Jim
Revolvers that do not fire fixed ammunition (which is what it appears is really meant, not "black powder revolvers") are exempt from purchase and ownership restrictions under Federal Law and most state law.
But I know of no state handgun carry law, concealed carry law, armed robbery law, or assault with a deadly weapon law that makes any such distinction. Most of the those laws refer to a "handgun" or a "deadly weapon" and don't even mention the kind of gun or the type of ammunition.
(I recently read that when auto pistols were first invented, some folks discovered that many state and local laws on carry, robbery, or whatever, referred to "revolvers". So, the lawyers argued, if a "deadly weapon" law specified a revolver, an automatic pistol didn't count. The courts allowed the ingenuity of the argument and convicted the bad guys anyway.)
Jim
MedWheeler
Member
From the Idaho statute linked above, the prohibition regarding minors in possession has several exceptions. Below is one of them.
This appears to put you in the clear regarding carrying around on your own family property with consent of your parent(s). It would also allow you to be in said possession while on the real property of another person with that person's consent as well, to both your presence and that of the gun.
This appears to put you in the clear regarding carrying around on your own family property with consent of your parent(s). It would also allow you to be in said possession while on the real property of another person with that person's consent as well, to both your presence and that of the gun.
BSA1
member
Humm interesting that the A.G.'s opinion is worthless but Frank is correct that a Judge can rule anyway he wants regardless of what the law says.
So the only other choice is to consult lawyers recognizing that each lawyer may have a different opinion of what the law says.
I found the A.G. in Kansas very helpful with getting my c.c. Permit. (The law was vague on my status as to if I needed to attend a class and qualify on the range).
So the only other choice is to consult lawyers recognizing that each lawyer may have a different opinion of what the law says.
I found the A.G. in Kansas very helpful with getting my c.c. Permit. (The law was vague on my status as to if I needed to attend a class and qualify on the range).
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Frank is also correct that AGs don't hand out formal opinions to just anyone. However, those opinions that they do hand out are often available online: http://www.ag.idaho.gov/publications/op-guide-cert_index.html
PistolPete45
Member
I would not count on a LEO to not shoot you on sight with the things going on lately If I remember correctly a Cali LEO shot and killed a boy not long ago for carrying a airsoft gun over to a buddy's house .
Stop spreading half truths and trying to stir up trouble. There are many LEOs here on THR that you are insulting.
As for the youth killed by sheriffs in Santa Rosa, CA, last year, how did they know what he had? It sure is easy to call it an "airsoft" now, but it certainly looked real, especially since he did not respond to their calls for him to drop it...
None of that has anything to do with the OP who wants to carry a sidearm while working on the farm.
I'll shut this down before it gets any further off track. Unless someone has specific and definitive information specifically regarding applicable Idaho law, I don't see what else we can do for the OP.
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