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It it true you can conceal carry a black powder pistol?

Discussion in 'Legal' started by 3twelves, Dec 9, 2012.

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  1. 3twelves

    3twelves member

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    My friend bought a 1851 navy black powder revolver and claims he can carry it around without a permit. I laughed at him. :D
     
    Last edited: Dec 11, 2012
  2. Aikibiker

    Aikibiker Member

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    Well if your state does not classify BP weapons as firearms like mine (Fl) does then your friend would not be guilty of carrying a concealed firearm without a permit. He would however be guilty of carrying a concealed weapon without a permit. In Fl it is an important distinction since one is a felony and the other a misdemeanor.

    In my state it is illegal to open carry a firearm, but it is perfectly legal to carry a weapon openly, so you could technically carry a BP revolver in a holster plainly visible. I am pretty sure you would eventually win the court case after your arrest, too.
     
  3. The Lone Haranguer

    The Lone Haranguer Member

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    A grey area at best. It is true that there are fewer restrictions on buying a BP handgun, but carrying one, especially concealed, is different. It will still be viewed as both a handgun and a weapon.
     
    Last edited: Dec 9, 2012
  4. 45_auto

    45_auto Member

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    If he gets caught with it, he'll get an opportunity to prove whether he's correct or not in front of a judge.

    Whether he wins or loses, it's not going to be cheap either way.
     
  5. 3twelves

    3twelves member

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    That's what I thought. Got to shoot it today, took forever to load but was pretty fun even though I couldn't hit the target...lol
     
  6. The Lone Haranguer

    The Lone Haranguer Member

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    Cap & ball revolvers can be fun - I once owned a Ruger Old Army myself - but I would not recommend one for self defense. Ever have a cap fragment fall into the action? There is a reason why the self contained metallic cartridge was such a breakthrough. ;) Since, when carrying them, they will still be seen in the eyes of the law as a concealed weapon without a permit, there is no advantage.
     
  7. FIVETWOSEVEN

    FIVETWOSEVEN Member

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    I got a Colt .44 that is my $20 project gun which I am refinishing. Might carry it for fun when I get it cleaned up. Under New Hampshire it's legal to carry without a permit.
     
  8. hirundo82

    hirundo82 Member

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    As far as I can tell, it's not illegal to carry a BP revolver without a CHL in Texas.
     
  9. DPris

    DPris Member

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    It's an 1851 Navy replica, not a 1951.
    I can't imagine it being exempt from all concealed carry laws, it remains a firearm & "deadly weapon".
    I would not risk it without a permit.
    Denis
     
  10. Skribs

    Skribs Member

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    I'd think it would depend on state and local ordnances more than anything.
     
  11. mdauben

    mdauben Member

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    I'm hardly a lawyer or expert on the law, but many/most of the state laws regarding concealed weapons restrictions I've seen have some catch-all phrase to include anything "carried as a weapon". This is I think usually intended to cover improvised weapons like screwdrivers, padlocks, etc. but I can easily see it applied to muzzle loading handguns (assuming they can't simply be treated as firearms).
     
  12. Sam1911

    Sam1911 Moderator

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    The problem is that your friend is confusing the federal laws on what constitutes a "Firearm" for the purposes of ownership, possession, transfer, etc. and the various state laws which govern carrying concealed WEAPONS.

    A weapon does not have to meet the federal definition of a "Firearm" to be considered a dangerous weapon and to get someone in trouble for carrying it where (or in a manner) that is against the law.
     
  13. NavyLCDR

    NavyLCDR member

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    If you would tell us what state we are talking about, we could give you some kind of accurate answer. Without knowing what state you are talking about, all we can do is laugh at you. :D
     
  14. Kaeto

    Kaeto Member

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    I have concealed carried this:

    DCP00376.gif


    But not without my CPL permit. I have also concealed carried a .455 Webley Mk VI
     
  15. CZguy

    CZguy Member

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    Interesting. What do you carry it in?
     
  16. Kaeto

    Kaeto Member

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    In a off brand shoulder rig under a winter coat.
     
  17. 45_auto

    45_auto Member

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    If he's in Louisiana, he can't even carry it with a permit, since the permit only applies to "handguns" capable of firing fixed cartridge ammo.

    RS:1379.1 Concealed Handgun Permit:

    However, he would be guilty of illegal carrying of a weapon (even if he had a permit, since the permit doesn't apply to cap-and-ball) if the judge decided that it was "customarily used or intended for probable use as a dangerous weapon".

    RS 14:95 Illegal carrying of weapons

     
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