Looking for info on Black Powder laws

[DeepSouth]

So the ATF doesn't conciser a black powder gun a firearm, what does that mean for carrying one? I feel sure most prohibited places would conciser it a "weapon" and therefore still prohibited. So you probably wouldn't get away with carrying it in a Post Office, Courthouse, Aiplane, ect, ect.

But you may well be able to carry it into a place that serves alcohol, or a very few other places that are "prohibited." Like places with legal "no guns" signs. These types of places are normally prohibited by State/Local laws, and I doubt most states/localities have considered BP guns in there laws. Which might make them legal to carry in those places.

I'm more just curious than anything, I might get a Black Powder NAA mini if I were to find out for certain it would be legal in a couple places I normally disarm, like Pizza Hut.

I have searched, and Googled and found little to nothing, I also know it will depend a lot on the state. If someone knows where I can start looking I would be very appreciative.

Thanks in advanced
DS

 

[TexasRifleman]

This question comes up often on gun forums and it's never really very clear.

One thing that does seem to be clear is that if you do this and you are found out you can be arrested or detained until the LEO's can determine whether or not the "thing" you are carrying really meets the definition of firearm or not.

You would probably win in court I guess is the bottom line. That of course after a night in jail and some attorney fees.

I've looked at it in Texas law and here it would probably work since BP guns are neither "firearms" nor "handguns" under the strict definition of the law, but I have no doubt I would get arrested if I open carried one to lunch today.

 

[drsfmd]

It depends on your state.

In my state, a person can freely buy a BP pistol, but if they also posess the necessities to load it, they have to put the BP pistol onto their permit (and you can't carry or shoot it at all if you don't have a permit).

 

[xcheck]

Furthermore, realize that many states have prohibitions on carrying explosives, especially concealed, and black powder is inculded. The pistol itself may not be illegal, but the powder to make it work would be. Confusing I know.

 

[DeepSouth]

Yep, this is about what I figured. More complicated than it's worth.

 

[barnetmill]

The main thing is that the purchase of muzzle loading small arms that use a 'cap' are not regulated. It is not the use of black powder that is key, but whether the guns are considered muzzle loading or not. I am not sure if the ATF was able to exclude guns using shotgun primers or not. The possession and portage of muzzle loading guns firing non-explosive shot is regulated by the states and also by other federal regulations on federal installations and lands.

The strange thing is that muzzle loaders are very deadly and yet not regulated, but criminals almost never use them.

 

[EOD Guy]

Black powder guns may not be "firearms' in many States, but they are still considered dangerous weapons in most.

 

[calaverasslim]

While Black Powder IS considered an explosive, I do not believe BP substitute is. IOW, if your BP instrument is loaded with Pyrodex, it is not an explosive not by Federal law a firearm.

Of course, I am probable 7 degrees out of whack here.

 

[Owen Sparks]

Black powder firearms were obsolete long before any federal gun laws existed. There are state and local laws on the books that have been there since the late 1800's and still apply to any concealed firearm.

 

[Jim K]

The problem is that one confuses laws that relate to purchase or ownership with laws that relate to carry or other activities.

Federal gun laws, like the FFA, define antique guns and include muzzleloaders, regardless of age; they also exempt them from regulations on transfer, etc. State laws generally do the same thing.

But carrying or using an "antique" gun falls under different laws that use terms like "deadly or dangerous weapons" and make no exceptions for any firearm. Does anyone think that if I decide to murder someone with my Model 1842 percussion pistol he is not dead or that I will not be arrested? Arguments that it is not a "firearm" won't get me anywhere in court, I assure you.

The same kind of law applies to carrying a gun or using it in an armed robbery or assault with a deadly weapon. That 1842 is no different from the latest Glock if I carry it concealed without a permit, or if I stick up a bank with it.

Jim