Revolvers and gun laws

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ldlfh7

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Is it legal to have a 6 shot revolver in all 50 states? I realize there are different laws governing how they may be transported (loaded/unloaded/etc) but just want to know if your basic 6 shooter is legal in all 50 states.
 
Provided you follow all of the laws...... a six shot revolver should not be banned anywhere thanks to the Heller decision.
 
If you follow all of the laws, which may include FOID cards or registration or owner licensing, and such in a few places, then yes, there are ways for a resident of any of the 50 states to legally own a revolver.

In other words, there are no US States that have an outright ban own owning a revolver.
 
I am not aware of any law in any state or jurisdiction which restricts capacity below 7, and most magazine restriction laws apply to exactly that-magazines. Furthermore, firearms like .22s and pistol caliber leverguns that may hold more rounds than the limit in a fixed tubular magazine are generally not subject to such laws.
 
Sam1911 said:
If you follow all of the laws, which may include FOID cards or registration or owner licensing, and such in a few places, then yes, there are ways for a resident of any of the 50 states to legally own a revolver.

In other words, there are no US States that have an outright ban own owning a revolver.
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I think Sam1911 has pretty well pegged this one. With that said, you (OP) appear to already be aware of the distinctions between "ownership," "possession," and "transport." You don't want to overlook those distinctions.
 
Sam1911 said:
If you follow all of the laws, which may include FOID cards or registration or owner licensing, and such in a few places, then yes, there are ways for a resident of any of the 50 states to legally own a revolver.

In other words, there are no US States that have an outright ban own owning a revolver.
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No not a outright ban but in "may issue" states it may be imposable depending on the judge. Friend of mine is going though this in NY.
 
Depending on the caliber of the revolver, it may be banned in certain States.

For example...

Under CA laws, a "short barrel shotgun" is defined as any firearm that can shoot a shotgun shell with a barrel length of less than 18". [PC 17180(a)]

Since a handgun chambered in .45LC/.410 can shoot a .410 shotgun shell, it is effected by this.

This causes revolvers and pistols chambered in .45LC/.410 to be classified as "short barrel shotguns" and illegal to import/make/transfer/possess in CA.

Example of .45LC/.410 handguns banned a "short barrel shotguns" in CA:
MIL Inc Thunder Five
S&W Governor
Taurus Judge
Thompson/Center Contender with 10" .45LC/.410 barrel
 
If I were to travel through a state (not visiting, just moving through) requiring a FOID card would there be anyway I could legally transport the revolver? Would this be a question for that state police agency?
 
If you are passing through any state, the Firearms Owner's Protection Act (FOPA) covers you. Basically, as long as the firearm is legal where you started and will be legal where you're going, you're okay. The firearm must be unloaded and not accessible. Google FOPA for details.
 
If you are passing through any state, the Firearms Owner's Protection Act (FOPA) covers you. Basically, as long as the firearm is legal where you started and will be legal where you're going, you're okay. The firearm must be unloaded and not accessible. Google FOPA for details.
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Ok, so that's only part of the story.


FOPA is an "affirmative defense." That means that AFTER you are detained, arrested, jailed, arraigned, released on bail, hire a lawyer, travel back to the state and appear in court, THEN your lawyer can present the evidence he feels will show that at the time of your arrest you met the requirements of FOPA and he can argue before the court that your case must be acquitted due to having successfully met the terms of that affirmative defense.

It isn't something you can wave at an officer who's arresting you for breaking state law and say, "Oh, I've got FOPA, so you have to let me go on my way."

IF you prove your case, you can "beat the rap." But you can't "beat the ride."
 
Quiet said:
Depending on the caliber of the revolver, it may be banned in certain States.

For example...

Under CA laws, a "short barrel shotgun" is defined as any firearm that can shoot a shotgun shell with a barrel length of less than 18". [PC 17180(a)]

Since a handgun chambered in .45LC/.410 can shoot a .410 shotgun shell, it is effected by this.

This causes revolvers and pistols chambered in .45LC/.410 to be classified as "short barrel shotguns" and illegal to import/make/transfer/possess in CA.

Example of .45LC/.410 handguns banned a "short barrel shotguns" in CA:
MIL Inc Thunder Five
S&W Governor
Taurus Judge
Thompson/Center Contender with 10" .45LC/.410 barrel
Click to expand...


That's a good point.... one that I often fail to remember.
 
Quiet

Under CA laws, a "short barrel shotgun" is defined as any firearm that can shoot a shotgun shell with a barrel length of less than 18". [PC 17180(a)]
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How do they differentiate between revolvers that can shoot snake/bird shot in various calibers and 45/410 revolvers?
 
From a distance?

By the ~3" cylinder thats about 2x longer than needed to shoot just 45lc


Up close?

By the markings on the gun.
 
Sam1911, I'm not saying what you claim in post #12 can't happen. Undoubtedly there have been thousands of people who have transported guns through states like NJ and NY that haven't had any problems. There are few, if any, stories of people arrested while passing through a state with firearms that are "illegal" there and having to use FOPA as a defense. These stories would assuredly make the rounds of gun forums via the Internet.
 
Undoubtedly there have been thousands of people who have transported guns through states like NJ and NY that haven't had any problems.
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Oh, of course. But there are many thousands who do all sorts of things and, since they don't get caught, they don't have any problems.

I was illustrating how the law works, not trying to predict probability of whether you'll get caught.

There are few, if any, stories of people arrested while passing through a state with firearms that are "illegal" there and having to use FOPA as a defense. These stories would assuredly make the rounds of gun forums via the Internet.
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Yes, those stories do certainly make the rounds of the forums. As do the ones where police make a hard time for a traveler, certain s/he is carrying firearms when they are not! Some places are very, very unfriendly to the visiting gun owner. ... if they get caught.
 
Sam1911, it's not "getting caught".

If police encounter people transporting firearms IAW with FOPA and allowed to proceed, there is no story anywhere.
 
I've heard many stories that end well from LEO encounters in gun friendly states but I don't think I've heard a single one from NY, NJ, MD or other states that generally forbid non residents from handgun possession.
Has anyone encountered officer friendly, proven their FOPA status and been sent on their way unmolested?
 
Hmm, Grizz? I'm not sure what you're saying.

If IS getting caught, if you get caught. You ARE indeed, in reality, breaking that state's law and you are, in fact, perfectly susceptible to arrest for that. It does happen and there are documented cases that have made the news and the rounds of the gun boards.

I don't grasp if you're suggesting that a lot of people breeze on through those states without attracting any officer's notice? Sure, of course they do! And it's wise to behave so, no matter how law-abiding you are.

Or maybe you're suggesting that there are many instances where people are pulled over, their cars searched, and guns found where the driver utters the magic words, "FOPA, FOPA, Alakazam!" and the officer chuckles wryly and bids them godspeed on their way because now the law doesn't apply to them?

(Remember, there's a great danger in considering that the legal situation is a certain way because of the cases you happen to know about, or DON'T know about. How many gun arrests are there where FOPA might apply, or you think it should apply, but those cases turn a different way and/or don't make a big splash on internet forums? Don't bet too much on it.)

It is important to remember that affirmative defenses like FOPA are "rebutable" -- meaning that sure, you said you were just passing through, but the DA isn't necessarily going to take that at face value. If he or she feels that they can prove you stopped off for the day to sight-see, or went out to dinner with friends, or whatever else that could turn that state into one of your journey's destinations, not simply a passing-through situation, then your FOPA protection evaporates. That's probably not going to hit the press as a "FOPA" case, because the FOPA claim was tossed out.

Now, sure, if an officer finds that you have a gun and decides not to apply his state's law to you -- which would be increasingly unlikely in these days where every officer's traffic stops are recorded on film and audio, thus lessening his/her willingness to turn a blind eye to a felony, on the record -- then that isn't going to make the papers, either. (Just like when an officer DOESN'T arrest someone he finds with drugs, or DOESN'T pull over a speeder.)

An officer in NY or NJ will be able to quote chapter and verse of what state law you're breaking. He or she may have heard of FOPA, perhaps ... call it 50/50 odds, but FOPA doesn't apply to them. It doesn't instruct an arresting officer how to proceed. It tells a judge how to instruct a jury, once you're prosecuted for breaking that state law.
 
I've lived in NJ most of my life. I retired after 30 years as an LEO, most of it in NJ. No, people transporting guns through NJ that are discovered with the guns don't get out of the car yelling "FOPA". LEOs in NJ are well versed in FOPA. They will ask where are you coming from and where are you going. If they fit the the requirements of FOPA, they proceed unhindered. You don't hear about these non-incidents.

If you go to the New Jersey State Police website, click on public information, firearms info, and transporting firearms through NJ you will see FOPA referenced. NJSP is who will most likely encounter on the interstates. The video and audio taping by police at the scene give a person more evidence if they are transporting firearms under FOPA. It's not a case of an officer not applying state law, it's a case of the officer applying the federal law and letting the person proceed.

Horror stories of people being arrested for firearms in NJ have nothing to do with FOPA. They have to do with people inadvertently violating NJ gun laws. I'm not defending NJ gun laws. They're horrible. Some of the most stupid laws in the country.

You can believe what you want. However, there is a lack of stories of people transporting firearms under FOPA being arrested.
 
Ok, Grizz, thank you for your clarification, and I appreciate that insight. I had not heard that there was any effort made by NJSP to respect/apply FOPA and that is actually quite good to hear. So my apologies for being a bit doubting.

So while NJ law remains what it is, it sound like in your experience, NJSP instructs its officers to apply discretion due to the federal law that would make the case moot?
 
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