Would this type of carrying case be illegal

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johnnyh

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A friend has a black wallet type carrying case for a High Standard Model D-101 Derringer. Someone told him that the case alone is illegal to own. Would this be true?
 
People will say alot of things that arent rue, and that make no sense. Of course never undersestimate anything in the "peoples republic of California".
Seek the truth, sounds like BS personally to me. It is after all a wallet, but in CA I wouldnt doubt that having something to protect your money and make it harder for thieves to take it from you is probably illegal.
 
It's a destructive device and must be registered as such if he can fire the derringer while it's still in the "wallet". All legal holsters/cases require the gun to be incapable of being fired while holstered/cased, if i'm not mistaken.
 
BhmBill said:
It's a destructive device and must be registered as such if he can fire the derringer while it's still in the "wallet". All legal holsters/cases require the gun to be incapable of being fired while holstered/cased, if i'm not mistaken.
You are mistaken. It is not a DD.

johnnyh said:
A friend has a black wallet type carrying case for a High Standard Model D-101 Derringer. Someone told him that the case alone is illegal to own. Would this be true?
Can the derringer be fired while in the case?
If it can, then it is illegal.
If it can not, then it is legal.

Penal Code 12020
(a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
(1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.
(c)(4) As used in this section, a "wallet gun" means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case.
 
If you bought it prior to Clinton, it is 'grandfathered' in.

I can't imagine anyone keeping receipts that long.

You can't transfer it though w/o jumping through ATF hoops.

I had one for a Seacamp .32.

salty
 
But wait, unless the wallet holster is bullet proof, couldn't one fire through it (like if there isn't a good trigger guard part)?
 
It's not just California law.

ATF classifies a firearm as a "Any Other Weapon" (AOW) when it is paired with a device such as a "wallet" holster that disguises the firearm AND allows it to be fired from such device.

Similarly, ATF classifies "pen guns", "cane guns", etc as NFA firearms because they too do not appear to be firearms. There is one type of pen gun that must be bent into an "L" shape before firing- that keeps it out of the NFA.

Do a search on google or GunBroker and you'll find a number of interesting holsters- some are NFA AOW's, some not. One holster available for KelTecs exposes the slide, only covering the frame and is claimed to not be an AOW.
 
Not quite. The gun is legal by itself. The holster is legal by itself. Possessing the gun and holster is constructive possession of an Any Other Weapon.

On the other hand, there is nothing stopping anyone from filing the paperwork, paying the $5 tax, and making thing perfectly legal.
 
deacon8: So a holster, by itself, could be considered illegal?

No.

Reread my post:
ATF classifies a firearm as a "Any Other Weapon" (AOW) when it is paired with a device such as a "wallet" holster that disguises the firearm AND allows it to be fired from such device
 
Ok...

I'm not trying to be a jerk, but your original post is irrelevant. Who cares about the firearm AND being paired with something. Hence, confusion right?

Alright, sounds like the wallet IS legal. Man, things are screwed up if we are trying to decipher law, in order to determine whether a wallet/holster is legal or not.:mad:
 
I noticed Quiet's list didn't include a swordstick. A couple of years ago in England this old guy was being hassled by an aggressive beggar who upped the level to wannabe mugger. The old guy calmly unsheathed a sword from his walking stick and disemboweled the creep. I'd have paid good money to have seen that.
 
I guess my question is,

If the holster/"wallet" isn't paired with the Derringer, what good is it?

Do they make money in the shape of a Derringer that you could store in it? :confused:
 
Just a second. So a purse/fanny pack designed for carry that has a pocket for carrying a handgun, which allows you to have a firing grip on the handgun while it is in the pocket is illegal when you have a handgun in the pocket?

My head is starting to hurt....

Steve
 
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