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View Full Version : open carry of a cap and ball pistol


para-frame
07-31-2008, 9:29 PM
Cali law allows for open carry of (unloaded) fire arms and most other weapons, but according to the ATF and the Cali. DOJ cap and ball pistols are not fire arms. so would it be legal to carry, openly, a loaded NAA companion (http://www.impactguns.com/store/744253000041.html)?

No I would not actually do it but I have always wondered.

tombinghamthegreat
07-31-2008, 9:34 PM
I don't think so since it would still be considered a firearm the gun would still need to be unloaded(citiation needed)

nhanson
07-31-2008, 9:42 PM
Cali law allows for open carry of (unloaded) fire arms and most other weapons, but according to the ATF and the Cali. DOJ cap and ball pistols are not fire arms. so would it be legal to carry, openly, a loaded NAA companion (http://www.impactguns.com/store/744253000041.html)?

No I would not actually do it but I have always wondered.

If you leave the "caps" off, it technically is not loaded under Cali law......

Liberty1
07-31-2008, 10:46 PM
No I would not actually do it but I have always wondered.

Com'on, you know you want to.

12001. (a) (1) As used in this title, the terms "pistol,"
"revolver," and "firearm capable of being concealed upon the person"
shall apply to and include any device designed to be used as a
weapon, from which is expelled a projectile by the force of any
explosion, or other form of combustion, and that has a barrel less
than 16 inches in length. These terms also include any device that
has a barrel 16 inches or more in length which is designed to be
interchanged with a barrel less than 16 inches in length.
(2) As used in this title, the term "handgun" means any "pistol,"
"revolver," or "firearm capable of being concealed upon the person."
(b) As used in this title, "firearm" means any device, designed to
be used as a weapon, from which is expelled through a barrel, a
projectile by the force of any explosion or other form of combustion.

(e) For purposes of Sections 12070, 12071, and paragraph (8) of
subdivision (a), and subdivisions (b), (c), (d), and (f) of Section
12072, the term "firearm" does not include an unloaded firearm that
is defined as an "antique firearm" in Section 921(a)(16) of Title 18
of the United States Code.

I'd say 12031 & 12025 seem to apply. I could easily be wrong. I'm not familiar with the antique/replica market.

para-frame
07-31-2008, 11:24 PM
Yeah I lied, I want to do it. so as long as there are no caps on the nipples it would be legal. could you carry the loaded cilinder out of the gun, it would be like a mag. on an auto and legal, right?