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View Full Version : Black Powder Pistol and Locked Container a must?


c good
11-13-2008, 4:58 PM
Hi All:
A buddy and I went to the local range last weekend. I lock all my handguns in hard cases with master locks and place them in the back of my SUV. He brought along a black powder pistol that was not in a locked container. He informed me of this AFTER we got to the range. He said he didn't think it was a problem. I made him lock it up for the ride home. So...that is my question. Black Powder pistols same as other handguns locked container wise? Thanks for any info. c good

CSACANNONEER
11-13-2008, 5:56 PM
As long as it is not a BP cartridge handgun and it is not loaded, DOJ told me that they do not consider it a firearm. Although since many LEOs and civilians don't know this, it's not a bad idea to at least have it in a case.

CA_Libertarian
11-13-2008, 6:16 PM
Black powder pistols are the same as far as the concealment exemptions. If you choose to conceal them while you transport them, then yes it must be in an enclosed, locked case.

Be aware that none of your guns have to be concealed (and therefore locked up) to transport them, unless you knowingly travel within 1,000' of a K-12 school.

The main difference with black powder guns is in the definition of 'loaded' in 12031:

12031(g):
A firearm shall be deemed to be loaded for the purposes of
this section when there is an unexpended cartridge or shell,
consisting of a case that holds a charge of powder and a bullet or
shot, in, or attached in any manner to, the firearm, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.

GuyW
11-13-2008, 6:17 PM
As long as it is not a BP cartridge handgun and it is not loaded, DOJ told me that they do not consider it a firearm. Although since many LEOs and civilians don't know this, it's not a bad idea to at least have it in a case.

I dunno....I remember looking into a sister question, when I read that in some states a firearm is classified as a cartridge gun...and thus a BP pistol is a "loophole" for legal concealed carry without a CCW.

As I remember the result of my search, I concluded that such was NOT a CA loophole.

...thus, I presently think that the BP pistol has to be treated as a conventional gun...
.

c good
11-14-2008, 6:05 PM
Thanks guys. I'm going to have him lock it up in the future just to be safe. c good