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View Full Version : Legality of Concealed Carry BLACKPOWDER Revolver


joelberg
10-05-2009, 2:46 AM
Not sure if I'm putting this in the right section, so moderators, please move it to the right place if this isn't it.

My question regards the legality of Concealed Carrying a Blackpowder Revolver (not a smokeless "firearm"). I would like to keep a loaded blackpowder revolver in my truck when camping for safety reasons, but I don't want to break the law and go to jail for not having a CCW permit.

My understanding is that since blackpowder guns are not technically "firearms" in CA that this would be legal to do without a CCW. I don't need to carry it around with me in a holster, just keep it in my truck at campgrounds on BLM land.

Also, Is it legal to open carry a loaded blackpowder gun in CA? No, I'm not going to go walking around Pacific Beach with my 1858 loaded and capped, I'm more interested in learning if I can open carry it loaded at a campsite on BLM land.

So I guess that's two questions combined into one: "Can I conceal my loaded BP revolver in my truck or open carry it in CA?"

Thanks for the advice and I realize that I am not paying a lawyer to tell it to me.

artherd
10-05-2009, 3:50 AM
BP guns become "firearms" once loaded.

joelberg
10-05-2009, 4:02 AM
BP guns become "firearms" once loaded.

Okay, so I guess that means NO to CC'ing a BP revolver in my truck at campgrounds :mad::rolleyes:

Oh well.

Thanks for the information. Keeps me out of trouble.

joelberg
10-05-2009, 4:06 AM
Other question added onto previous: Is it considered loaded if it has powder and a ball in the chambers but no ignition cap on the nipples?

artherd
10-05-2009, 4:27 AM
at that point just stick a full mag near an unloaded glock.

Teriod
10-05-2009, 4:32 AM
Other question added onto previous: Is it considered loaded if it has powder and a ball in the chambers but no ignition cap on the nipples?

no it not considered loaded if not capped, but even though, im not sure i would try and push that point with LE and try and carry that way

sometimes I transport my BPs with powder and ball because it cant be avoided, I just lock them away like regular guns here in PRK

G17GUY
10-05-2009, 11:58 AM
A campsite is a temporary residence, you can carry all you want on your campsite.

joelberg
10-05-2009, 2:38 PM
at that point just stick a full mag near an unloaded glock.

Good point.

joelberg
10-05-2009, 2:40 PM
A campsite is a temporary residence, you can carry all you want on your campsite.

Thanks for the info. So basically, when I set up camp in my truck on BLM land I CAN load my Smith or my Remington and keep it in the truck or carry it in the vicinity of my gear.

I wonder what the limit is as far as range from my truck/tent that carrying is allowed. Anyone know this?

sfpcservice
10-05-2009, 2:49 PM
A campsite is a temporary residence, you can carry all you want on your campsite.

I think if you were outside of your trailer or tent you could get bit by 12031 (Loaded in public) as there is no fence around your campsite therefore making it a "public place".

joelberg
10-05-2009, 2:50 PM
I think if you were outside of your trailer or tent you could get bit by 12031 (Loaded in public) as there is no fence around your campsite therefore making it a "public place".

That's what I was thinking.

I wonder if orange cones can count as a fence.

boxbro
10-05-2009, 2:54 PM
That's what I was thinking.

I wonder if orange cones can count as a fence.

I'm no lawyer and this should not be taken as legal advice, but I believe inside your tent, camper, or truck if you are sleeping in it, and you're good to go.

Southwest Chuck
10-05-2009, 3:14 PM
Read through this thread from Mudcamper: http://www.calguns.net/calgunforum/showthread.php?t=186457

Good Stuff !

Hunt
10-06-2009, 1:08 AM
Okay, so I guess that means NO to CC'ing a BP revolver in my truck at campgrounds :mad::rolleyes:

Oh well.

Thanks for the information. Keeps me out of trouble.

a campsite is considered temporary residence, I would think you should be able to keep loaded firearm handy.

packnrat
10-06-2009, 9:42 AM
The law says "camp site" so seeing as most camp sites do not extend more then 10 - 15 feet.
Beond that you get ouched.

As in a motel room, good to only to the threshold,
privet pourch/patio ( no access other than through the room) ok but get ready for your ouch if see by "others".

Choose and use very wisely.
Just one call man with gun, can mess up your free time.

.

E Pluribus Unum
10-06-2009, 10:51 AM
I carry loaded all of the time on BLM land.

Thanks to People vs Knight, loaded open carry is legal in unincorporated areas where discharge of a firearm is allowed.

If you are on BLM land that is not within an incorporated area, you can legally carry a loaded firearm whether you are camping or not.

joelberg
10-06-2009, 3:18 PM
What's a good way to find out if the place you're going to is an incorporated area or not?

Thanks a lot for the information E Pluribus

E Pluribus Unum
10-06-2009, 4:15 PM
What's a good way to find out if the place you're going to is an incorporated area or not?

Thanks a lot for the information E Pluribus

Many city/county maps have incorporated city limits on the maps.

Google earth is where I find incorporated city limits.

Southwest Chuck
10-08-2009, 3:16 PM
I just realized I posted the wrong link above in my previous post . Please forgive. I fixed it but Here Is Mudcamper's Thread on Guns in Forests and Parks again anyway: http://www.calguns.net/calgunforum/showthread.php?t=186457