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Meplat
01-06-2010, 7:21 PM
According to the fish and game code a muzzle loading firearm is not loaded if it is “uncapped” or “unprimed”. Case law seems to consider a firearm loaded if it has a “cartridge” attached in such a way that it can be fired.

Question: Is a muzzle loading handgun loaded or not if it is not capped or primed?

a1c
01-06-2010, 7:38 PM
According to the fish and game code a muzzle loading firearm is not loaded if it is “uncapped” or “unprimed”. Case law seems to consider a firearm loaded if it has a “cartridge” attached in such a way that it can be fired.

Question: Is a muzzle loading handgun loaded or not if it is not capped or primed?

Fish and Game and CA state laws have different definitions of what loaded means.

Always go by the state law when in doubt (no loaded mags attached), especially if your vehicle is on a road, in which case state law applies.

ipser
01-06-2010, 7:50 PM
Has anyone tried UOC with a muzzle loader? I'd like to see the video of that 12031 check.

Nodda Duma
01-06-2010, 8:02 PM
From California Penal Code 12031 (I highlighted the pertinent part) :

(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.

cmth
01-06-2010, 11:57 PM
Powder & projectile in chamber, but no cap or priming charge = not loaded
Capped or primed, but no powder or projectile = not loaded
Powder & projectile, and primed or capped = loaded