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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 11-13-2008, 4:58 PM
c good c good is offline
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Default Black Powder Pistol and Locked Container a must?

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
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Old 11-13-2008, 5:56 PM
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CSACANNONEER CSACANNONEER is offline
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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.
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Old 11-13-2008, 6:16 PM
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CA_Libertarian CA_Libertarian is offline
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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):
Quote:
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
.
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It's been more than 50 years since the US Supreme Court declared it unconstitutional to require a test and a tax for people to exercise their right to vote. Why is my right to carry a gun any different? I don't want a permission slip from a bureaucrat; I don't want to pay a tax or take a test. "Shall issue" is NOT good enough.
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Old 11-13-2008, 6:17 PM
GuyW GuyW is offline
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Quote:
Originally Posted by CSACANNONEER View Post
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...
.
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Old 11-14-2008, 6:05 PM
c good c good is offline
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Thanks guys. I'm going to have him lock it up in the future just to be safe. c good
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