What is the law on flintlock rifles in public?

[zinfull]

In my town we have this character that is a really good guy that walks around as Davy Crockett. Well the police arrestedhim and the DA wants to prosecute for carrying a gun in public. What are his chances and do CA laws consider a none working flintlock a firearm in public?

http://www.sonomawest.com/the_healdsburg_tribune/opinion/letters/letters-to-the-editor-march--april/article_f6df5d18-5177-11e9-a989-a71c08c65e7b.html?fbclid=IwAR2qDbXKPUGkjmPP_U-KnQLdkshgXyBNDIOxtyFxVTRpU3xD8qLlQHYNr0M

[Bainter1212]

I believe it is not considered a firearm unless it is loaded.

[Quiet]

In my town we have this character that is a really good guy that walks around as Davy Crockett. Well the police arrestedhim and the DA wants to prosecute for carrying a gun in public. What are his chances and do CA laws consider a none working flintlock a firearm in public?

The article, in the link, does not say what the person was charged with.


An unloaded antique firearm is not considered a firearm, when considering CA unloaded firearms in public laws. [PC 16520(d)(5)&(6)]

If the antique firearm is non-functional, then it can be considered an imitation firearm. [PC 16700(a)(1)]

It is CA illegal to openly carry/display an imitation firearm in public places. [PC 20170]





Penal Code 16170
(b) As used in Section 16520, Section 16650, subdivision (a) of Section 23630, paragraph (1) of subdivision (b) of Section 27505, and subdivision (a) of Section 31615, “antique firearm” has the same meaning as in Section 921(a)(16) of Title 18 of the United States Code.

Penal Code 16520
(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm:
(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.
(6) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.

Penal Code 16700
(a)(1) As used in this part, “imitation firearm” means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.

Penal Code 16840
(b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section 25400, and in Sections 25850 to 26055, inclusive,
(1) A firearm shall be deemed to be “loaded” 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.
(2) Notwithstanding paragraph (1), 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.

Penal Code 20170
(a) No person may openly display or expose any imitation firearm in a public place.
(b) As used in this section, “public place” means an area open to the public and includes any of the following:
(1) A street.
(2) A sidewalk.
(3) A bridge.
(4) An alley.
(5) A plaza.
(6) A park.
(7) A driveway.
(8) A front yard.
(9) A parking lot.
(10) An automobile, whether moving or not.
(11) A building open to the general public, including one that serves food or drink, or provides entertainment.
(12) A doorway or entrance to a building or dwelling.
(13) A public school.
(14) A public or private college or university.

Penal Code 26350
(a)(1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(2) A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person, while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.

Penal Code 26400
(a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:
(1) An incorporated city or city and county.
(2) A public place or a public street in a prohibited area of an unincorporated area of a county.

[zinfull]

Quiet Thanks for the info. I will pass this on. The story was that a tourist complained and would not back down.

[IrishJoe3]

I've seen that guy for years. What a load of crock. Who? HPD?

[zinfull]

I've seen that guy for years. What a load of crock. Who? HPD?

That is the story making the round, HPD.

[Elgatodeacero]

This sounds like a case to fight.

If you cannot open carry a flintlock, or even a non firing replica of a flintlock, then the 2nd Amendment is dead.

[hambam105]

Anybody know the elements of California Penal Code 417? Davey might have just mouthed-off to the wrong person and was arrested for making terrorist threats.

I never heard of the person, but wouldn't it be something if the flintlock in question was an original worth tens of thousands of dollars. That would be a kick. It is most like just a junker.

[socom2shooter]

417 PC is for brandishing a deadly weapon other than a firearm. 422 PC is for criminal threats that your talking about. I really doubt that guy was doing anything wrong. I have seen him before.

[zinfull]

He been around for a long time and the gun is a old replica and I would not fire that gun. He is part of the town and harmless. Every couple of years someone calls the cops about a man walking around with a gun and it has never been a problem until now. Maybe we need a waiver for the tourist that they can visit but keep their mouths and politics to themself.

[hambam105]

When he returns someone should supply him with a replica bear skin to compliment the flintlock.

[-hanko]

This sounds like a case to fight.

If you cannot open carry a flintlock, or even a non firing replica of a flintlock, then the 2nd Amendment is dead.

QED...Are you thinking the 2nd Amendment is alive at this time in California?

[Quiet]

Anybody know the elements of California Penal Code 417? Davey might have just mouthed-off to the wrong person and was arrested for making terrorist threats.

I never heard of the person, but wouldn't it be something if the flintlock in question was an original worth tens of thousands of dollars. That would be a kick. It is most like just a junker.

417 PC is for brandishing a deadly weapon other than a firearm. 422 PC is for criminal threats that your talking about. I really doubt that guy was doing anything wrong. I have seen him before.

If the person is being rude, angry, or threatening to another person and is openly displaying a firearm, then it meets the requirements for brandishing. [PC 417(a)(2)]

So, while he is open carrying, if he mouthed off to someone, and that person felt threaten; then it could be considered "brandishing".



Penal Code 417
(a)(2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows:
(A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months.

Penal Code 422
(a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

[Coolguy101]

The article, in the link, does not say what the person was charged with.


An unloaded antique firearm is not considered a firearm, when considering CA unloaded firearms in public laws. [PC 16520(d)(5)&(6)]

If the antique firearm is non-functional, then it can be considered an imitation firearm. [PC 16700(a)(1)]

It is CA illegal to openly carry/display an imitation firearm in public places. [PC 20170]





Penal Code 16170Penal Code 16520Penal Code 16700Penal Code 16840Penal Code 20170Penal Code 26350
(a)(1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(2) A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person, while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.

Penal Code 26400
(a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:
(1) An incorporated city or city and county.
(2) A public place or a public street in a prohibited area of an unincorporated area of a county.

So how does disneyland, knotts berry farm, and other restaurants I've seen with replica guns on the walls get away with displaying them?

[big red]

does this mean that all the clubs that do wild west shows and people participating in local festivities are going to be arrested by the Newsom goons? we have some serious losers on this site now and it why friends of mine no longer trust it. I am sorry to say but I might have to agree with them when someone like bobby makes statements like he did in this conversation.