What is the law on flintlock rifles in public?

[Quiet]

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

Because of exemptions. [PC 20175(g)&(k)]



Penal Code 20175
Section 20170 does not apply in any of the following circumstances:
(g) The imitation firearm is used at a fair, exhibition, exposition, or other similar activity for which a permit has been obtained from a local or state government.
(k) The imitation firearm is displayed on a wall plaque or in a presentation case.

[Quiet]

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?

If they have approval (permits) from their local Gov, then they would be exempt. [PC 20175(c),(g),(h),&(j)]



Penal Code 20175
Section 20170 does not apply in any of the following circumstances:
(c) The imitation firearm is used in a theatrical production, a motion picture, video, television, or stage production.
(g) The imitation firearm is used at a fair, exhibition, exposition, or other similar activity for which a permit has been obtained from a local or state government.
(h) The imitation firearm is used in a military, civil defense, or civic activity, including a flag ceremony, color guard, parade, award presentation, historical reenactment, or memorial.
(j) The imitation firearm is used in a parade, ceremony, or other similar activity for which a permit has been obtained from a local or state government.

[eighteenninetytwo]

Just musing, but if something made before 1898 is NOT considered a firearm, then how can a replica of it be considered a replica firearm

[Supersapper]

Just musing, but if something made before 1898 is NOT considered a firearm, then how can a replica of it be considered a replica firearm

I'm no lawyer, but my musing on the answer to that would be that it was not, in fact, manufactured prior to 1898. A Colt 1861 Navy revolver replica that was manufactured in, say 1976, by definition was not manufactured in 1860s.

Ergo, it is NOT 150 years old, but in fact only about 43 years old.

But Kommiefornia is so convoluted, that the answer could likely be anything.

[M1NM]

Black powder shooters are considered non firearms by state law - that's why you can mail order and have them shipped right to your door step. The only problem I have is Davey Crockett. Kit Carson would be a lot more approriate for CA and teach some local history. Long live the Bear Flag revolt. https://www.history.com/topics/mexic...ar-flag-revolt

[pacrat]

Just musing, but if something made before 1898 is NOT considered a firearm, then how can a replica of it be considered a replica firearm

I'm no lawyer, but my musing on the answer to that would be that it was not, in fact, manufactured prior to 1898. A Colt 1861 Navy revolver replica that was manufactured in, say 1976, by definition was not manufactured in 1860s.

Ergo, it is NOT 150 years old, but in fact only about 43 years old.

But Kommiefornia is so convoluted, that the answer could likely be anything.

The distinction is in the semantics of how the law is written. A true antique is a non-firearm if unloaded.

A "replica" firearm is a functioning copy of an "antique" firearm. Also non-firearm if unloaded.

A "imitation" firearm has no such antique connection. Since non functioning it covers all genre of firearms.

From Quiet's above post.

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]

[Quiet]

Black powder shooters are considered non firearms by state law - that's why you can mail order and have them shipped right to your door step.

Correction...
They are considered firearms under CA laws, however under certain circumstances they are granted exemptions under CA firearm laws.
^Which is why it is CA legal to mail order them direct to your address.


Under CA laws...

An "antique firearm" is still considered a firearm. [PC 16520(a)]

However, because of it's "antique" status it is granted specific exemptions to CA firearm laws.

Summary of exemptions under CA laws...

"Antique firearms" [PC 16170(b)] are only exempt from the following CA firearm laws:
01. Infreqent transfers. [PC 16520(d)(1)]
02. CA DROS. [PC 16520(d)(2)]
03. Operation of law transfers. [PC 16520(d)(3)]
04. "used firearm" transfer laws. [PC 16520(d)(4)]
05. Unloaded handgun open carry laws. [PC 16520(d)(5)]
06. Unloaded long gun open carry laws. [PC 16520(d)(6)]
07. Requirement to be a CA FFL dealer in order to transfer it. [PC 16520(d)(7)]
08. CA FFL dealer requirements when transferring firearms. [PC 16520(d)(8)]
09. Required minimum age to transfer. [PC 16520(d)(9)]
10. Required identifying marks/engravings on handguns. [PC 16520(d)(10)]
11. 10 day waiting period. [PC 16520(d)(11)]
12. PPT requirement to transfer through CA FFL dealer. [PC 16520(d)(12)]
13. Registration requirement for importing into CA and requirement to use CA FFL dealer to legally import into CA. [PC 16520(d)(13)]
14. Requirement to be licensed as a manufacturer in order to legally make in CA. [PC 16520(d)(14)]
15. Residential firearm storage requirements. [PC 16520(d)(15)]
16. "home built firearm" marking/engraving and registration requirements. [PC 16520(d)(16)]

In addition to the above, specific types of "antique firearms" [PC 16170(a)] are also exempt from these additional CA firearm laws:
01. Assault Weapons laws. [PC 30515(d)(1)]
02. .50BMG Rifle laws. [PC 30530(b)]

In addition to the above, specific types of "antique firearms" [PC 16170(c)] are also exempt from these additional CA firearm laws: [PC 17700]
01. Camouflaging firearm container laws.
02. Cane gun laws.
03. Unrecognizable firearm laws.
04. Short Barrel Rifle laws.
05. Short Barrel Shotgun laws.
06. Unconventional pistol laws.
07. Undetectable firearm laws.
08. Wallet gun laws.
09. Zip gun laws.



Penal Code 16170Penal Code 16520Penal Code 17700
The provisions listed in Section 16590 do not apply to any antique firearm.

Penal Code 30515Penal Code 30530