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Can the Californicated carry muzzle loaders?

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  • sigstroker
    I need a LIFE!!
    • Jan 2009
    • 19769

    Can the Californicated carry muzzle loaders?

  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44670

    For all criminal purposes, 'muzzle loaders', aka 'antique firearms', are firearms.

    For example, no, one may not carry an antique firearm concealed in public without CCW.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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    • #3
      200Apples
      -DVC- Mojave Lever Crew
      CGN Contributor - Lifetime
      • Dec 2011
      • 7217

      I have no cap-and-ball firearms, but I think I want one of these.
      .
      "Get a proper holster, and go hot. The End." - SplitHoof

      NRA Lifetime | Avatar courtesy Elon Musk's Twitter User SomthingWicked

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      • #4
        pacrat
        I need a LIFE!!
        • May 2014
        • 10285

        Originally posted by 200Apples
        I have no cap-and-ball firearms, but I think I want one of these.
        Even at a bit over $500 after taxes?

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        • #5
          sigstroker
          I need a LIFE!!
          • Jan 2009
          • 19769

          Originally posted by Librarian
          For all criminal purposes, 'muzzle loaders', aka 'antique firearms', are firearms.

          For example, no, one may not carry an antique firearm concealed in public without CCW.
          Well that's a shame.

          Comment

          • #6
            Quiet
            retired Goon
            • Mar 2007
            • 30242

            Under CA laws/regulations...

            It is illegal to conceal carry an antique firearm in public, unless it is listed on the person's valid CA LTC permit.
            ^Exemptions to this makes it is legal to conceal carry an antique firearm inside your residence.

            It is illegal to carry/possess a loaded antique firearm in public and on any road/highway.
            ^Exemptions to this makes it is legal to carry/possess a loaded antique firearm inside your residence or in an area where it is legal to discharge a firearm.

            It is legal to open carry an unloaded antique firearm in non-GFSZ public. [PC 16520(d)(5)&(6)]
            ^No exemptions to CA GFSZ laws. [PC 626.9(e)(2)]



            Penal Code 16520
            (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 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.

            Penal Code 16840
            (a) As used in Section 25800, a firearm shall be deemed to be “loaded” whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person.
            (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.
            Last edited by Quiet; 01-18-2020, 1:37 AM.
            sigpic

            "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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            • #7
              9mmrevolver
              Senior Member
              • Nov 2006
              • 1477

              What happened to their so called only muskets arguement. Damn these red coats

              Comment

              • #8
                tabascoz28
                Veteran Member
                • Mar 2016
                • 3364

                So it's not just me. Got a 1858 Remington New Army coming and building a Kentucky Long Rifle .50 cal flintlock from a kit. Be aware that cap and ball is easier to use with black powder substitutes, flints need black power in the flash pan and you can only have 1lb at a time.

                Comment

                • #9
                  edgerly779
                  CGN/CGSSA Contributor
                  CGN Contributor
                  • Aug 2009
                  • 19871

                  The problem with a flintlock long rifle is unloading. Mine has a removable breech plug to make unloading and cleaning easier.

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