Black Powder Open Carry ????

[gaberaynes]

So I am curios If a Black Powder rifles and pistols are not considered firearms and are just classified as dangerous weapons why cant one cowboy up and hip sling one around.

I am not finding any law that says you cant talked to a deputy says doesnt know any reason why it would be illegal

So is this a possible work with the laws so I dont have a 30 round clip but yet still have the feeling of safety walking around

Please I would like all calguners to work thru this and if found to be a work around possibly all cowboy up

[tleeocinca]

If you are looking for that kind of attention, go ahead. I really don't see the point, other than getting attention you may or may not want from LEO

[bill_k_lopez]

So I am curios If a Black Powder rifles and pistols are not considered firearms and are just classified as dangerous weapons why cant one cowboy up and hip sling one around.

I am not finding any law that says you cant talked to a deputy says doesnt know any reason why it would be illegal

So is this a possible work with the laws so I dont have a 30 round clip but yet still have the feeling of safety walking around

Please I would like all calguners to work thru this and if found to be a work around possibly all cowboy up

You obviously didn't look at the CA PC.

Nice try, however it does seem that one could legally walk around with an unloaded blackpowder handgun (I didn't bother pulling the pc for "rifle or shotgun" but we can assume its there too).


CA PENAL CODE - SECTION 26350

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=26001-27000&file=26350

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.
and it goes on and on regarding "where"

CA PENAL CODE0 - SECTION 16100-17360

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=16001-17000&file=16100-17360

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.
(b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
(c) As used in the following provisions, "firearm" also includes a
rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(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.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26700 to 26915, inclusive.
(9) Section 27510.
(10) Section 27530.
(11) Section 27540.
(12) Section 27545.
(13) Sections 27555 to 27570, inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25135.
(e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
(f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.

[riddler408]

I can imagine someone walking down the street with a couple flintlock pistols attached to rope around the neck

[CSACANNONEER]

Stupid is as stupid does.

[tleeocinca]

"Hi sir, I see that you are carrying a Blunder Bus, may I inspect that rifle to ensure its not loaded"

[gaberaynes]

Sorry - only for the purpose of purchasing is it not considered a firearm. In terms of open carry it is - and in our lovely state its a no no.

Nice try.

So whats the law trying to find it

[bill_k_lopez]

So whats the law trying to find it

Sorry - its a lot to try and post without editing...but its done now.

[ChuckDizzle]

I would hope if you were to do so you would be wearing period accurate attire.

[stix213]

If you're trying to get this banned, just as doing so with unloaded handguns and rifles did, then this is the correct strategy as has already been proven.

[gaberaynes]

Sorry - its a lot to try and post without editing...but its done now.

Yeah I seen it thanks I am a lot bummed out now

[Librarian]

So I am curios If a Black Powder rifles and pistols are not considered firearms and are just classified as dangerous weapons why cant one cowboy up and hip sling one around.

bill lopez got it - see also the wiki -- http://wiki.calgunsfoundation.org/Antique_Firearms

[gaberaynes]

If you're trying to get this banned, just as doing so with unloaded handguns and rifles did, then this is the correct strategy as has already been proven.

So your saying sit on the sidelines never take a chance and hope that they keep forgetting
Sounds like that has happened long enough in cali and thats how we are at the point we are at now
Sorry I like my 2nd amendment and we are at the point (cuz of lack of action) that we have to go to ridiculous extremes to get People aware that those in power have already gone to far.

[Decoligny]

So I am curios If a Black Powder rifles and pistols are not considered firearms and are just classified as dangerous weapons why cant one cowboy up and hip sling one around.

I am not finding any law that says you cant talked to a deputy says doesnt know any reason why it would be illegal

So is this a possible work with the laws so I dont have a 30 round clip but yet still have the feeling of safety walking around

Please I would like all calguners to work thru this and if found to be a work around possibly all cowboy up

I think you have it wrong. The Black Powder rifles and pistols are under CA Penal Code "Antique Firearms" and are therefore not subject to certain requirments that "Modern Firearms" would be subject to. Transfer through an FFL for instance.

Further along in the Penal Code it defines "firearms" as:

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.
(b) As used in the following provisions, "firearm" includes the frame or receiver of the weapon:

The "Antique Firearms" you refer to above all meet the Penal Codes definition of "Firearm" listed in 16520, and as such, they fall under all the other rules that apply to any other firearm with the exception of those specifically identified as pertaining to "Antique Firearms".

Treat them just like a brand new Glock and you will stay out of jail.

[Decoligny]

You obviously didn't look at the CA PC.

Nice try, however it does seem that one could legally walk around with an unloaded blackpowder handgun (I didn't bother pulling the pc for "rifle or shotgun" but we can assume its there too).


CA PENAL CODE - SECTION 26350

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=26001-27000&file=26350

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.
and it goes on and on regarding "where"

CA PENAL CODE0 - SECTION 16100-17360

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=16001-17000&file=16100-17360

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.
(b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
(c) As used in the following provisions, "firearm" also includes a
rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(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.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26700 to 26915, inclusive.
(9) Section 27510.
(10) Section 27530.
(11) Section 27540.
(12) Section 27545.
(13) Sections 27555 to 27570, inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25135.
(e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
(f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.

So you could legally walk around with several flintlock pistols with a charge and ball in the barrel, but without any powder in the flash pan, and it would be considered "unloaded". Just have to have the powder horn at the ready, and the pirate costume to keep the cops from freaking out.