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  • Bruce
    Senior Member
    • Oct 2005
    • 2183

    Questions Just for the Sake of Discussion

    Since muzzleloaders are not legally considered firearms, if one were to carry, say a Colt 1851 Navy or one of the other reproductions concealed, would it be a 12025 violation? For that matter,would the same revolver carried openly and loaded be a 12031 violation.
    Please note, I am not advocating either action just posing the questions for discussion purposes only.
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44627

    Muzzle loaders are firearms in the 12001 sense:
    12001. (a) (1) As used in this title, the terms "pistol,"
    "revolver," and "firearm capable of being concealed upon the person"
    shall apply to and include any device designed to be used as a
    weapon, from which is expelled a projectile by the force of any
    explosion, or other form of combustion, and that has a barrel less
    than 16 inches in length. These terms also include any device that
    has a barrel 16 inches or more in length which is designed to be
    interchanged with a barrel less than 16 inches in length.
    (2) As used in this title, the term "handgun" means any "pistol,"
    "revolver," or "firearm capable of being concealed upon the person."
    (b) As used in this title, "firearm" means any device, designed to
    be used as a weapon, from which is expelled through a barrel, a
    projectile by the force of any explosion or other form of combustion.
    It's only in the transfer sense that antiques are not 'firearms'
    (e) For purposes of Sections 12070, 12071, and paragraph (8) of
    subdivision (a), and subdivisions (b), (c), (d), and (f) of Section
    12072, the term "firearm" does not include an unloaded firearm that
    is defined as an "antique firearm" in Section 921(a)(16) of Title 18
    of the United States Code.
    Yes, it would be a 12031 violation, since that is specified in (g)
    ... 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.
    So, a muzzle-loader with a barrel longer than 16" is, by definition, not concealable, so you might get a moderate blunderbuss legally under your coat, but it still couldn't legally be loaded in public.
    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!

    Comment

    • #3
      DedEye
      Calguns Addict
      • Nov 2006
      • 8655

      Funny, I just updated the Antique Firearms section of the CGF Wiki about that very topic earlier tonight .

      I did not include nearly as much info.

      Librarian, if you please ?
      These posts are Fiction. They do not contain legal advice, which can only be given by a lawyer. Any resemblance to real persons are pure coincidence. These posts may pose an inhalation hazard, reading can be harmful or fatal. No statements made on this forum are meant to represent any corporate or business entity, others, or myself. Especially not myself.

      Stop duping answers, help expand the FAQ.

      Why yes, that is me in my avatar and yes, I AM wearing a life jacket.

      WTS Keltec P11

      Comment

      • #4
        Army
        Veteran Member
        • Oct 2005
        • 3915

        You can carry it loaded all you want...just don't cap it.
        "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself...A murderer is less to fear. The traitor is the plague."......Cicero

        Comment

        • #5
          motorhead
          Veteran Member
          • Jan 2008
          • 3409

          in other states this exception is used by truckers to carry loaded in vehicles.
          sigpic Sic gorgiamus allos subjectatos nunc

          Comment

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