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Muzzleloader in gun rack within 1000' of a school?

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  • FXR
    Senior Member
    • Aug 2010
    • 500

    Muzzleloader in gun rack within 1000' of a school?

    Hi all, I'm thinking about throwing an old wall hanger muzzleloading shotgun in the gun rack in my truck just to put guns back into the local collective consciousness. Would a muzzleloader still have to be in a locked container when driving within 1000 feet of a school?

    Also, I sometimes drive on the publicly accessible roads running through the UCSB campus. Is a muzzleloader a problem here?
    "I'm so hard, b****, I carry TWO in the chamber!"
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  • #2
    N6ATF
    Banned
    • Jul 2007
    • 8383

    If it is illegal, I wonder if putting a 3Dish realistic decal in your window would achieve the same result.

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    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44627

      Originally posted by FXR
      Hi all, I'm thinking about throwing an old wall hanger muzzleloading shotgun in the gun rack in my truck just to put guns back into the local collective consciousness. Would a muzzleloader still have to be in a locked container when driving within 1000 feet of a school?

      Also, I sometimes drive on the publicly accessible roads running through the UCSB campus. Is a muzzleloader a problem here?
      Muzzleloaders are still firearms.

      For compliance with the Federal GFSZ, locking it into the rack would be fine. Doesn't have to be in a container/case.

      But on campus is a kettle of fish of a different color. I don't know UCSB, but something like a major street running through campus should be OK (perhaps the school grew to be on both sides, or some such thing), so long as you don't stop/park.
      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      Frozen in 2015, it is falling out of date and I can no longer edit the content.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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      • #4
        Mssr. Eleganté
        Blue Blaze Irregular
        CGN Contributor - Lifetime
        • Oct 2005
        • 10401

        Originally posted by Librarian
        Muzzleloaders are still firearms...
        Muzzle loaders are not firearms under the Federal Gun Free Schools Act.

        Muzzle loaders are firearms under California law, but doesn't the California gun free school law exclude long guns? At least the K-12 section???
        __________________

        "Knowledge is power... For REAL!" - Jack Austin

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        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44627

          Muzzle loaders are not firearms under the Federal Gun Free Schools Act.

          Muzzle loaders are firearms under California law, but doesn't the California gun free school law exclude long guns? At least the K-12 section???
          Oi!

          I begin to hate the GFSZ. (It was, before, a significant annoyance and IMVHO likely an unconstitutional exercise of the Commerce Clause by the Congress, and totally useless at either level - I mean, what's not to like?)

          CA's GFSZ does exclude long guns from regulation in the 1000 foot zone (which is K-12 only), but not from regulation on the property/grounds (which is all levels).

          Shouldn't we give our LEOs something better to worry about?
          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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          • #6
            neuron
            Member
            • Mar 2010
            • 257

            Originally posted by Librarian
            Muzzleloaders are still firearms.

            For compliance with the Federal GFSZ, locking it into the rack would be fine. Doesn't have to be in a container/case...
            It is a firearm, but as a long gun it is not "concealable," so keeping it unloaded (for antique arms this means different things) and "locked" should be OK. But...IANAL.

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            • #7
              thevic
              Senior Member
              • Feb 2010
              • 1910

              I thought the gun has to be in a locked container and a trigger lock or rack is not considered a locked container....
              Victor M.

              Spartan Precision Rifles 07 FFL/SOT
              Caldwell, ID

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              • #8
                jshoebot
                Senior Member
                • Feb 2010
                • 1857

                The GFSZ only applies to "firearms capable of being concealed upon the person." That means any firearm with a barrel less than 16", not long guns. So your muzzleloader doesn't need to be locked or in a case or anything like that. It just can't be loaded, and it can't be on school grounds (K-12). Not sure how it works with colleges and public roads though.
                Any opinions expressed in my posts are not necessarily the opinions of any organizations in which I am a member.

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                • #9
                  jtmkinsd
                  Senior Member
                  • Mar 2010
                  • 2352

                  Originally posted by FXR
                  Hi all, I'm thinking about throwing an old wall hanger muzzleloading shotgun in the gun rack in my truck just to put guns back into the local collective consciousness. Would a muzzleloader still have to be in a locked container when driving within 1000 feet of a school?

                  Also, I sometimes drive on the publicly accessible roads running through the UCSB campus. Is a muzzleloader a problem here?
                  I would think from the head scratching your question causes...it would be a bad idea. Although your thoughts are well intended, you have to ask yourself if it's worth a prolonged encounter with LE after a 911 call from a panic stricken student or staff member of the school. Just something to think about IMHO.
                  Originally posted by orangeglo
                  Welcome to failtown, population = you.

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                  • #10
                    thevic
                    Senior Member
                    • Feb 2010
                    • 1910

                    Im confused now. This whole time i thought long guns must be locked in a GFSZ
                    Victor M.

                    Spartan Precision Rifles 07 FFL/SOT
                    Caldwell, ID

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                    • #11
                      jtmkinsd
                      Senior Member
                      • Mar 2010
                      • 2352

                      Originally posted by thevic
                      Im confused now. This whole time i thought long guns must be locked in a GFSZ
                      (a) This section shall be known, and may be cited, as the
                      Gun-Free School Zone Act of 1995.
                      (b) Any person who possesses a firearm in a place that the person
                      knows, or reasonably should know, is a school zone, as defined in
                      paragraph (1) of subdivision (e), unless it is with the written
                      permission of the school district superintendent, his or her
                      designee, or equivalent school authority, shall be punished as
                      specified in subdivision (f).
                      (c) Subdivision (b) does not apply to the possession of a firearm
                      under any of the following circumstances:
                      (1) Within a place of residence or place of business or on private
                      property, if the place of residence, place of business, or private
                      property is not part of the school grounds and the possession of the
                      firearm is otherwise lawful.
                      (2) When the firearm is an unloaded pistol, revolver, or other
                      firearm capable of being concealed on the person and is in a locked
                      container or within the locked trunk of a motor vehicle.
                      This section does not prohibit or limit the otherwise lawful
                      transportation of any other firearm, other than a pistol, revolver,
                      or other firearm capable of being concealed on the person, in
                      accordance with state law.


                      And this from DOJ website:

                      Nonconcealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported. A rifle or shotgun that is defined as an assault weapon pursuant to Penal Code 12276 or 12276.1 must be transported in accordance with Penal Code section 12026.1.
                      Originally posted by orangeglo
                      Welcome to failtown, population = you.

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                      • #12
                        thevic
                        Senior Member
                        • Feb 2010
                        • 1910

                        Well ill be damned
                        Victor M.

                        Spartan Precision Rifles 07 FFL/SOT
                        Caldwell, ID

                        Comment

                        • #13
                          jtmkinsd
                          Senior Member
                          • Mar 2010
                          • 2352

                          It's a common misconception...when some guys I sell long guns to come to pick up their gun the first thing they want to do is throw on the lock...I ask them why they're doing it and the first thing that comes out of them is "isn't it illegal to transport unlocked?" Even after I explain it to them, the next thing that comes out of them is "well I'd rather be safe than sorry", which I can't argue against...but at least I made the effort to educate
                          Originally posted by orangeglo
                          Welcome to failtown, population = you.

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                          • #14
                            M14 Junkie
                            Senior Member
                            • Dec 2009
                            • 733

                            Originally posted by FXR
                            Hi all, I'm thinking about throwing an old wall hanger muzzleloading shotgun in the gun rack in my truck just to put guns back into the local collective consciousness.
                            Are you serious? 'Cause I gotta tell ya that most people down there in SB and especially on the UCSB campus will look at that as you being some kinda nut.

                            If that's your bag, then go for it.

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                            • #15
                              dantodd
                              Calguns Addict
                              • Aug 2009
                              • 9360

                              Originally posted by jshoebot
                              The GFSZ only applies to "firearms capable of being concealed upon the person."
                              Originally posted by jtmkinsd
                              (a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
                              (b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f).


                              A couple of people here seem to be getting way off track. As Librarian pointed out long guns are not covered by the CALIFORNIA GFSZ act.



                              But. Long Guns ARE covered by the FEDERAL GFSZ. The question is if muzzle loaders are firearms per the FEDERAL GFSZ.
                              Last edited by dantodd; 10-25-2010, 1:01 AM.
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