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Legal transport of black powder revolver?

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  • tpuig
    Senior Member
    • Jun 2005
    • 2163

    Legal transport of black powder revolver?

    Was discussing this the other day, and couldn't come to a conclusion. My searching skills may need some brushing up on, but I did not find anything about it...

    In your vehicle. Black powder revolver, unloaded, no powder or caps. Do you need a soft case, lockable hard case, or just toss it on the seat next to you? ;-)

    Since black powder doesn't seem to fit the definition of a "firearm"...
    NRA LIFE Member
  • #2
    GrizzlyGuy
    Gun Runner to The Stars
    CGN Contributor - Lifetime
    • May 2009
    • 5468

    Per 12001, it would be a firearm:

    (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.
    Unless you plan to put it on the seat in plain view (legal unless you drive through a GFSZ) you are really asking about 12025, and 12001 broadens the definition of "firearm" for that section:

    (d) For the purposes of Sections 12025 and 12031, the term
    "firearm" also shall include any rocket, rocket propelled projectile
    launcher, or similar device containing any explosive or incendiary
    material whether or not the device is designed for emergency or
    distress signaling purposes.
    Based on that, I think we can definitely conclude that your transport of that black powder revolver needs to comply with 12025 and the various sections that provide exemptions. Or in other words... you need to treat it just like any other handgun.

    The safest way to go for any handgun, that also lets you travel through GFSZs, would be to transport it unloaded in a locked container other than the glove box or utility compartment (may be a soft case, doesn't need to be a hard case). More info here in the wiki: Transporting
    Gun law complexity got you down? Get the FAQs, Jack!

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    • #3
      tpuig
      Senior Member
      • Jun 2005
      • 2163

      This is more of a theoretical question. I did in fact transport it in a locked case, just err on the side of caution. Black powder guns are one of those grey area subjects. From what I remember reading in the past, it's not a firearm unless you try to conceal it. Then again, sometimes it is and sometimes it isn't...

      But I'm curious what the legal eagles might say

      This from the CalGuns Wiki thingy...
      >>>

      Do I have to transfer a black powder firearm through a firearms dealer (FFL)?
      No.

      What about reproduction black powder firearms?
      Are black powder firearms considered "firearms" at all?
      Can I carry a black powder pistol without a CCW then?
      No. A black powder pistol is considered a firearm for the purposes of concealed carry laws.
      >>>
      Last edited by tpuig; 12-10-2010, 7:15 PM.
      NRA LIFE Member

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      • #4
        gunsmith
        Senior Member
        • May 2004
        • 2028

        whats cool about the iirc is you can receive them in the mail
        NRA Life Member

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        • #5
          Mssr. Eleganté
          Blue Blaze Irregular
          CGN Contributor - Lifetime
          • Oct 2005
          • 10401

          Under California law, black powder firearms are treated exactly like modern firearms, except for the purposes of buying, selling, loaning, dealing etc.
          __________________

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

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          • #6
            Zwingli
            Member
            • Sep 2006
            • 119

            You know, it never even passed through me poor little head---its both sad that I didn't think about it and also sad that I would need to. . but looks like I'd need to transport my flintlock pistol in a locked case.

            Could you image getting sent up the river for having that in a cardboard box in the back seat of your car?

            'Ladies and gentleman of the jury, the reason it has such a large pummel is that that there's more danger in pummeling someone' --- oh so you're also guilty of concealing a baton/blackjack!

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            • #7
              cmth
              Senior Member
              • Mar 2009
              • 519

              Just for reference, black powder muzzleloading guns are only considered loaded when they have both powder and projectile, and caps or priming powder in place, i.e. the gun is fully loaded and ready to fire. For example, your cap and ball revolver would not be loaded under the law if the chambers did have powder and ball, but the nipples were uncapped.

              PC 12031:
              (g) A firearm shall be deemed to be loaded for the purposes of
              this section 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; 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.
              Libertas aut Mors

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              • #8
                gunsmith
                Senior Member
                • May 2004
                • 2028

                Originally posted by Zwingli
                You know, it never even passed through me poor little head---its both sad that I didn't think about it and also sad that I would need to. . but looks like I'd need to transport my flintlock pistol in a locked case.

                Could you image getting sent up the river for having that in a cardboard box in the back seat of your car?

                'Ladies and gentleman of the jury, the reason it has such a large pummel is that that there's more danger in pummeling someone' --- oh so you're also guilty of concealing a baton/blackjack!

                iirc a new yorker got in trouble for having a .50 cal black powder musket, of course the media showed a pic of a .50 BMG Barret rifle
                NRA Life Member

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