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open carry of a cap and ball pistol

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  • para-frame
    Junior Member
    • Jul 2007
    • 54

    open carry of a cap and ball pistol

    Cali law allows for open carry of (unloaded) fire arms and most other weapons, but according to the ATF and the Cali. DOJ cap and ball pistols are not fire arms. so would it be legal to carry, openly, a loaded NAA companion?

    No I would not actually do it but I have always wondered.
  • #2
    tombinghamthegreat
    Veteran Member
    • May 2007
    • 2785

    I don't think so since it would still be considered a firearm the gun would still need to be unloaded(citiation needed)
    "Legitimate use of violence can only be that which is required in self-defense." Ron Paul
    "The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite." - Thomas Jefferson
    Originally posted by forumguy
    The same way they enforce all the rest of the BS laws. Only criminals are exempt, while the honest obey.
    Originally posted by bwiese
    Sometimes I think the function of Calguns is half to refute bad info from gunshops and half to refute bad info from DOJ.

    Comment

    • #3
      nhanson
      Member
      • Oct 2005
      • 283

      Originally posted by para-frame
      Cali law allows for open carry of (unloaded) fire arms and most other weapons, but according to the ATF and the Cali. DOJ cap and ball pistols are not fire arms. so would it be legal to carry, openly, a loaded NAA companion?

      No I would not actually do it but I have always wondered.
      If you leave the "caps" off, it technically is not loaded under Cali law......

      Comment

      • #4
        Liberty1
        Calguns Addict
        • Apr 2007
        • 5541

        Originally posted by para-frame

        No I would not actually do it but I have always wondered.
        Com'on, you know you want to.

        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.

        (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.
        I'd say 12031 & 12025 seem to apply. I could easily be wrong. I'm not familiar with the antique/replica market.
        False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
        -- Cesare Beccaria http://www.a-human-right.com/

        Comment

        • #5
          para-frame
          Junior Member
          • Jul 2007
          • 54

          Yeah I lied, I want to do it. so as long as there are no caps on the nipples it would be legal. could you carry the loaded cilinder out of the gun, it would be like a mag. on an auto and legal, right?

          Comment

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