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Thread: Muzzleloader OC w/holster question

  1. #1
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    Hi,

    I recently moved to California from Missouri. I have a large collection of muzzleloaders, and have for many years carried eitheran 1858 Remington revolver or aLe Mat ina holster, with no troubles from the local constabulary, excepting an officer or two asking me what kind of pistol the Le Mat was.

    The weapon is clearly defined as unloaded so long as thecylinders are not capped with a primer. I do believe that it is legal to carry the weapon anywhere in this condition, and will be discussing this with the local police.

    Does anyone else have any experience with Muzzleloaders and the local law, concerning carry issues? I live in Fairfield.

    Thanks, and kudos to those who maintain this forum

  2. #2
    State Pioneer ConditionThree's Avatar
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    I do believe that it is legal to carry the weapon anywhere in this condition, and will be discussing this with the local police. -Pokerhelper-
    Well, there is one exception Im aware of...

    626.9. (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).

    e) As used in this section, the following definitions shall
    apply:
    (1) "School zone" means an area in, or on the grounds of, a public
    or private school providing instruction in kindergarten or grades 1
    to 12, inclusive, or within a distance of 1,000 feet from the
    grounds of the public or private school.
    The exemption that would allow you to OC anywhere would be a license to carry "loaded and exposed"...
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  3. #3
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    Thank you, my statement was rather broad. which in todays climate can cause a headache or two.



  4. #4
    Newbie cato's Avatar
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    So, justcarryyourmuzzle loading long arm,with ball and powder in the barreland the percussion caps in your pocket, and make sureit istransported onyour bicycle, horse, or other transportationwhen within 1000 feet of a school. LOL


    626.9.
    (a) This section shall be known, and may be cited, as the
    Gun-Free School Zone Act of 1995...
    (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.

    (FYI: rifles and shotguns are not capable of being concealed unless the barrel can be interchanged witha barrel of less then 16 inches)

    (e) As used in this section, the following definitions shall
    apply:
    (1) "School zone" means an area in, or on the grounds of, a public
    or private school providing instruction in kindergarten or grades 1
    to 12, inclusive, or within a distance of 1,000 feet from the
    grounds of the public or private school.
    (2) "Firearm" has the same meaning as that term is given in
    Section 12001.
    (3) "Locked container" has the same meaning as that term is given
    in subdivision (c) of Section 12026.1.
    (4) "Concealed firearm" has the same meaning as that term is given
    in Sections 12025 and 12026.1.
    (k) This section does not require that notice be posted regarding
    the proscribed conduct.



    Unloadedopen carryis OK withinthe followingsection: (italics by poster)


    626.95. (a) Any person who is in violation of paragraph (2) of
    subdivision (a), or subdivision (b), of Section 417
    (brandishing) , or
    Section 12025(concealed pistol, revolver, or otherfirearm capable of being concealed)
    or 12031(loaded firearm), upon the grounds of or within a playground, or a
    public or private youth center during hours in which the facility is
    open for business, classes, or school-related programs, or at any
    time when minors are using the facility, knowing that he or she is on
    or within those grounds, shall be punished by imprisonment in the
    state prison for one, two, or three years, or in a county jail not
    exceeding one year.
    (b) State and local authorities are encouraged to cause signs to
    be posted around playgrounds and youth centers giving warning of
    prohibition of the possession of firearms upon the grounds of or
    within playgrounds or youth centers.
    (c) For purposes of this section, the following definitions shall
    apply:
    (1) "Playground" means any park or recreational area specifically
    designed to be used by children that has play equipment installed,
    including public grounds designed for athletic activities such as
    baseball, football, soccer, or basketball, or any similar facility
    located on public or private school grounds, or on city or county
    parks.
    (2) "Youth center" means any public or private facility that is
    used to host recreational or social activities for minors while
    minors are present.
    (d) It is the Legislature's intent that only an actual conviction
    of a felony of one of the offenses specified in this section would
    subject the person to firearms disabilities under the federal Gun
    Control Act of 1968 (P.L. 90-618; 18 U.S.C. Sec. 921).

    But then you have:

    CALIFORNIA CODE OF REGULATIONS
    TITLE 14. NATURAL RESOURCES
    DIVISION 3. DEPARTMENT OF PARKS AND RECREATION
    CHAPTER 1. GENERAL

    s 4313. Weapons and Traps.
    (a) No person shall carry, possess or discharge across, in or into any portion of any unit any weapon, firearm, spear, bow and arrow, trap, net, or device capable of injuring, or killing any person or animal, or capturing any animal, or damaging any public or private property, except in underwater parks or designated archery ranges where the Department of Parks and Recreation finds that it is in its best interests.

    (b) Nothing herein contained shall be construed in derogation of the use of weapons permitted by law or regulation and to be used for hunting in any unit, or portion thereof, open to hunting.

    (c) Firearms not having a cartridge in any portion of the mechanism, other unloaded weapons or devices such as traps, nets, and bows and arrows may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use.

    And welcome to California!!!!!!!!!




  5. #5
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    Just a thought: with a '58 Rem, would it make more sense to carry a loaded cylinder in a seperate pouch and a completely unloaded cylinder in the pistol while carrying? Then if you need to load, you can swap cylinders and be ready to go, instead of trying to jam caps on one at a time? In addition, your gun is "more unloaded" in case you get harrassed.

    I'm just wondering what you think. I have a couple of '58's, I'll have to try this both ways. Of course, living in VA, I really don't have to worry about it (ducks from objects thrown from CA...)

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