Open carry ? concerning 1858 Remington black powder revolver

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If anyone could tell me whether or not a black powder revolver's cylinder would be considered a loaded firearm or not; when the cylinder is loaded with powder, ball, cap, and kept separate on one's belt? In California.

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papa Romeo wrote:

If anyone could tell me whether or not a black powder revolver's cylinder would be considered a loaded firearm or not; when the cylinder is loaded with powder, ball, cap, and kept separate on one's belt? In California.

Click to expand...

Only if you carry it in a leather belt holster, with paper cartridges, and a poncho, and you're referred to as "Blondie".

...I have no idea.

Good luck on finding an answer!

-Richard-

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Guess if you have a match or lighter in your pocket they will call it the
first full auto zip gun in the country, and put you under the jail.
Besides you would be violating the pc12031 check by refusing to let
them see the frame so they can check the serial number.:lol:
How is the poor dumb foot patrol to know there is only 'black powder'
rammed in the cyl? You could have real powder in there!

You didn't say if the percussion cap was on your person? High explosives anyone.:cuss:

But your best argument is it is a very nice magazine that will not hold more than 10 rounds.:dude:
Unless that crazy state comes back with it is an illegal high capacity drum.
Since they will have their 'expert' shove two smaller rounds into each and you have
a twelve shot one that fires more than one per 'trigger' pull.

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papa Romeo wrote:

If anyone could tell me whether or not a black powder revolver's cylinder would be considered a loaded firearm or not; when the cylinder is loaded with powder, ball, cap, and kept separate on one's belt? In California.

Click to expand...

Sounds like that would be perfectly legal. Its the same as having a loaded mag ready to go. But I'm not from Cali and I don't know the law word for word so I might be wrong.

You need to move to Nevada Romeo. I open carry my 1858 Remington all the time and I can have mine "loaded".

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From a common sense perpective, I don't see how the cylinder alone could be used as a firearm. I sure as heck wouldn't try holding one in my handwhile pecking at the percussion caps with a small striking devise.

Hanging onto my SA.45 LC when firing it is hard enough.

Trying to find a holster to fit the frame of this B&C revolver without the cylinder in it will be fun too.

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@ Task Force 16
Sure common sense, but I just feel the need to make sure because one never knows. I worry that if there is a possibility then that might be a cause for an arrest. Yet in the end I still will take my chances.

Have you tried Cabela's as a resource for your holster needs?

I am using a duel pouch Triple K 10/22 holster that happens to fit my cylinders perfectly.

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papa Romeo wrote:

@ Task Force 16
Sure common sense, but I just feel the need to make sure because one never knows. I worry that if there is a possibility then that might be a cause for an arrest. Yet in the end I still will take my chances.

Have you tried Cabela's as a resource for your holster needs?

I am using a duel pouch Triple K 10/22 holster that happens to fit my cylinders perfectly.

Click to expand...

Yeah, that's right, I forgot. Yuo're in California. Common sense doesn't exactly abound out that way. At least not a far as the government is concerned.

As for your cylinder(s) I would think that speed loader poucheswould work well.

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In the state of Texas, black powder pistols are not concidered weapons, they are novelties, they can be carried concealed without a license. Anybody can carry them, even the crooks.

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The ATF does not consider black powder guns to be classified as fire arms.

HOWEVER....one may be kicking the door when using black powder or percussion caps in them. Walk softly.

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it is dependent on your states laws on what is considered unloaded when it comes tomuzzleloader or blackpowderfirearms.

In the state of Wisconsin a muzzleloader is considered to be unloaded as long as the percussion-cap is not inserted on the nipple, or the flashpan is empty of powder.
So this means the chamber can be loaded, you just cant have a cap on the gun ready to fire.

I suspect your answer would be found in the CA hunting regulations, But!!!
Since blackpowder revolvers are not a common item in many places, I suspect you are not going to find any specific laws relating to them. But if the state says a chamber can be loaded and still be considered unloaded due to the lack of a primer, percussion cap, or empty flashpan.. you may get a jury to understand your unique case during your court hearing after your arrest, if you are arrested, which i think is very possibly in CA.

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papa Romeo wrote:

If anyone could tell me whether or not a black powder revolver's cylinder would be considered a loaded firearm or not; when the cylinder is loaded with powder, ball, cap, and kept separate on one's belt? In California.

Click to expand...

Can't back it up with the actual Penal Code or case law, but applying common sense, I would see it as being no different from having a semiautomatic pistol with a full magazine in a magazine holder on your belt.

The rule for "muzzle loaders" would not really apply as each cylinder is loaded seperately and not from the "muzzle".