Here's a new twist

R

Rob P.

Moderator
What if: .....

You decided (or were denied a CCW because you used the wrong color ink or something like that) you wanted to carry openly...

AND....

Open carry was NOT legal without a CCW.

Given that the BATF has decided that pre-1899 (I think that's the cutoff year) weapons AREN'T "firearms", could you reasonably carry, say, a Colt Patterson replica (or similar) in a belt holster openly?

Yeah, it's single action but so what. Yeah, it uses black powder or pyrodex. Again, so what. It'll still make a big hole in the bad guy if you need it to. In fact I believe that it'll do so 6 times.

But, would it be "legal"?

(not going to, and don't want to, get into whether it's a "good idea" or not, just would it be "legal".)
 
You will need to read your state laws. BP guns are considered firearms in the modern sense in the State of Oregon.

Just because the feds don't have a law, the state just may.

Wayne
 
i'm pretty sure theres already a federal law that says anyone wishing to carry BP revolvers must also have handlebar mustaches, and have paid the federal taxes to grow such mustaches and had good letters of recommendation submitted by your states chief law enforcement officer prior to doing such.
 
As USP45usp noted, it's a matter of state laws defining firearms and/or weapons, not whether BATFE defines a blackpowder arm as a firearm.
 
Ok, so maybe I shoulda mentioned that I'm in The PR of Kailfornia. According to the Penal Code, BP guns are exempted from the provisions about manufacturing, importing, posession of, etc of weapons. However, also according to the PC, you can't carry ANYTHING which could be concealed on your person and which is either something which could be used to stab someone or which ejects a projectile. You also can't carry any weapon which is "loaded".

The PC also prohibits open carry except with a CCW permit AND being in a county with less than 200K population (all 2 of them).

So, here's the deal: IF you carry a pre-1898 colt, in a visible holster you should be able to carry it legally since it's "exempt" from the regulations on carrying firearms. I sort of have to wonder about the "carrying anything" prohibition since rock shards can be used as knives.... sort of believe this is a catch-all law to be used when ever there's isn't anything else that will stick.

There's also the Cowboy Action Shooting issue - if you can't carry them openly if they are "firearms", can't carry loaded weapons, can't carry them without a CCW even if openly carried, etc, how the heck is it legal to have a contest with them being carried by everyone in a public place?

Yeah, they could require a permit, BUT there's no law that says so.
 
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