Aren’t black powder guns exempt (as antique firearms) from most firearms laws? That is, can a cap-and-ball revolver be carried without permit where a modern pistol would require one? I’ve been told that even a felon can own and carry a black powder gun.
“Antique,” by the way, doesn’t have to be old. There are modern bp guns that are reasonably accurate that are classified antique.
And they’re pretty fun to shoot, too.
That IS an interesting question, and apparently true, at least in Texas:
“Antique or curio guns manufactured before 1899 and replicas thereof which do not use rim fire or center fire ammunition are not included in the definition of “firearm” as it is used in Texas Penal Code Title 10, Chapter 46, which governs weapons.”
However, I somehow doubt one would receive a warm reception by carrying an 1845 Colt replica; my guess is that it isn’t a “firearm” but some other sort of “deadly weapon.” I think it’d be akin to strapping a pipe-bomb to your belt; it’s not a gun, but it ain’t so much legal, either.
Just to nitpick a little…
Florida does not allow the open carrying of firearms. Openly carrying firearms is a misdemeanor. Also, Florida does not offer permits to carry openly. It only offers permits to carry concealed.
I believe that this was not always the case. In the 80s, open carry was allowed. I don’t know when the law changed. . .
I don’t know what happened to this paragraph in my last response… but:
Florida says that any firearm (or replica thereof) made before 1918 is not a firearm unless it’s used in a crime. So a person could carry a Semi-Auto 1911 that was made in maybe 1915. That’s a hell of a pistol!!
Also, I’d be interested to see how one does using the defense that a modern 1911 is just a replica of an original 1911 and therefore an antique!!! Sounds valid to me. . . I wonder if there is any case law on that.
Good cases on antique firearms. None that I could find on your issue, though.
http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/us_v_kirvan.txt (assuming without deciding that a replica gun was an antique)
Check www.packing.org for information on the state of interest.
Considering there wasn’t an 1845 model you might try a 1847 Walker though the lighter 1851 navy might be better for daily carry. Still I wouldn’t try to get either through airport security.
When I bought my Walker replica the young clerk at the shop said I woudn’t have to fill out a 4473 since it wasn’t a real gun. I kindly offered to demonstrate that the Walker was most definately a real fucking gun and could put a hole in him as big as the sky* despite the fact the gun control act doesn’t define it as a firearm.
There are conversion kits to allow some cap and bal black powder revolvers, 1858 Remintron replicas and Ruger new army models, to fire metallic catridges by replacing the cylinder. The origninal guns are not regulated as firearms and neither is the conversion cylinder but once you install the cylinder you have in the eyes of federal law manufactured a firearm.
*Props to the late Country Dick Montana and the Beat Farmers
GaryM, I was just about to reply with the same site. Great place for gun laws in any place of interest.
You wild colonial boy, you.
So you could (without carry permits being required) strap a loaded Glock on your waist and walk around McLean doing your shopping? That’s interesting.
And we’ve discussed this before:
Concealed or not, there are generally restrictions. In Montana, for example, you may not carry a gun into a building owned or leased by the government (federal, state, or local), a bank, or anyplace where alcohol is served. Having a concealed weapons permit doesn’t change that.
It leads to some interesting conflicts in the law. Our school hired the police chief from a neighboring town as a part-time football coach. When he stopped by the school during the day, he faced an interesting dilemma. His job required to wear his sidearm at all times while on duty. On the other hand, you’re not supposed to carry loaded weapons into a school unless you’re a law enforcement officer in your own jurisdiction. So he was both required to wear his gun into the school and required not to.
Yes, there are even on the doors going into banks stating that no guns are allowed inside. I have seen a few people who carried a handgun around on their hip while shopping, getting their oil changed etc. This was in Stafford, VA 5+ years ago.
Yep.
In fact, interesting story…
Police in Reston got a call about two armed men at a Starbucks. They responded and confiscated the weapons, guns worn openly by two college students. The officer charged the two with misdemeanor distrubing the peace, because he couldn’t find the exact section of law they were violating. When he contacted the Commonwealth Attorney the next day, he was told that their actions were completely legal. The police tore up the charge and returned the weapons with an apology. This incident got a fair amount of news coverage the day it happened…
Goodness, it must have been later that I thought when I posted that! I meant the 1851 Navy, which is the replica my dad bought for us shortly before he died. Where in the world I got 1845 I’ll never know.
Not Nesscairly. For many people, threatening may be just haivng one on your belt. Or not even that.
I’ve mentioned to people I own a gun(in conversations where it’s come up) and suddenly they start acting like they are afraid I’m going to shoot them if they say the wrong thing.
From a legal standpoint I think it may require something a little more concrete than that to constitute a threat but your point about different perceptions of guns is a good one.
My job has me working with people form many different parts of the US, Europe and Asia. More than once I’ve seen someone’s eyes get as big as saucers when they overhear a conversation about guns. Most of the boggle eyed folk come from places where it is difficult or impossible for an honest citizen to own a gun so they only associate them with criminals and sometimes to a lesser extent police. I always try to use it as an opportunity to fight a little ignorance so I offer a trip to the shooting range for a safety lesson and some target practrice. It usually ends with someone saying “when I get back to London I’m going to tell everyone I went to the wild west and shot, what do you call this again? A 45 automatic.” Big smiles and BLAMBLAMBLAMBLAM ensues.
[nitpick]
Actually, the sheriff was Johnny Behan, who was completely in the hip pocket of the criminal element.
The city marshal who was charged with enforcing the weapons ordinance was Wyatt’s brother, Virgil. Wyatt and another brother, Morgan were deputies under Virgil. Holliday’s status at the gunfight, which was within the city limits, was dubious, as he was not a sworn officer. However, it’s generally agreed that he was there in a posse comitatus position, acting as a peace officer under the direction of Virgil.
An excellent biography of Wyatt, with a detailed description of the gunfight, is
Wyatt Earp: The Life behind the Legend , by Casey Tefertiller. Highly recommended reading.
[/nitpick]
I’d bet money that this would only fly if it was a replica of an M1911, and not any of it’s design revisions (M1911A1, M1911A2, etc.) from after 1918. Either way, tap dancing in a mine field here if you try it without asking knowledgeful local authorities first. 
Embarassing moment: This happened with a woman I used to work with. She said, “I don’t understand why you Americans are so obsessed with guns!” I told her some of us just enjoy shooting, and asked if she had ever fired a gun before. She glared at me and told me she was Israeli: she’d done two years in the army, and practiced regularly with an Uzi (among other weapons). She knew far more about guns than I did, and didn’t think they were particularly fun.