Can i Carry a Black Powder Revolver in SC without a permit???

This is a discussion on Can i Carry a Black Powder Revolver in SC without a permit??? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by rmodel65 get away with what its not getting away with something if its legal I believe that if you read what tns0038 ...

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Thread: Can i Carry a Black Powder Revolver in SC without a permit???

  1. #16
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    Quote Originally Posted by rmodel65 View Post
    get away with what its not getting away with something if its legal
    I believe that if you read what tns0038 and liljake82 wrote in the page before you will find the answer to your question. And I totally agree with what ibesarcasm wrote (also in the page before) concerning carrying a BP pistols.
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  3. #17
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    Here is WA blackpowder is not considered a firearm for transfers but are considered firearms for carry.

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    Quote Originally Posted by GM View Post
    I believe that if you read what tns0038 and liljake82 wrote in the page before you will find the answer to your question. And I totally agree with what ibesarcasm wrote (also in the page before) concerning carrying a BP pistols.


    they might arrest you but it wont be illegal it looks like so far.....
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    I guess the issue is two things. What is a firearm and what is a weapon... Something can be legally not a firearm but still be a weapon... and therefore carrying a concealed weapon may be, and often is, illegal. Knives are not firearms but certain ones carried concealed are illegal.

    So lets not get confused that just because Black Powder guns are not firearms (according to Federal law and perhaps state laws) that they then are not weapons simply because of that... they most certainly are weapons in most places that I know.

    And the only thing a permit allows carry concealed in SC is a firearm of a certain size. Not any other "weapons".

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    Quote Originally Posted by rmodel65 View Post
    they might arrest you but it wont be illegal it looks like so far.....
    Instead of sit here and wild speculate perhaps the best you can do is to call the DA in SC and ask about the matter. And even if he/she tells you that it is not illegal, try to convince a LEO about it when he/she is arresting you. Like ibesarcasm said “The only reason I could think of to carry a BP pistol open, is to "ps" off the locals & police, and to concealed carry a BP is.....well, just silly.......”, not to forget the cost of the bail, attorney fees, the time that you will spend in jail plus all other inconveniences. If your question was not just hypothetical and you decide to try your theory, do not forget to first put a couple of quarters in your pocket for the phone call.
    Last edited by GM; December 31st, 2009 at 06:06 AM.
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    Try it if you think it's OK. Regardless of whether it's legal or not, doesn't really matter. If a LEO stops you, you will most likely get arrested. You may win in court, but it will still cost you a ton of money.

    We used to have a saying when I was an LEO,"You might beat the rap, but you won't beat the ride"... It pretty much sums it up...
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    IIRC a firearm is classified by a projectile being fired by an explosion or sumpin like that,at the very least you would be charged with carrying a concealed,or openly carrying a dangerous weapon
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    Quote Originally Posted by dukalmighty View Post
    IIRC a firearm is classified by a projectile being fired by an explosion or sumpin like that,at the very least you would be charged with carrying a concealed,or openly carrying a dangerous weapon


    the SC law for the permits is for handguns only....a BP pistol isnt a handgun.....all other weapons must be carried openly anyone have any case law on this?
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    Quote Originally Posted by rmodel65 View Post
    thank you i hardly ever go to SC just normally Florida because im so close.... but this is interesting question i know in a lot of states vlack powder arent gun like maryland can you carry a BP pistol in maryland with no license?
    In a short answer, NO.

    While Maryland doesn't require an FFL to transfer a BP gun, it is most certainly still a gun and carrying one on one's person WILL get you arrested, and probably convicted.

    With all due respect, if you are dumb enough to try this ploy (in any state) you deserve whatever happens to you.
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    Quote Originally Posted by rmodel65 View Post
    the SC law for the permits is for handguns only....a BP pistol isnt a handgun.....all other weapons must be carried openly anyone have any case law on this?
    Of course it is. Just because it uses black powder instead of smokeless cartridges doesn't make it not a handgun.
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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Majorlk View Post
    Of course it is. Just because it uses black powder instead of smokeless cartridges doesn't make it not a handgun.


    apparently you missed the SC code in the first post an Antique Pistol that uses cap and ball isnt a handgun....... it says it in plain black and white in the SC code
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  13. #27
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Majorlk View Post
    In a short answer, NO.

    While Maryland doesn't require an FFL to transfer a BP gun, it is most certainly still a gun and carrying one on one's person WILL get you arrested, and probably convicted.

    With all due respect, if you are dumb enough to try this ploy (in any state) you deserve whatever happens to you.

    and again in MD a BP pistol isnt a Handgun according to the definition of the code so what does MD code Say about the CCW system?? does it apply to only handguns or all firearms??...

    § 4-201. Definitions.






    (a) In general.- In this subtitle the following words have the meanings indicated.




    (b) Antique firearm.- "Antique firearm" means:




    (1) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar ignition system, manufactured before 1899; or




    (2) a replica of a firearm described in item (1) of this subsection that:




    (i) is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or




    (ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.




    (c) Handgun.-




    (1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.




    (2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.




    (3) "Handgun" does not include a shotgun, rifle, or antique firearm.




    (d) Law enforcement official.- "Law enforcement official" means:




    (1) a full-time member of a police force or other unit of the United States, a state, a county, a municipal corporation, or other political subdivision of a state who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, a state, a county, a municipal corporation, or other political subdivision of a state;




    (2) a part-time member of a police force of a county or municipal corporation who is certified by the county or municipal corporation as being trained and qualified in the use of handguns;




    (3) a fire and explosive investigator of the Prince George's County Fire/EMS Department as defined in § 2-208.3 of the Criminal Procedure Article;




    (4) a Montgomery County fire and explosive investigator as defined in § 2-208.1 of the Criminal Procedure Article;




    (5) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2-208.2 of the Criminal Procedure Article;




    (6) a Worcester County fire and explosive investigator as defined in § 2-208.4 of the Criminal Procedure Article; or




    (7) a City of Hagerstown fire and explosive investigator as defined in § 2-208.5 of the Criminal Procedure Article.




    (e) Rifle.- "Rifle" means a weapon that is:




    (1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and




    (2) designed or redesigned, and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.




    (f) Short-barreled rifle.- "Short-barreled rifle" means:




    (1) a rifle that has one or more barrels less than 16 inches long; or




    (2) a weapon that has an overall length of less than 26 inches and that was made from a rifle, whether by alteration, modification, or otherwise.




    (g) Short-barreled shotgun.- "Short-barreled shotgun" means:




    (1) a shotgun that has one or more barrels less than 18 inches long; or




    (2) a weapon that has an overall length of less than 26 inches long and was made from a shotgun, whether by alteration, modification, or otherwise.




    (h) Shotgun.- "Shotgun" means a weapon that is:




    (1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and




    (2) designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore one or more projectiles for each pull of the trigger.




    (i) Vehicle.- "Vehicle" means a motor vehicle as defined in Title 11, Subtitle 1 of the Transportation Article, a train, an aircraft, or a vessel.






    [An. Code 1957, art. 27, § 36F(a)-(g), (i), (k); 2002, ch. 26, § 2; 2004, ch. 377; 2005, ch. 463; 2007, ch. 410, § 2; ch. 619; 2008, chs. 428, 429.]

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    Senior Member Array Keltyke's Avatar
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    With all due respect, if you are dumb enough to try this ploy (in any state) you deserve whatever happens to you.
    apparently you missed the SC code in the first post an Antique Pistol that uses cap and ball isnt a handgun....... it says it in plain black and white in the SC code
    OK, Mr. Lawyer - you go ahead and strap on a cap and ball revolver and strut down the middle of main street in your home town. See how far you get. The people in this thread have been trying to be nice and to advise you not to do it, but you already had your mind made up when you posted, so why ask us - we don't know anything.

    I'm outta this one.

  15. #29
    Senior Member Array rmodel65's Avatar
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    well seeing how that is legal to do in GA.....
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  16. #30
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    Quote Originally Posted by Keltyke View Post
    OK, Mr. Lawyer - you go ahead and strap on a cap and ball revolver and strut down the middle of main street in your home town. See how far you get. The people in this thread have been trying to be nice and to advise you not to do it, but you already had your mind made up when you posted, so why ask us - we don't know anything.

    I'm outta this one.
    AMEN!!!!

    Try carrying in downtown Baltimore, no matter what you call the BP gun, and I'll happily visit you in jail the next time I'm in town - I lived there for 18 years and saw more than one guy like you arrested.

    Since you already have all the answers, WHY are you posting the questions?

    With every post you make, this smells more and more like a troll.
    An armed society is a polite society. Manners are good when one may have to back up his acts with his life. - Robert A. Heinlein

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