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Black powder open carry?

the_rog

New member
Joined
Apr 1, 2012
Messages
10
Location
Rogers, AR
Does anyone know if you can open carry a primitive firearm?

Recently I took a CC class here in Benton County. The instructor is a captain with the Benton Co sherriff's office. I asked that very question as the Arkansas statutes specifically name centerfire and rimfire pistols when discussing when you can openly carry. I asked about reproduction Colt and Remington bp muzzleloading revolvers as they are neither centerfire nor rimfire. In class, his response was that since the cap is on at the center of the chamber, it would be considered centerfire...however.....After class he admitted to me that I was correct in arguing that bp revolvers are not defined as firearms under the law as written. But he also added that there is not a judge in the state that would allow that argument in their courtroom as grounds for dismissing firearms charges.
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
Recently I took a CC class here in Benton County. The instructor is a captain with the Benton Co sherriff's office. I asked that very question as the Arkansas statutes specifically name centerfire and rimfire pistols when discussing when you can openly carry. I asked about reproduction Colt and Remington bp muzzleloading revolvers as they are neither centerfire nor rimfire. In class, his response was that since the cap is on at the center of the chamber, it would be considered centerfire...however.....After class he admitted to me that I was correct in arguing that bp revolvers are not defined as firearms under the law as written. But he also added that there is not a judge in the state that would allow that argument in their courtroom as grounds for dismissing firearms charges.

This is a perfect example of why folks should not take legal advise from LEOs!
 

Jordan6679

Regular Member
Joined
Nov 7, 2013
Messages
79
I was wondering because some cities/ counties accept primitive firearms differently. My family in rogers wants to carry, but not get caught up in the legal loophole that is constitutional carry right now.

Sent from my DROID RAZR using Tapatalk
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,912
Location
North Carolina
Again, it is either against the law(statute that clearly prohibits it) or it is legal. This is one of the loopholes of the GFSZA it is a federal law that clearly states firearms, and federal law separates antique firearms from firearms. In the act it is only illegal to have firearms in a GFSZ. There is no law prohibiting carry of antique firearms, so there is no need for a law to make it legal, it already is.
 

JDPrice

Regular Member
Joined
Nov 9, 2012
Messages
27
Location
Oklahoma
Black powders are not considered firearms. They would have to be classified as a "dangerous/deadly weapon" but could not be classified as a firearm.
 
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