Skip to main content
Help Center Community Shop

CAN I TRANSPORT ANTIQUE/REPLICA REVOLVER?????

Ralph III
Hello,
I am hoping this is an active forum as need some advice.

Can an 1851 replica black powder colt navy be transported via car between Louisiana and Alabam, via Mississippi??

Thanks, Ralph
0

Comments

11 comments

Date Votes
  • MIKE WISKEY
    sure you can, just make sure it is unloaded and in a case.
    0
  • drobs
    As long as you are over the age of 18, & you're not a felon, sure. You could even mail it.
    0
  • Robin
    I am not sure a replica 1851 revolver is even considered a firearm unless it is used as a weapon. If true in the states you mentioned, safety would be more of a concern than legal issues.
    0
  • beantownshootah
    So far as I know, none of the states you mention restrict black powder guns. Most jurisdictions don't consider them 'firearms'.

    So as long as you are an adult without a criminal record, you should be able to legally transport it between those three states, no problem. (Non-adult, or with criminal record. . .you actually still *might* still be OK, but that's sticky, and I'd ask a lawyer).

    As a matter of practice, yeah, ideally you'd keep the gun UNLOADED (or better yet, unloaded and disassembled) and in a SEALED container in the TRUNK of your car. Whether or not you absolutely HAVE to do this with a black powder gun is questionable, but better safe than sorry.

    Don't think about carrying this on your person in any of those states unless you have a valid concealed carry permit.
    0
  • Nwcid
    Yes. You can transport ANY legal firearm though any state as long as the firearm is legal at both ends. As stated most places dont consider black powder gun "firearms" but even in the ones that did the below would still be true.

    http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act

    One of the law's provisions was that persons traveling from one place to another for a shooting sports event or any other lawful activity cannot be arrested for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver's compartment, in a locked container.[5]
    An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.
    0
  • givette
    You have a replica black powder muzzle-loading firearm [per ATF]. You should be good to go. Best, Joe
    0
  • Ralph III
    Hello Guys,
    Well I greatly appreciate the input!!! There seems to be no definitive answer as I was hoping with no code or law quoted. I will read the wiki after my post but to clarify what I have researched thus.

    1) It is the "Federal Government" that does not recognize black powder/ball and cap guns as weapons. Therefore under Federal law you can transport/carry etc. However, it is states which cause the dilema as many do require a carry permit. In some instances, northern states as I was reading, it really had more to do with transporting the powder? Thus the Federal law/statute is not a legal defense in many instances as a gun lawyer had desribed.

    2) In trying to research state provisions I came across an article which stated Louisiana makes no distinction in regards to black powder or primitive weapons. Therefore, the article stated the same laws would apply to them as any modern pistol. As I have read, you must have a carry permit to transport a pistol with only a few exceptions; to or from a place of work, to/from a gunsmith, or newly purchased.

    One poster stated you can transport any gun as long as legal weapon. You need to check into that as I am confident you are wrong in regards to pistols as noted with few exceptions. Those laws vary per state but I think most state require some sort of carry or conceal permit for pistols, off one's property of course.


    Again, many opinions were offered and thus I was hoping for something definitive for Ms. La. and Al.

    Thanks, Ralph
    0
  • givette
    The muzzle-loading handgun: you will be good to go in the states you mentioned so long as you don't have powder/primer (and ball?) in the same vehicle as the firearm.

    We won't cite code chapter and verse here. Too lengthy. There's a state-by-state tutorial on the ATF website, if you are so inclined to wade through the verbiage.

    After you have done so, remember: You will have realized that you've already gotten the 'real deal' on this Experts forum, only in condensed form. Don'tcha just love one-stop-shopping?[:D]

    Best, Joe
    0
  • Ralph III
    quote:Originally posted by givette
    The muzzle-loading handgun: you will be good to go in the states you mentioned so long as you don't have powder/primer (and ball?) in the same vehicle as the firearm.

    We won't cite code chapter and verse here. Too lengthy. There's a state-by-state tutorial on the ATF website, if you are so inclined to wade through the verbiage.

    After you have done so, remember: You will have realized that you've already gotten the 'real deal' on this Experts forum, only in condensed form. Don'tcha just love one-stop-shopping?[:D]

    Best, Joe

    Yes Joe, I appreciate advice but am not willing to risk a criminal record or court case on what could have been good intentions! After all, one poster stated you can carry and transport any gun as long as a legal gun. That is definetly not true and such advice could land somoeone in jail. You must have a carry permit in regards to pistols in most states, if off property. A few exceptions as noted and variations per states.

    It is my father-in-laws and I want to be confident in giving him solid advice. As right now, I will tell him to disassemble the gun and give him a gun box to transport back home. Also, I would never ask or expect anyone to quote an entire statute only the reference number.

    Take care, Ralph
    0
  • Nwcid
    quote:Originally posted by Ralph III

    Yes Joe, I appreciate advice but am not willing to risk a criminal record or court case on what could have been good intentions! After all, one poster stated you can carry and transport any gun as long as a legal gun. That is definetly not true and such advice could land somoeone in jail. You must have a carry permit in regards to pistols in most states, if off property. A few exceptions as noted and variations per states.



    Then could you show me where the 1986 FOAP is not valid? Keep in mind I did not mention carry, I said transport and it was within a defined set of laws.

    Sorry I linked from Wikipedia last time, here is the real legal version,

    -EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 44 - FIREARMS

    -HEAD-
    Sec. 926A. Interstate transportation of firearms

    -STATUTE-
    Notwithstanding any other provision of any law or any rule or
    regulation of a State or any political subdivision thereof, any
    person who is not otherwise prohibited by this chapter from
    transporting, shipping, or receiving a firearm shall be entitled to
    transport a firearm for any lawful purpose from any place where he
    may lawfully possess and carry such firearm to any other place
    where he may lawfully possess and carry such firearm if, during
    such transportation the firearm is unloaded, and neither the
    firearm nor any ammunition being transported is readily accessible
    or is directly accessible from the passenger compartment of such
    transporting vehicle: Provided, That in the case of a vehicle
    without a compartment separate from the driver's compartment the
    firearm or ammunition shall be contained in a locked container
    other than the glove compartment or console.

    -SOURCE-
    (Added Pub. L. 99-360, Sec. 1(a), July 8, 1986, 100 Stat. 766.)


    -MISC1-
    PRIOR PROVISIONS
    A prior section 926A, added Pub. L. 99-308, Sec. 107(a), May 19,
    1986, 100 Stat. 460, provided that any person not prohibited by
    this chapter from transporting, shipping, or receiving a firearm be
    entitled to transport an unloaded, not readily accessible firearm
    in interstate commerce notwithstanding any provision of any
    legislation enacted, or rule or regulation prescribed by any State
    or political subdivision thereof, prior to repeal by Pub. L. 99-
    360, Sec. 1(a).

    EFFECTIVE DATE
    Section effective on date on which Firearms Owners' Protection
    Act, Pub. L. 99-308, became effective, see section 2 of Pub. L. 99-
    360, set out as an Effective Date of 1986 Amendments note under
    section 921 of this title.

    -End-

    From, http://uscode.house.gov/download/pls/18C44.txt

    Again if I am wrong please prove it, I have provided my proof. You saying "That is definetly not true and such advice could land somoeone in jail" is not proof.
    0
  • Ralph III
    quote:Originally posted by Nwcid
    quote:Originally posted by Ralph III

    Yes Joe, I appreciate advice but am not willing to risk a criminal record or court case on what could have been good intentions! After all, one poster stated you can carry and transport any gun as long as a legal gun. That is definetly not true and such advice could land somoeone in jail. You must have a carry permit in regards to pistols in most states, if off property. A few exceptions as noted and variations per states.



    Then could you show me where the 1986 FOAP is not valid? Keep in mind I did not mention carry, I said transport and it was within a defined set of laws.

    Sorry I linked from Wikipedia last time, here is the real legal version,

    -EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 44 - FIREARMS

    -HEAD-
    Sec. 926A. Interstate transportation of firearms

    -STATUTE-
    Notwithstanding any other provision of any law or any rule or
    regulation of a State or any political subdivision thereof, any
    person who is not otherwise prohibited by this chapter from
    transporting, shipping, or receiving a firearm shall be entitled to
    transport a firearm for any lawful purpose from any place where he
    may lawfully possess and carry such firearm to any other place
    where he may lawfully possess and carry such firearm if, during
    such transportation the firearm is unloaded, and neither the
    firearm nor any ammunition being transported is readily accessible
    or is directly accessible from the passenger compartment of such
    transporting vehicle: Provided, That in the case of a vehicle
    without a compartment separate from the driver's compartment the
    firearm or ammunition shall be contained in a locked container
    other than the glove compartment or console.

    -SOURCE-
    (Added Pub. L. 99-360, Sec. 1(a), July 8, 1986, 100 Stat. 766.)


    -MISC1-
    PRIOR PROVISIONS
    A prior section 926A, added Pub. L. 99-308, Sec. 107(a), May 19,
    1986, 100 Stat. 460, provided that any person not prohibited by
    this chapter from transporting, shipping, or receiving a firearm be
    entitled to transport an unloaded, not readily accessible firearm
    in interstate commerce notwithstanding any provision of any
    legislation enacted, or rule or regulation prescribed by any State
    or political subdivision thereof, prior to repeal by Pub. L. 99-
    360, Sec. 1(a).

    EFFECTIVE DATE
    Section effective on date on which Firearms Owners' Protection
    Act, Pub. L. 99-308, became effective, see section 2 of Pub. L. 99-
    360, set out as an Effective Date of 1986 Amendments note under
    section 921 of this title.

    -End-

    From, http://uscode.house.gov/download/pls/18C44.txt

    Again if I am wrong please prove it, I have provided my proof. You saying "That is definetly not true and such advice could land somoeone in jail" is not proof.






    You are quoting the Federal statute correct? Please note in this Federal statute "Notwithstanding any other provision of any law or any rule or
    regulation of a State or any political subdivision thereof..."

    The Federal statute states you can carry and transport as I stated and have researched. It however, as I noted, is a problem with the states! Each state has its own regulation in regards to transporting and or carrying pistols on your person, off your property. In fact some states or cities, as New York, do not even allow such. That is not Constitutionally legal in my opinion but nonetheless could land you in court if you wish to test it.

    I may not have time tonight but yes can quote a gun lawyer who states you cannot depend on the Federal statute to bail you out if conflicting with state laws.

    I know I can research gun carry permits and quote state laws which say you must have a permit to transport/carry a "pistol". For the life of me I cannot see anyone arguing this and as my Police Chief neighbor/friend has also confirmed (Alabama).

    This is why I will be getting a carry permit soon which is recognized in various states with "similar" laws. States with differing laws will not recognize my carry/concealed permit. I forget the technical name for this but will begin researching for you as I do not post things which I am not confident in.

    My question was whether a black powder gun was exempt. I read as Louisiana does not address antique guns then they are treated as any modern pistol. I will also post that as soon as possible.

    Thanks, Ralph
    0

Please sign in to leave a comment.

Recent Activity