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Discussion Starter · #1 ·
I am curious to know if it is legal to carry a black powder handgun open or concealed without any permit or is it restricted? from what I understand is that a black powder gun is not a firearm is this correct or do we need a permit to carry this as well?

· Registered
3,180 Posts
Six Gin,

Howdy to you and the family!!

Yoou are probably referring to Texas Code 46.01 3b which excludes black powder ball and cap pistols from being considered a firearm. I gues there is a little controversy there, as you are talking of open carry vs concealed carry. Perhaps you could visit:


Or you could check out the state information page at packing.org.

I'm sure one of these sites will help get you the answers you are seeking.

Catch ya later - little brother!


· Premium Member
5,591 Posts
I've posted a bunch of links to Utah and Federal laws. These are links that I've collected over time.

In Utah, the question of what constitutes a loaded gun is defined in:
U.C.A. 76-10-502. When weapon deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
Item #3 deals with cap and ball firearms, defining when they are deemed loaded. In that sense, they are just like any other firearm in Utah. You must have a permit to carry such a firearm concealed, or even open if on a public street when it is loaded.

BTW, I am not a lawyer.

Discussion Starter · #5 ·
thanx guys I sure appreciate all the info and coments yall seem to have done your research very well I 2 have done research on the subject since I last visited and found that yes it is legal but not if it is done in what could be construed as a threatening manner so catch 22 no but if your on own property or hunting you may wear them or at a gun range or persay the same rules as firearms but thats in tx in ut you may as long as its open without permit and only considered loaded if both shot and charge are in the cyl. but it does recomend you contact a lawyer before doing so i beleive anyway its a subject that came up recently whill talking to several buddies who are tired of not being allowed the proper means to defend themselves while trucking some of them have decided to buy a 20.00 flare gun with a 12 ga. shell (flare) to protect themselves on the road and none have been confronted yet by law enf. even going over into canada its plastic and in a medical kit interesting huh? well yack yack yack talk to yall later
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