BLACK POWDER

2516 Views 4 Replies 3 Participants Last post by Anonymous, Nov 15, 2005

Discussion Starter · Nov 12, 2005

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?

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Jeff Johnson

· #4 · Nov 12, 2005

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.

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