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Open carry flintlock

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Sometimes I think people read what they want to read in the posts.
Regardless of whether or not the o.p. actually intends to do this or not,,,, why would one do this is still a valid question. If it's just a "mental exercise," then let's exercise. Can you/can't you seems like it had best lead to should you, part of answering that is asking why would you.

Most (by a dramatic amount) of concealed firearms carriers lack any real practical training,,,, and this would include retaining the sidearm when some thug with a degree from criminal College decides he wants to take it. This gets worse when the untrained individual is open arguing, regardless of what type of handgun it is.
So why, why would one choose to walk around in public with an exposed flintlock?
 
Something many people confuse is the legal status of a muzzleloader for the purpose of transfer or the purpose as a weapon.

For example, under Federal and most state laws, muzzleloaders are not regulated as firearms for the purpose of transfer. So, for example in one of those states, you can legally order one online and have it shipped directly to you at home without the necessity of shipping it to an FFL, filling out a 4473, and undergoing a background check.

However, this does not necessarily mean that you can carry the muzzleloader without a license. E.g., just because you mail ordered a Colt 1860 doesn't mean that it's legal to carry concealed or otherwise. In most states, a percussion revolver is going to be treated the same legally as a modern pistol if you are carrying it as a weapon.

Likewise, while even the BATFE has said that Federal law doesn't prohibit a felon from possessing a muzzleloader, individual states may have more restrictive laws.

(I am a retired lawyer. I am not your lawyer. If you want legal advice go buy some.)
 
Regardless of whether or not the o.p. actually intends to do this or not,,,, why would one do this is still a valid question. If it's just a "mental exercise," then let's exercise. Can you/can't you seems like it had best lead to should you, part of answering that is asking why would you.

Most (by a dramatic amount) of concealed firearms carriers lack any real practical training,,,, and this would include retaining the sidearm when some thug with a degree from criminal College decides he wants to take it. This gets worse when the untrained individual is open arguing, regardless of what type of handgun it is.
So why, why would one choose to walk around in public with an exposed flintlock?
Because this is America. It’s about being free and having the liberty to do what you want to do, especially when it comes to our 2nd amendment right to keep and bear arms. My forefathers carried guns (mainly flintlocks) just about everywhere they went in early America, prior to, during, and after the revolutionary war. If I decide to choose to risk openly carrying a flintlock, and potentially having some thug try to take it from me, then who is to say I cannot do that, other than a traitorous tyrannical overreaching government and their cronies?

Still not planning on doing this but just simply pondering the legality of this situation.

The law isn’t very clear but After some reading, it appears to me that in Illinois, flintlocks are considered a firearm and regulated just the same. I’m still not for sure though.
 
Any weapon capable of lethal use can be problematic - it all depends on the law and circumstance (set and setting). Know the law where you are, obey the law, and life's a whole lot more pleasant. I've been inside multiple jails and prisons in Illinois transporting prisoners, etc. None were places I would choose to inhabit - even for a short time.
 
Because this is America. It’s about being free and having the liberty to do what you want to do, especially when it comes to our 2nd amendment right to keep and bear arms. My forefathers carried guns (mainly flintlocks) just about everywhere they went in early America, prior to, during, and after the revolutionary war. If I decide to choose to risk openly carrying a flintlock, and potentially having some thug try to take it from me, then who is to say I cannot do that, other than a traitorous tyrannical overreaching government and their cronies?

Still not planning on doing this but just simply pondering the legality of this situation.

The law isn’t very clear but After some reading, it appears to me that in Illinois, flintlocks are considered a firearm and regulated just the same. I’m still not for sure though.
A respectable answer.

Just to be clear, I am not suggesting one should not be allowed to open carry any type of gun. Just asking the often important, and often infuriating to some people, of why. And, based on almost 20 years working with shooters and in the world of practical shooting skills, suggesting that for most people open carry of any weapon is a bad idea. Just because one can does not mean one should.
 
Something many people confuse is the legal status of a muzzleloader for the purpose of transfer or the purpose as a weapon.

For example, under Federal and most state laws, muzzleloaders are not regulated as firearms for the purpose of transfer. So, for example in one of those states, you can legally order one online and have it shipped directly to you at home without the necessity of shipping it to an FFL, filling out a 4473, and undergoing a background check.

However, this does not necessarily mean that you can carry the muzzleloader without a license. E.g., just because you mail ordered a Colt 1860 doesn't mean that it's legal to carry concealed or otherwise. In most states, a percussion revolver is going to be treated the same legally as a modern pistol if you are carrying it as a weapon.

Likewise, while even the BATFE has said that Federal law doesn't prohibit a felon from possessing a muzzleloader, individual states may have more restrictive laws.

(I am a retired lawyer. I am not your lawyer. If you want legal advice go buy some.)
You must have practiced law in one of those states most of us don't want to live in.
 
A while ago I was shopping at Aldies in Northern Michigan. Their was a shopper walking along with two exposed 1911s in holsters on his side.
No one payed him any attention at all. Southern Michigan they would have had swat teams, ATF the city and Sheriff's department surrounding the place.
Any business that doesn't allow firearms for protection. I refuse to shop their.
 
You must have practiced law in one of those states most of us don't want to live in.

Pennsylvania, which is generally very pro-gun. However, my post was worded to address common misconceptions that many people nationwide have about the legal status of muzzleloaders.

In PA, I can have a muzzleloader shipped to my door with no paperwork. If I want to carry it concealed, I need a License to Carry a Concealed Firearm. I can open carry without a LTCF in most of the state, except for in Philadelphia. To open carry in Philly one needs a LTCF.

To obtain a PA LTCF one needs pay $60 for 5 years, provide 2 character references (which are not even checked in most of the state), and pass a background check. There is no training or qualification requirement. There's no requirement to notify a police officer if you're carrying when stopped for a traffic infraction, and there are very few restrictions on where you can carry.

PA isn't the best state gun-wise, but we're one of the best.
 
Because this is America. It’s about being free and having the liberty to do what you want to do, especially when it comes to our 2nd amendment right to keep and bear arms. My forefathers carried guns (mainly flintlocks) just about everywhere they went in early America, prior to, during, and after the revolutionary war. If I decide to choose to risk openly carrying a flintlock, and potentially having some thug try to take it from me, then who is to say I cannot do that, other than a traitorous tyrannical overreaching government and their cronies?

Still not planning on doing this but just simply pondering the legality of this situation.

The law isn’t very clear but After some reading, it appears to me that in Illinois, flintlocks are considered a firearm and regulated just the same. I’m still not for sure though.
Agreed. Excepting the fact that America was very different then as opposed to these modern days. Disease. Occupational forces. Indigenous People. Survival probably went to the Persons or individual that practiced situational awareness on a daily basis. Much like one has to do today with modern carry. Romantic notion? Yes..but not practical. Even when one might be 100% correct in their actions one is probably going to endure years of expensive Litigation. There is no such thing as unfettered Liberty any longer.
 
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Pennsylvania, which is generally very pro-gun. However, my post was worded to address common misconceptions that many people nationwide have about the legal status of muzzleloaders.

In PA, I can have a muzzleloader shipped to my door with no paperwork. If I want to carry it concealed, I need a License to Carry a Concealed Firearm. I can open carry without a LTCF in most of the state, except for in Philadelphia. To open carry in Philly one needs a LTCF.

To obtain a PA LTCF one needs pay $60 for 5 years, provide 2 character references (which are not even checked in most of the state), and pass a background check. There is no training or qualification requirement. There's no requirement to notify a police officer if you're carrying when stopped for a traffic infraction, and there are very few restrictions on where you can carry.

PA isn't the best state gun-wise, but we're one of the best.
N.C here has a Training Requirement but no references. Similar to PA. in some respects. Under the current political climes I dont know how long it,s going to stay this way. They want to eliminate the permit process here to purchase. Im not sure that is such a great idea. It provides a barrier against those whom should not own a Weapon. Besides Purchase Permits here have a quick turnaround time.
 
Anyone know the legality of open carry when it comes to flintlock rifles? I’m in Illinois (hope to move soon) and was just curious, as I hear flintlocks either originals or replicas are not considered firearms. Not planning on doing this, just curious.
Mostly, in all but the 'Dark Blue' states. carrying a black powder firearm is allowed, even in open carry. (But, best check state and local laws.) Here in Texas, BP guns are considered to be deadly weapons. not firearms. Until Texas got Constitutional Carry, my weapon of choice for carry was a Colt, New Frontier C&B reproduction in .44 cal. though I never, ever, open carried. Want it to be a total surprise when faced with my pistol when some 'would-be' attacker/robber come after me.
 
Many state laws state "pistol", "rifle" or "shotgun", with NO distinction between modern & vintage/replica arms.

These laws are made by folks that either don't know the difference, don't care about the difference - or just want to blanket ALL firearms.
 
Texas specifically exempts antique firearms from the legal definition of a firearm. And reproductions of antique firearms that do not use cartridge ammunition are specifically defined as antique firearms. Still a deadly weapon, as Dark Angel said, but not a firearm.
N.C here has a Training Requirement but no references. Similar to PA. in some respects. Under the current political climes I dont know how long it,s going to stay this way. They want to eliminate the permit process here to purchase. Im not sure that is such a great idea. It provides a barrier against those whom should not own a Weapon. Besides Purchase Permits here have a quick turnaround time.
Purchase permits were historically used to keep minorities from being able to arm themselves and prevent them from obtaining the same rights as good "God fearing" white folk. They have no place in a free country.
 
Back in 15 there was a TEA party event at the state capitol.
I went in full 1776 regalia. When I got tot he edge of the capitol 2 fine policemen came up to me and asked if I had any bullets for my flintlock.
I handed them a hand full of round ball.
They poured them back into my hand and walked away. Never asked if I had powder in my horn.
 
Anyone know the legality of open carry when it comes to flintlock rifles? I’m in Illinois (hope to move soon) and was just curious, as I hear flintlocks either originals or replicas are not considered firearms. Not planning on doing this, just curious.
Soon enough the present regime will declare MLs as weapons of mass destruction.
 
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