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curby's avatar

said ganger DID say he had a 44 MAGNUM under the seat… being a cap and ball I wonder if it was loaded….

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Blind Archer's avatar

Fresno PD's post says it was loaded.

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Cedar Sanderson's avatar

The comments are comedy gold, I was laughing uncontrollably.

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Don Curton's avatar

If properly loaded it can still be deadly. Unloaded, it's still a heavy chunk of iron and brass. However, I'm in awe of the "Ruthless Thug Life Fresno Bulldog Criminal Street Gang" label. Holy hell, were all the cool names already taken?

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Blind Archer's avatar

I know this is California, and the rules are different - because California rules are different - but under federal law, isn't a black-powder-ONLY revolver like this considered an "antique firearm", and not a "firearm"?

I mean, in Texas of all places, open carry of a firearm was illegal, but people were open-carrying guns like this and the police couldn't stop them, specifically because these guns AREN'T firearms under the legal definition. They also aren't subject to the NICS background check.

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Note: I just checked <a href="https://www.law.cornell.edu/uscode/text/18/921">18 U.S.C. 921</a>, and "antique firearm" does indeed have its own definition - 18 U.S.C. 921[a][16] - that is explicitly excluded from the definition of "firearm" in 18 U.S.C. 921[a][3].

I went a step further and checked the California Penal Code definition of "firearm" - <a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=16520">C.P.C. Section 16520</a> - and it's ... ummm ... "messy" is a good description; it appears the exact definition varies depending on which C.P.C section the police are seeking to enforce - e.g. sometimes an emergency flare gun is a "firearm" and sometimes not, sometimes a "precursor part" or incomplete frame or receiver is a firearm and sometimes not, etc. IANAL, but it appears an antique firearm is "not a firearm" in California only if it's unloaded, and even then only when applied to certain statutes.

I know, I know, "Fungibly-broad legal definitions in a Communist hell-hole? This is my shocked face."

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Tom from WNY's avatar

My, Oh My! An unfired brass frame 1858 Remington cap-n- ball revolver! (Note lack of staining on frame at front of cylinder.) Unloaded as well. (Note lack of copper caps on nipples in the rear of the cylinder.)

Yup, under Federal law, not a firearm.

In my experience, after 5 shots, these revolvers will foul badly enough to become difficult to reload and function properly. Reloading will be very slow, using loose powder, balls, grease and caps.

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