Are Black Powder Guns Considered Firearms?

In this video, I’ll discuss the topic of whether or not black powder guns are considered firearms. Be sure to subscribe to my channel for more videos. Thanks for watching!
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Пікірлер: 269

  • @tacojoey
    @tacojoey3 ай бұрын

    Just shot mine it is not a firearm its a cannon 😂😂😂

  • @Eggmayor

    @Eggmayor

    Ай бұрын

    Just dont put a brace on it... 😂

  • @8StringKeith
    @8StringKeith3 ай бұрын

    When I lived in New Jersey, back in the 20th century, that Walker would have been considered and would still be considered a firearm and it must be registered. And because of this, I’ve been a proud Texian for more than half my life 🤠🤙

  • @reachvictoria3386

    @reachvictoria3386

    3 ай бұрын

    New Jersey has restrictions on air guns too 🫣

  • @8StringKeith

    @8StringKeith

    3 ай бұрын

    @@reachvictoria3386 , Yes!!! And just another reason why I became a Texian 🤠🤙 Kindest Regards, Keith

  • @Drizo41

    @Drizo41

    3 ай бұрын

    Amen brother 🫡

  • @FC-qe1wl

    @FC-qe1wl

    3 ай бұрын

    YEP We dont call it new Jermany for nothing

  • @budsforyou5908

    @budsforyou5908

    Ай бұрын

    ​@@FC-qe1wlF'n funny 😊

  • @1248dl
    @1248dl3 ай бұрын

    Im a FFL in New Mexico. I'm not an attorney and I dont play one on the radio. New Mexico does allow certain otherwise prohibited persons to possess muzzle loading firearms, including revolvers. I had a conversation with our last sheriff about this. He expressed admiration for such a fellow whose handling skills with a cap and ball revolver were very skilled. As you said, check the laws where one lives, or is traveling through, before acting.

  • @rackattackgamer7928

    @rackattackgamer7928

    3 ай бұрын

    "allow" ... Just look how far we have come from "shall not be infringed."

  • @1248dl

    @1248dl

    3 ай бұрын

    @rackattackgamer7928 The concept of felony has changed over time. Originally, it was a crime that entailed a death sentence. The felon had declared he was not a citizen but a rogue, outside of and antithetical to society. So, denying civil rights to such, e.g. voting, arms, etc., was not seen as an infringement but as a less drastic punishment than hanging.

  • @rackattackgamer7928

    @rackattackgamer7928

    3 ай бұрын

    @@1248dl It needs to be amended. There was also a concept of, "Paid my debt to society." ... In other words, served the sentence, full restoration of rights. (And just for the record: I'm not a felon... Nor have I ever committed any misdemeanors, but I can't stand all the restrictions in a "supposed" country of "laws" when the lawmakers themselves break law all the time by ignoring, "shall not be infringed.")

  • @matthewmorel3758

    @matthewmorel3758

    3 ай бұрын

    @@rackattackgamer7928citizens allowed that to happen in 1934 when the 2nd amendment became a privilege and we just accepted it.

  • @rackattackgamer7928

    @rackattackgamer7928

    3 ай бұрын

    @@matthewmorel3758 Agreed. REVERSAL ANYONE!?

  • @rackattackgamer7928
    @rackattackgamer79283 ай бұрын

    When the very first cowboy, walked into the very first Town and the Sheriff told them to "Turn in your guns." ... THAT'S WHEN WE SHOULD HAVE RAISED HELL! Now look at it.

  • @eljuano28

    @eljuano28

    3 ай бұрын

    It could reasonably be argued that this specific circumstance is what caused the blood feud between the Cowboys and the Earp's and company, including the infamous O.K. Corral incident.

  • @rackattackgamer7928

    @rackattackgamer7928

    3 ай бұрын

    @@eljuano28 Interesting.

  • @sogdal1
    @sogdal13 ай бұрын

    Good Job, as all government regulations it's clear as mud. Keep pressing on!

  • @scrapyardsorcerer
    @scrapyardsorcerer3 ай бұрын

    Here in the UK ,despite on the ban on "hanguns" we can still own and enjoy reproduction blackpowder handguns (under a firearm certificate) We love the entire faffing around blackpowder.

  • @almirria6753
    @almirria67533 ай бұрын

    Firearms are but the tool the person using it is the weapon

  • @1248dl

    @1248dl

    3 ай бұрын

    While that's true in a philosophical sense, it matters not to the law.

  • @albertvonschultz9137
    @albertvonschultz91373 ай бұрын

    Now, like you said, the ATF regulations does allow. But you have to watch out for state law. Nevada revised statue and Colorado do not allow. As of July, first 2017, Wyoming changed their law to allow even violent convicted felons to possess black powder. Now, an argument could be regardless of ATF or the state law, the Bruin decision. Another case law that came in effect 1803 If a law is in violation of the Constitution, it is nul and Void. The constitution didn't Mention anything about a second class citizen. And by saying that felons can not have firearms, they would deem there's a second-class citizen

  • @Drizo41

    @Drizo41

    3 ай бұрын

    Amen amen 🙏.

  • @recycled3654

    @recycled3654

    2 ай бұрын

    That's right, you could be legal under Federal laws, but simultaneously violate a state's law. All that means is that if one law doesn't get you, another one will.

  • @420WEED69

    @420WEED69

    Ай бұрын

    ​@@recycled3654 and SOUTH DAKOTA is same as WYOMING these are my new homes Blue STATES suck

  • @davegoodridge8352
    @davegoodridge83523 ай бұрын

    Sometimes one needs an attorney to see if one needs an attorney.

  • @ArizonaGhostriders
    @ArizonaGhostriders3 ай бұрын

    This is a great video, my friend. Just like a revolver is also a pistol. A REVOLVING pistol. Love that argument, too.

  • @mkshffr4936

    @mkshffr4936

    3 ай бұрын

    Yep. That is why the revolvers were used to pistol whip bad guys.

  • @johnmine5609

    @johnmine5609

    3 ай бұрын

    antique firearm (16) The term “antique firearm” means- (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or (B) any replica of any firearm described in subparagraph (A) if such replica- (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

  • @biggusdickus5986

    @biggusdickus5986

    3 ай бұрын

    My sleeves aflame is that a fire arm? 😂

  • @skswig1
    @skswig13 ай бұрын

    Test Case out of Gulf Breeze Florida several years ago. Guy shot at a woman with a Odin Flair pistol. He was charged with Ag Bat with a firearm. States expert testified that the small amount of powder in the percussion cap qualified it as a firearm. Jury bought it.

  • @steveg2406
    @steveg24063 ай бұрын

    You would probably be surprised how many states and communities also define air/gas powered guns as Firearms.

  • @cavemanrides
    @cavemanrides3 ай бұрын

    I live in Texas. I talked to the district attorney and the sheriff's department and they said I was allowed a blacked powder gun to carry it with me even being a convicted felon

  • @thomasozminkowski2589
    @thomasozminkowski25893 ай бұрын

    The Constitution does not give them the right to take away rights. We tolerate some infringements because of some peoples behaviours

  • @knight0334

    @knight0334

    3 ай бұрын

    It actually does via Due Process. Read the 5th Amendment.

  • @vehdynam
    @vehdynam3 ай бұрын

    Interesting and complicated.I am in Canada so .............they really don't want us to have any.( for now). Many thanks as always.

  • @mkshffr4936
    @mkshffr49363 ай бұрын

    Aaaand the are readily converted with a conversion cylinder.

  • @johnmine5609

    @johnmine5609

    3 ай бұрын

    wich leaves the Spiller&Burr and 1873 Cattleman revolvers.

  • @maxheadroom7649
    @maxheadroom76493 ай бұрын

    I have this revolver among others and it is by far my favorite front stuffer

  • @RickDelmonico
    @RickDelmonico3 ай бұрын

    There are many air rifles on the market that can be used for defense or hunting etc...

  • @steveg2406

    @steveg2406

    3 ай бұрын

    And may be defined as Firearms under local laws.

  • @jeffe.9904

    @jeffe.9904

    3 ай бұрын

    What? I could use a small hand rake to brush my hair but why would I?

  • @beeks919

    @beeks919

    3 ай бұрын

    ​@steveg2406 most laws require a projectile to be expelled by either combustion or an explosion, so an airgun would be okay but check your local ordinances, city and county codes and state law*

  • @BananaPhoPhilly

    @BananaPhoPhilly

    3 ай бұрын

    Might as well just get a slingshot

  • @RickDelmonico

    @RickDelmonico

    3 ай бұрын

    @@BananaPhoPhilly There are air rifles that will drop a buffalo.

  • @mikemiketool123
    @mikemiketool1233 ай бұрын

    Here in Florida it seems pretty clear-cut that as long as it's made or replicating something made before I believe 1911 or 1918 then it's simply not considered a firearm. There have been instances where they've tried to prosecute though. It hasn't worked but they have tried so I wouldn't go driving around with it. Lol

  • @garrettfromsmokeinthewoods
    @garrettfromsmokeinthewoods3 ай бұрын

    Great video, Dustin. I always get the same comments telling me I don't know what I'm talking about. When I refer to colt "firearms" company of 1855. The long and short of it is if the local government wants to get you for carrying a cap and ball revolver..... they will work it around as in there favor and it would require an extremely good lawyer to say other wise.

  • @KH2837
    @KH28373 ай бұрын

    I'm not a felon, and i own multiple BP pistols as well as modern pistols...but to say the least, the laws are very confusing!! Almost like , just carry and hope for the best because they can manipulate the law against you if they want....pretty jacked up!! Why can't it be cut and dry language!!

  • @recycled3654

    @recycled3654

    2 ай бұрын

    I think that's why these laws are indeed complicated, it's so that "they" can prosecute criminals either federally or through the state.

  • @blipjockey3100
    @blipjockey31003 ай бұрын

    Comprehensive and informative. I started shooting black powder in the late '70's and have kind of been aware of this issue over the years but this really fleshed it out. Makes me very happy of two things. I'm not a convicted felon and I live in Utah, which makes it easy to practice our hobby!

  • @e-changerauquotidien6304
    @e-changerauquotidien63044 күн бұрын

    Thanks a lot for the vid! To me respecting the law is respecting the law, protecting your life is protecting your life. Not the same shelf.

  • @neilhull1
    @neilhull13 ай бұрын

    In the UK muzzle loaders are CLA as firearms and you need a firearm certificate to own them and you can only shoot them at a club

  • @Just1American1966

    @Just1American1966

    3 ай бұрын

    I think that's true there for a spitball gun, too, right?

  • @neilhull1

    @neilhull1

    3 ай бұрын

    @@Just1American1966 yes I have reproduction revolvers and rifles all muzzle loading I can only use them at a shooting club I have to keep them in a police approved gun cabinet and I have my firearm certificate renewed every 5 years Also need.a licence to buy blackpowder and pyrodex and a license to carry blackpowder in my car

  • @chaecoco2

    @chaecoco2

    3 ай бұрын

    Remember in the movie "Braveheart" when Mel Gibson's character shouts the word "freedom". Your comment reminded me of this and what the actual definition of freedom actually is--the ability to go about your daily life and not be incumbered with excessive government intrusion. I feel your pain having to jump through so many hoops to enjoy your favorite pastime; however, I fear we are headed in the same direction this side of the ocean. It is just a matter of time. @@neilhull1

  • @ShanLiB

    @ShanLiB

    3 ай бұрын

    @@neilhull1 Can you make your own black powder, like we do here in the USA?

  • @neilhull1

    @neilhull1

    3 ай бұрын

    @@ShanLiB no only buy it and I need a license to buy it

  • @Touchstarvedguy
    @Touchstarvedguy3 ай бұрын

    Always appreciate your content Dustin! I don't believe they're considered firearms here in FL. In fact in Florida, an antique is considered any gun made prior to 1918

  • @Just1American1966

    @Just1American1966

    3 ай бұрын

    They are not in Florida. Florida follows the US law. If it was made prior to 1918, or was made after 1918 but replicates one made before 1918, it is not considered a "firearm." If it is used as a firearm in the commission of a crime, then the offender can be prosecuted as if it had indeed been one (this applies to anything used to make a victim believe the offender is in possession of a firearm and would carry out a threat to use it.)

  • @LOVES-A1911

    @LOVES-A1911

    3 ай бұрын

    I'm a Florida resident and when I buy a 1911 or single action army revolver they still treat them like modern firearms, even a Colt 1911 made in 1916.

  • @Just1American1966

    @Just1American1966

    3 ай бұрын

    @@LOVES-A1911 Yes. For cartridge firearms to be considered "antique firearms", the additional clause in the law that applies is the one stating that the "non-firearm" is chambered for ammunition made before 1918 and which is "not readily available" in normal commercial trade.

  • @RustyShacklefordReal

    @RustyShacklefordReal

    2 ай бұрын

    ​@@LOVES-A1911because it's still a firearm under federal law, and you have to go through the feds to buy it. I had to do the form and check for an antique rifle manufactured in 1878 because it takes cartridges.

  • @baqashahmath1566

    @baqashahmath1566

    2 ай бұрын

    ​@LOVES-A1911 Because they obviously don't know the law and antique is a replica a replica is not a firearm in Florida a lot of law enforcements are not aware of this now if it is used in the commission of a crime here Florida as used to commit a robbery then yes state law can make it a firearm if you are going fishing it is not being used in the commission of a crime

  • @kennethhummel4409
    @kennethhummel44093 ай бұрын

    Ah legalese, the language that calls black white and gets away with it if your not looking too closely.

  • @Rumblestrip
    @Rumblestrip3 ай бұрын

    It all comes down to state and local and municipal law... However, yes, federally speaking anyone can own black powder arms regardless of past.

  • @snappers_antique_firearms
    @snappers_antique_firearms3 ай бұрын

    Great video dustin

  • @larryfromwisconsin9970
    @larryfromwisconsin99703 ай бұрын

    Interesting. I worked at a locked psychiatric ward that routinely did alcohol detox. The police in our area didn't want alcoholics dying of withdrawal in their jail so they brought us all their DUI and drunk disorderly prisoners. As soon as they walked in our door they were automatically committed by a 72 hour hold. Every Monday morning the commitment was filed with the local magistrate. Bam! They now have a public record of both alcoholism and mental institution commitment. With new State Red Flag laws people are looking for this. I don't feel afraid for myself but I can see how people can stumble into trouble.

  • @TUCOtheratt
    @TUCOtheratt3 ай бұрын

    Great subject matter and discussion. It's complicated.

  • @madmadmal
    @madmadmalАй бұрын

    The “or” statement in legal documents means any condition meeting the definition applies. The “and” statement means that multiple conditions apply.

  • @darthmartinez
    @darthmartinez2 ай бұрын

    Recently some gun shops in my area have resorted to forcing buyers of Cap and Ball Revolvers to fill out a 4473 even though a cap and ball revolver is not a considered a firearm. The explanation I got from the gun shop is "due to the fact that the existence of conversion cylinders allows them to be converted to fire cartridges". If the conversion cylinder can be purchased in the same establishment as the cap and ball revolver then the buyer must fill out a 4473 even if they never intend to convert it. But I also think that a lot of FFL's are being overly careful due to the AFT revoking licenses for very small infractions.

  • @JRB781
    @JRB7813 ай бұрын

    Thank you for uploading a video on this subject. Michigan is a state with some ambiguous laws regarding black powder firearms. Our law about conversion cylinders is a good example. Some online retailers will only ship black powder guns to a MI ffl dealer because of the confusion.

  • @lonniemonroe2714

    @lonniemonroe2714

    3 ай бұрын

    Michigan men had their manhood chopped off at the knees long ago. Have relatives up there. It is a whole different mindset.

  • @Drizo41
    @Drizo413 ай бұрын

    Any gun law only stops those who have no intent of causing harm.

  • @Everythingblackpowder
    @Everythingblackpowder3 ай бұрын

    Excellent video, Dustin! I always get a kick out of the folks you say “the ATF says it’s a gun, not a firearm!” The term firearm has been around a lot longer than the ATF has.

  • @browngreen933
    @browngreen9332 ай бұрын

    Good explanation. 😊

  • @ohiohammerandleversme6875
    @ohiohammerandleversme68753 ай бұрын

    Very interesting indeed ! Food for thought in its purest form !!!

  • @ronrobertson59
    @ronrobertson593 ай бұрын

    Better check your state laws.

  • @BIG-DIPPER-56
    @BIG-DIPPER-563 ай бұрын

    Very Nice - Thanks! 😎👍

  • @Pantechnicon
    @Pantechnicon3 ай бұрын

    It seems to me that the ambiguities of the statutes and the conflicts between federal and state interpretations can be applied to prohibited persons both ways in court, depending on the substance of the case itself. Possession of black powder firearms and ammunition by prohibited persons might not be a big deal in itself unless these items are used in the commission of crimes (or further crimes). Then the courts have a lot more charges they can make stick. Tl;dr - If you’re a prohibited person, don’t commit any crimes, with or without your black powder firearms.

  • @unluckyeddy7966
    @unluckyeddy79663 ай бұрын

    now here is a question for you. My Grandfather left me his 1873 Springfield Trapdoor rifle it was manufatured long before the 1898, but it does take a centerfire cartridge

  • @James-dq3jo
    @James-dq3joАй бұрын

    In my state a muzzleloader is considered a firearm. However not all felons are prohibited under state law-only those who are considered special violent offenders. Domestic violence misdemeanants are also disqualified. However certain drug offenses etc. (which are not necessarily violent according to the dictionary or common usage) are automatically classified as special violent offenses. So, it can get a little tricky and anyone who has had to pay for some past bad decisions should do some careful research and talk to a lawyer about it just to be sure. Because it’s not like a regular firearm, where if you aren’t sure you will pretty much find out when you try to buy it on a 4473.

  • @christopherblevins1968
    @christopherblevins19683 ай бұрын

    That was an interesting topic. Sadly, I don't know what my home State of Virginia's laws are concerning this, but I'm going to find out right now!

  • @kenm8376
    @kenm83763 ай бұрын

    I'm a firearms instructor in Arkansas. Yes, the laws here are a bit confusing. To add to that, many LEO's don't know many of the finer details of the law. It's like that in most states, I suppose.

  • @GunsOfTheWest

    @GunsOfTheWest

    3 ай бұрын

    At least Arkansas is a pretty gun-friendly state. I read that your AG is working with your legislators to get things clarified. Thanks for watching!

  • @jesseusgrantcanales
    @jesseusgrantcanales3 ай бұрын

    I believe here in CA as in most states, guns made or made to look like a gun prior to 1898 is legally not a firearm.

  • @browngreen933

    @browngreen933

    2 ай бұрын

    Even guns firing fixed ammunition?

  • @jesseusgrantcanales

    @jesseusgrantcanales

    2 ай бұрын

    @@browngreen933 It gets into a gray area, if the gun is designed to only handle blackpowder and read as such on the gun, then yes usually; metallic cartridge repros may have conditions, not totally sure about revolvers styled prior to the date considered modern.

  • @baconmcsizzle7091
    @baconmcsizzle70913 ай бұрын

    As an Arkansan who has recently gotten into old west guns, I feel I need to channel Wild Bill and get a couple navy revolvers. Thanks for the info custom tailored to me!

  • @acratone8300
    @acratone83003 ай бұрын

    In California no firearm may be shipped to a private residence. No firearm, period. But black powder guns can be shipped into California with no more rules than shipping a can of coffee or a pair of shoes. Same thing for federal rules. Other State rules can be different. This is why Cabelas will ship black powder revolvers and long arms to a private residence in California. But they won't ship cartridge guns into California private residence where the owner doesn't have an FFL.

  • @ucin1481
    @ucin14813 ай бұрын

    [Fun Fact] In my homeland - Poland people can buy and carry only blackpowder firearms for civilian use and such weapons are still considered as full-fledged firearms. Its a pretty damn rare approach to the law in EU :D

  • @wesbrown5601
    @wesbrown56012 ай бұрын

    Well, to throw in two cents from Oklahoma. Here they are considered firearms when it comes to prohibited persons, but there is still no background check or otherwise to determine if a person is prohibited or not at the time of purchase.

  • @75SakoHunter
    @75SakoHunter3 ай бұрын

    Add a cartridge conversion cylinder to the confusion…….😮 Great video! Thank you

  • @mr.velous4070
    @mr.velous40703 ай бұрын

    Best regards from Germany, where an old percussion revolver is treated just as a brand new .500 magnum one, regarding permits to own and posses one. The necessary extra permit to own and handle black powder practically makes it even more complicated and expensive. Crazy, right?!

  • @atvheads
    @atvheads15 күн бұрын

    In Sweden, they are considered antique, and not a firearm. If it is made before 1890 and only muzzle loaded black powder.

  • @mattbrown5511
    @mattbrown55113 ай бұрын

    I gave you a thumbs up regardless of the fact that I don't believe any state law supersedes the US Constitution. Also, the 2ND Amendment has no clause to "keep and bear arms, except when".

  • @eliinthewolverinestate6729
    @eliinthewolverinestate67293 ай бұрын

    The state of Michigan considers it a pistol when talking about ccw laws. Atf it's not a firearm. To the cops if seizing guns will call it a firearm. There are laws in Michigan saying 18 years or older and non prohibited person to "OWN" a black powder firearm. Private property A felony may use one with supervision. The way I read laws here. Because of possession laws and supervision laws for prohibited peoples to posses or use them while under super vision. That way kids, disabled, and other wise "prohibited" people can hunt. I hate decapping my 1851 to drive down private road to cfa land to access back of my private property. I am going to buy a decapper today.

  • @almartin4284
    @almartin42843 ай бұрын

    Love cap and ball pistols. Love tuning them up. YT has a lot of great videos like this one. I've learned a lot. On another note, here in Rhode Island black powder guns are not firearms......but, if you use one in committing a violent crime, then it's considered a firearm.

  • @dennisjwest.7016
    @dennisjwest.70163 ай бұрын

    In Illinois. I have heard that you need a foid card to buy all including alot of bb and pellet guns

  • @daveyjoweaver6282
    @daveyjoweaver62823 ай бұрын

    A very good topic indeed and Kind Thanks for bringing it to the table! In Pennsylvania from what I’ve researched, a black powder gun isn’t considered a firearm if made before 1898, I believe is the year. If a reproduction metal cartridge gun made after this year is considered a firearm. It might be 1897 or 1899, I’ll have to look it up again. There were a few times that I had a musket and one of my repro Colts and forgot my cal for the pistol/s but had my musket caps. So I came home from the range with a loaded Colt but no caps. Obviously the gun won’t fire without caps but it felt strange. I packed put the pistol in a safe place until I got to the range again rather than going to the trouble of unloading the cylinder. I will say I did take the pistol apart for the trip home and when I went back to the range. Because of weather and my schedule it was two months until I could. I wondered if the gun would misfire being loaded so long. It was just fine and I do believe you did a video about this very thing. So Thanks Again, Many Blessings and Good Shootin! DaveyJO in Pennsylvania

  • @AlexDoesYouTubes
    @AlexDoesYouTubes3 ай бұрын

    As far as federal law is concerned, there is no debate.

  • @cdarrinford
    @cdarrinford3 ай бұрын

    I have a question about the Walker and your paper cartridge kit. Will the Walker compress the reduced load 44 light kit cartridges enough to not have air space in the camber if making them with round ball?

  • @Squib1911
    @Squib19113 ай бұрын

    Maybe I'll start saying "antique" firearm more often. Great video Dustin.

  • @DK-gy7ll
    @DK-gy7ll3 ай бұрын

    So considering the fact that cartridge conversion cylinders exist for black powder revolvers, does that make them "readily convertible" to fire fixed ammunition according to ATF?

  • @razorbackpiperguy2898
    @razorbackpiperguy28983 ай бұрын

    Good rundown of the Arkansas law. And you are absolutely correct when you said it is a mess. And trust me, you don't want to be the test case to argue that the ATF supersedes the State law. Maybe it does and maybe it doesn't, but you don't want your freedom on the line finding out.

  • @gazzatdisco
    @gazzatdisco3 ай бұрын

    Black powder firearms in the UK as classed as just that a firearm and you have to have a firearms license to own them and another license for the black powder that is an explosive certificate a black powder rifle also falls into firearms category but smooth bore muskets fall onto shotgun certificates

  • @9mmARman
    @9mmARman3 ай бұрын

    Even in the People's Republic of MassaTwoSh!ts they are not considered firearms and no license is required. You can even still possess them if you have a restraining order against you. But.... Possession of ammunition or any component of ammunition without a license is a 10 year felony. That includes a single round ball, cap, patch, spent shell casing, ANYTHING!

  • @dallasfl
    @dallasfl3 ай бұрын

    You know I was looking into black powder guns these past two months. I was thrown for a loop that fellons could own one. But law is the law no two ways about it just that. But I look forward to learning to use them someday for hunting game.

  • @mattemal6054
    @mattemal60543 ай бұрын

    What about the term “easily converted?” I own three percussion revolvers but conversion cylinders for only two of them. Does that mean the third one is not “easily converted?” Or is it “easily converted” because I can buy a conversion cylinder if I so choose?

  • @Drizo41

    @Drizo41

    3 ай бұрын

    So myself and blackpowderpapa have answered this on our channels. We have both spoken with many lawyers, police departments, and the atf. As long as the conversion cylinder is not in the weapon it is not converted. Readily converted is just word vomit. And in Texas a felon is allowed to own a firearm in his house for self defense.

  • @carlcox7332

    @carlcox7332

    3 ай бұрын

    ​@@Drizo41after 5 years they can. Just don't ever give feds a reason to come to your house cause it's still a federal violation. And technically the only way to acquire one is from a private seller and they would have to deliver it to your house. If you get caught with it anywhere but your property, it's a gun charge. Can always have your wife or girlfriend buy it. I've spoke with a criminal attorney thats also gotten several guys records expunged and their 2a rights restored. Also several officers and a few FFL dealers. Looked into it pretty heavy cause I got 2 felonies when I was only 17 and tried as an adult for stupid sh#t. Just a kid being a kid in a small town. Then about 15 years ago I caught one for possession. I've been clean for over 8 years now and completely turned my life around doing everything by the book so wanted to see if it was possible for me to get my 2a rights restored.

  • @chickensandwich1589

    @chickensandwich1589

    3 ай бұрын

    I know for sure Virginia state law bring up conversion cylinders specifically, so look up your area.

  • @Drizo41

    @Drizo41

    3 ай бұрын

    @@carlcox7332 you are correct. However in Texas a lot of that stuff doesn’t apply. Which is why I just let everyone know that you stay out of trouble, mind your own business, and everything will be fine. I have had a lot of officers remind me it is our discretion if a felon saves my life or some one else’s with a gun then I’d be an idiot to turn around and arrest them

  • @jimpolicke7639
    @jimpolicke76393 ай бұрын

    Interesting discussion, Dustin. Interesting language: under the "loaded firearm" definition, it refers to a firearm that could be fired "by ONE manual operation..". Well, your Walker or any other single action revolver takes two manual operations: one to cock the hammer, then one to release it. So does that mean a felon can have a loaded BP revolver? Also, the law talks about converting a muzzle loading weapon by replacing parts other than the cylinder, which is what I would use to convert my .44 Remington to shoot .45 Colt. It's an odd omission.

  • @jason60chev
    @jason60chev3 ай бұрын

    So, since a percussion revolver can "readily" be converted to fir fixed ammo, through the use of a drop in conversion cylinder, which cylinder, alone, is not NFA/GCA regulated, are prohibited persons not allowed to use them?

  • @billrivenbark8983
    @billrivenbark89833 ай бұрын

    Ok, an original 45-70 Springfield Trapdoor fired cartridges filled with Black Powder. Same with Colt 45 Peacemaker. Do these qualify as Black Powder firearms?

  • @harveylane932
    @harveylane9323 ай бұрын

    A lot depends on what the state law is......on some states, the projectile can be expelled by explosion, or gas ........

  • @oregonoutback7779
    @oregonoutback77793 ай бұрын

    This was an excellent discussion. It is all so convoluted and confusing, think I'll just stick to my antique black powder lightsaber .....

  • @flmason
    @flmasonАй бұрын

    Have to wonder where "can be converted to cartridges with a Kirst Converter Cylinder" or similar falls? Clearly a Kentucky Pistol is in the clear, but I wonder about cap & ball? Also curious about 209 type rifles? Then there's the question of self made black powder arms?

  • @a160eb
    @a160eb3 ай бұрын

    Your lucky being in America here in England a Firearm is a Lethal Barrelled Weapon " Capable " of firing a Bullet Projectile or Missile.

  • @dalesearcy5734
    @dalesearcy57343 ай бұрын

    As you know, here in Utah, muzzle loading firearms are not regulated and are not required to have a back ground check done, to own one. You can have one mailed to your home without any type of paperwork.

  • @carlcox7332

    @carlcox7332

    3 ай бұрын

    Here in Texas also. And after 5 years without any charges, a felon can own and posses a modern firearm IN THEIR OWN HOME OR PROERTY for protection, practice (if theres no restrictions for discharging a weapon). You just can't travel with one, or hunt anywhere that isn't on your property, or purchase one from an FFL dealer because they're bound by federal law. You can buy one from a private seller but technically the only way to do that is if they bring it to your house. Just don't get raided by any type of federal agent and your good 😂.

  • @bradleypool3711
    @bradleypool37113 ай бұрын

    No state or... may make a law that supercedes federal law.

  • @kennethhowell1272
    @kennethhowell12723 ай бұрын

    Problem is federal law talks about a weapon that can be “easily” converted to fire a cartridge. There are a number of cartridge cylinder conversations for a number of popular “cap and ball” revolvers thus making “them” readily convertible. IMO a felon would have to pack a single shot blackpowder pistol as they are not easily converted to accept a cartridge.

  • @kurtvanluven9351

    @kurtvanluven9351

    3 ай бұрын

    But if you have an obsolete caliber. Like 41 Colt.

  • @dougadams9419
    @dougadams9419Ай бұрын

    Silly question. Yes, they are firearms, but not regulated if made before and up to 1898, it's considered an antique firearm. Even a modern replica is not regulated. No NICS check. The term “antique firearm” means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. The definition includes any replica of an antique firearm if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire ammunition which is no longer manufactured in the United States, and which is not readily available in ordinary channels of commercial trade. Further, any muzzle loading rifle, shotgun, or pistol which is designed to use black powder or black powder substitute, and which cannot use fixed ammunition, is an “antique firearm” unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. See 18 U.S.C. § 921(a)(3), (a)(16).

  • @douglasmaccullagh7865
    @douglasmaccullagh78652 ай бұрын

    It sounds like cap & ball revolvers can be considered modern firearms because cartridge conversion cylinders exist, thus making the revolvers "easily converted" to cartridge guns. There is no situation so clear and simple our legal system cannot complicate it until it becomes incomprehensible.

  • @texasghostrider9644
    @texasghostrider96443 ай бұрын

    According to the Texas is a Firearms Association anything before somewhere in the 1900s if I remember correctly is not considered a firearm as long as it's fires loose black powder or paper cartridges anything with the metallic cartridge is considered a firearm. At least if I remember correctly

  • @stevelewis7263
    @stevelewis72633 ай бұрын

    Here in Britain even airguns are classed as firearms if an offence is committed

  • @cristianpopescu78
    @cristianpopescu782 ай бұрын

    Verry interessting. In Germany everything which works with explosive is a firearm. In east Europe , some coutries regard air gun as " gun" and therefore subject of regulation. In Europe ( except Chehia, Swiss) bear a firearm is banned, which means selfdefence isnt a right any more.

  • @normanbraslow7902
    @normanbraslow79023 ай бұрын

    It depends on the law of the individual state. Federal law is not determinative as to any state. Most states will prohibit ex-felons from possessing antiques.

  • @billcrutchfield3864
    @billcrutchfield38643 ай бұрын

    Where to find caps

  • @bipolarbear69

    @bipolarbear69

    3 ай бұрын

    Make your own.

  • @daleweller5193
    @daleweller51933 ай бұрын

    In Michigan you can buy a black powder pistol without a permit,unless you are going to shoot it!

  • @richardpashos
    @richardpashos3 ай бұрын

    i want indian made musket from militaryheritage (withouit touch hole) but laws in my country think for you in forward and it says you cant own items that look like a guns but cant shoot and can be easily converted to shootable condition i thought i found loophole in laws but no

  • @lynnie0526
    @lynnie05263 ай бұрын

    I ‘m not a lawyer but you said “under Arkansas law if you take the walker and load powder, a projectile and cap it it would be loaded” and you would be right if you load all 6 cambers. Now the Arkansas law said , in short . #1 If the chamber is loaded in a firing position so if you only load 5 chambers and the hammer is sitting on an empty that would mean the gun is not loaded #2 it also said “can be fired by 1 manual operation of any mechanism “ so like I said I’m not a lawyer but any single action firearm loaded with 5 rounds is not loaded, there is nothing in the firing position and it takes 2 manual operations 1 cock the hammer 2 pull the trigger . In my opinion ( and we all know what they say about opinions) As for whether or not a cap and ball is a firearm then yes they are and a Fallon should not own any firearm great video Thanks John

  • @GunsOfTheWest

    @GunsOfTheWest

    3 ай бұрын

    That’s a correct reading of it, which is why I said, “The chambers…” (Plural.) If I leave the hammer on an empty one, requiring two actions to fire, I would agree that it’s not loaded, but there’s an implication that it’s still a firearm.

  • @mattsmustang65
    @mattsmustang653 ай бұрын

    I think that people assume it is legal for a felon to own them just because there is usually no background check at the time of purchase. It's easy to think "Well I was allowed to buy one so it must be legal for me to own it." As with most all firearm related topics check the state and local laws of where you live to know if it is legal to own.

  • @csumme7
    @csumme73 ай бұрын

    Federal law says no it is not a firearm as they refer to a firearm as a gun that shoots modern ammunition (not black powder). This however is not the same for state laws as some allow and some even consider a BB gun as a firearm and are banned to persons with a felony.

  • @James-dq3jo
    @James-dq3joАй бұрын

    It is a firearm for basically all purposes, except in certain legal contexts.

  • @lordofpain3476
    @lordofpain3476Ай бұрын

    So , in Arkansas a felon can possess a black powder firearm as long as it's not loaded ? So it is essentially just a decoration ?

  • @kirkboswell2575
    @kirkboswell25753 ай бұрын

    One point that should be mentioned. Even otherwise legal black powder firearms are STILL prohibited while on probation. The sentence given for whatever has to have been completed.

  • @mikemiketool123
    @mikemiketool1233 ай бұрын

    I want to make about felons and firearms is this, the type of person who's going to hurt somebody or commit a crime using a gun isn't going to care that you told them no. The people who got in trouble when they were teenagers what are otherwise law-abiding citizens the only ones this law is ever actually enforced upon because they are the only ones who will actually follow it

  • @GunsOfTheWest

    @GunsOfTheWest

    3 ай бұрын

    Completely agree.

  • @mikeiswi4872
    @mikeiswi487221 күн бұрын

    They have changed the definition of the word "firearm", I know this for a fact because in 1989 I was on parole Andi purchased a black powder revolver and took it along with a websters dictionary to my parole officers and laid it on top of his desk in plain view, when he walked in he started to chew me out for it. I opened my dictionary to the marked page and handed it to him and he read out loud "Firearm";any weapon/arm capable of firing a cylindrical round". A black powder weapon does not fire a cylindrical round !!!instead it employs a procution cap to ignite packed powder behind a molded lead ball, held within a rotating cylinder. Not a "firearm!!!!!....

  • @radomguy9678
    @radomguy96783 ай бұрын

    Wow, how did you happen to find that Arizona mess of laws? That's nuts. Good work. This video is going to get a lot of views. There are so many people whose God given rights have been taken from them by the legal system.

  • @williammartin8501
    @williammartin85013 ай бұрын

    It's not the government's business what we owned or don't own if you do something wrong and you have to pay the price you pay the price we shouldn't have to get permission to do anything from the they don't get our permission to do anything they do and they're all a bunch of crooks

  • @WiskyMic
    @WiskyMic2 ай бұрын

    Massachusetts?

  • @rktman1965
    @rktman196515 күн бұрын

    Isn't it interesting how a person could be sent to prison for a crime and be released once their time had been served with their dept to society considered paid in full only to find that their constitutional rights are still not restored?

  • @Mr07191963
    @Mr071919633 ай бұрын

    South Carolina is good with it!!!

  • @martinswiney2192
    @martinswiney21923 ай бұрын

    Pepperbox guns are fun! 😂

  • @bipolarbear69
    @bipolarbear693 ай бұрын

    From your neighboring state our rules are aslong you don't use conversion cylinders your good for felons.