Aunt Bee
Member
Can a loaded blackpower revolver be legally CC in MD ?? (Without a permit)
Yeah in my cc interview the Trooper ask what I was going to carry wish I would have said BP
I remember researching this in-depth years ago but my memory is pretty fuzzy. If I recall, MD law, as with Federal law, does not consider a muzzleloader or other antiques an actual firearm, so firearms laws do not apply. However, since it is a weapon, it falls under the same dangerous weapon statute as daggers, bowie knives, brass knuckles etc. in that it cannot be carried concealed on the person. It can, however, be carried in a vehicle unloaded, and can be carried on the person loaded and not concealed (not applying firearms laws here because it legally is not one at a state or federal level). My takeaway was, if I needed a truck gun, I could theoretically have a BP revolver in a case with a separate loaded cylinder ready to go and not violate any laws. I could, then, if a situation arose where it was needed, legally load and carry the BP revolver unconcealed. In the event that it was decided that the revolver was carried loaded inside the vehicle, it falls under hunting statutes and the first offense is a citation.
Again, memory is pretty fuzzy here and the theory involved some real tip-toeing around current laws to arrive at that conclusion. Might be way off base here.
EDIT: I see Smokey0118 posted right as I started typing. That's how I remembered it: "It's the same as a fixed blade. It's a firearm, but not a handgun. As such, you should be able to legally open carry a cap and ball revolver, but you cannot conceal it."
AFAIK, the Feds do not consider a BP pistol as a "gun", loaded or not. Inserting a conversion cylinder makes it one. Marylandistan most likely would consider a capped and loaded BP pistol as a "dangerous weapon" to deprive you of your civil rights. Note that uncapped is unloaded. As with anything to do with law in this legislative lunatic asylum, YMMV.
https://law.justia.com/codes/maryland/2020/criminal-law/title-4/subtitle-1/section-4-101/
https://law.justia.com/codes/maryland/2020/criminal-law/title-4/subtitle-2/section-4-201/
Interestingly enough, there's an exemption for carrying antique firearms at demonstrations. Otherwise, you cannot carry a firearm anywhere that your activity may "draw a crowd"
https://law.justia.com/codes/maryland/2020/criminal-law/title-4/subtitle-2/section-4-208/
When they asked me that questions I asked, "what do you recommend?"
After reading through state law, I'm not seeing firearms mentioned in the dangerous weapons section, except for stating that "weapon" doesn't mean "handgun". I remembered this coming up a bunch and it resulting in antique firearms being treated like a dangerous weapon, but they aren't mentioned within the dangerous weapon section of comar...soooo...? Concealed might be okay unless I'm missing something.
And what was his response?
No. That’s not what the law says. You cannot demonstrate and carry a firearm. And if so informed by an officer of the law that a demonstration is in effect, you must remove said firearm at least 1,000 feet away. Unless it is your personal property you are on.
If the firearm draws a crowd, that doesn’t suddenly make it illegal. The activity you have to be engaged in or OTHERS are engaged in is clearly spelled out in law on what constitutes a demonstration. And LEO also has to tell you such.
NO , you may NOT Conceal .
Absent any other specific statutory provision , they are generally under the provisions of 4-101 . Similar to swords , axes , fixed blade knives , automatic knives , long guns, etc . Can not be concealed , can not be carried with intent to commit a crime . Case Law on 4-101 is varied in interpretation .
The light bulb moment that pops up periodically is that in theory , you Can carry one Openly w/o Permit .
The Wisdom of doing so is a different discussion .
The notable statute that does explicitly include Antiques is the Use of Firearm in Commission of Crime of Violence .
EXACTLY! That part has been discussed in other threads many times. I for one am not going to do that unless SHTF events make it absolutely necessary. I'll just point to those threads for discussion...