Are Black Powder Guns Considered Firearms?

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  • Опубліковано 1 жов 2024
  • 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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КОМЕНТАРІ • 329

  • @GunsOfTheWest
    @GunsOfTheWest  3 місяці тому +2

    Check out the Guns of the West store here: gunsoftheweststore.com

  • @tacojoey
    @tacojoey 7 місяців тому +87

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

    • @Eggmayor
      @Eggmayor 5 місяців тому +2

      Just dont put a brace on it... 😂

    • @DonaldChairamonte
      @DonaldChairamonte 2 місяці тому +2

      No I Honestly don't think that it is a gun , but I think it is a hand held cannon

    • @sgtjacques4172
      @sgtjacques4172 7 днів тому

      @@Eggmayor Bruh, is that an assault cannon lol

  • @cavemanrides
    @cavemanrides 7 місяців тому +34

    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

    • @28ebdh3udnav
      @28ebdh3udnav 3 місяці тому +12

      It's bullshit that you are treated as a felon when you did your time and served the time and now deee

    • @ScottSchade-m4g
      @ScottSchade-m4g 2 місяці тому +5

      Thanks for your foot work on carting a black powder.💂

    • @seymourwrasse3321
      @seymourwrasse3321 Місяць тому

      @@28ebdh3udnav it's even worse when you argued with your spouse, no guns involved, the law got called and you no longer can own a gun because of a misdemeanor. it's called incrementalism, where the liberal trash strip away at the 2nd A one small layer at a time. machine guns were outlawed when there has never been a crime committed with a legally purchased machine gun in the history of the weapon. gun laws don't apply to criminals

  • @8StringKeith
    @8StringKeith 7 місяців тому +59

    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 7 місяців тому +5

      New Jersey has restrictions on air guns too 🫣

    • @8StringKeith
      @8StringKeith 7 місяців тому +4

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

    • @Drizo41
      @Drizo41 7 місяців тому +5

      Amen brother 🫡

    • @FC-qe1wl
      @FC-qe1wl 7 місяців тому +8

      YEP We dont call it new Jermany for nothing

    • @budsforyou5908
      @budsforyou5908 5 місяців тому

      ​@@FC-qe1wlF'n funny 😊

  • @sogdal1
    @sogdal1 7 місяців тому +24

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

  • @albertvonschultz9137
    @albertvonschultz9137 7 місяців тому +25

    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 7 місяців тому +1

      Amen amen 🙏.

    • @recycled3654
      @recycled3654 6 місяців тому

      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.

    • @WHEREVER-I-ROAM
      @WHEREVER-I-ROAM 5 місяців тому

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

  • @ArizonaGhostriders
    @ArizonaGhostriders 7 місяців тому +18

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

    • @mkshffr4936
      @mkshffr4936 7 місяців тому +1

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

    • @johnmine5609
      @johnmine5609 7 місяців тому

      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 7 місяців тому +1

      My sleeves aflame is that a fire arm? 😂

  • @robertlast3052
    @robertlast3052 2 місяці тому +6

    Shall not be infringed.

  • @1248dl
    @1248dl 7 місяців тому +40

    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 7 місяців тому +9

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

    • @1248dl
      @1248dl 7 місяців тому +8

      @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 7 місяців тому +9

      @@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 7 місяців тому +7

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

    • @rackattackgamer7928
      @rackattackgamer7928 7 місяців тому +2

      @@matthewmorel3758 Agreed. REVERSAL ANYONE!?

  • @almirria6753
    @almirria6753 7 місяців тому +27

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

    • @1248dl
      @1248dl 7 місяців тому +10

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

  • @KH2837
    @KH2837 7 місяців тому +12

    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 6 місяців тому +3

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

    • @acesup5845
      @acesup5845 2 місяці тому +1

      I believe you answered your own question. You asked "Why can't it be cut and dry language" and the answer that you gave... So "they can manipulate the law against you if they want"

  • @scrapyardsorcerer
    @scrapyardsorcerer 7 місяців тому +19

    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.

    • @interstellarsurfer
      @interstellarsurfer 3 місяці тому +2

      Glad to hear you guys can at least roleplay as the redcoats you are. 😉

    • @thepenultimateninja5797
      @thepenultimateninja5797 Місяць тому +2

      I'm from the UK, but I live in the US now.
      Considering how difficult it is to get a FAC and own a muzzleloader in the UK, it was quite a surreal experience at first to be able to just order them online with no paperwork.
      It was also weird the first time I saw them at my local mall, packaged in clamshell packaging and hanging on pegs.
      That feeling soon wore off though; just part of the culture shock of living in a different country.

  • @garrettfromsmokeinthewoods
    @garrettfromsmokeinthewoods 7 місяців тому +11

    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.

  • @steveg2406
    @steveg2406 7 місяців тому +14

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

    • @madetenyo
      @madetenyo 2 місяці тому +1

      Infamously New Jersey 😂

  • @kennethhummel4409
    @kennethhummel4409 7 місяців тому +10

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

  • @skswig1
    @skswig1 7 місяців тому +8

    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.

  • @mikemiketool123
    @mikemiketool123 7 місяців тому +6

    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

  • @TUCOtheratt
    @TUCOtheratt 7 місяців тому +4

    Great subject matter and discussion. It's complicated.

  • @vehdynam
    @vehdynam 7 місяців тому +7

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

  • @davegoodridge8352
    @davegoodridge8352 7 місяців тому +13

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

    • @johnstancato8785
      @johnstancato8785 24 дні тому +1

      Having an attorney means you're admitting that you're incompetent the definition of an attorney is a liar and a thief attorneys are an officer of the Court they only work for the court they don't work for you there are there to lie and steal your money

  • @Everythingblackpowder
    @Everythingblackpowder 7 місяців тому +2

    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.

  • @mkshffr4936
    @mkshffr4936 7 місяців тому +11

    Aaaand the are readily converted with a conversion cylinder.

    • @johnmine5609
      @johnmine5609 7 місяців тому

      wich leaves the Spiller&Burr and 1873 Cattleman revolvers.

  • @blipjockey3100
    @blipjockey3100 7 місяців тому +6

    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!

  • @RickDelmonico
    @RickDelmonico 7 місяців тому +23

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

    • @steveg2406
      @steveg2406 7 місяців тому +2

      And may be defined as Firearms under local laws.

    • @jeffe.9904
      @jeffe.9904 7 місяців тому +1

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

    • @beeks919
      @beeks919 7 місяців тому +1

      ​@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 7 місяців тому +1

      Might as well just get a slingshot

    • @RickDelmonico
      @RickDelmonico 7 місяців тому +2

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

  • @JuanRodriguez-kw2gr
    @JuanRodriguez-kw2gr Місяць тому +3

    I’m a Texican and proud of it.

  • @kenpickett9317
    @kenpickett9317 7 місяців тому +3

    A freaken BB gun is considered a firearm in this country.

  • @thomasozminkowski2589
    @thomasozminkowski2589 7 місяців тому +5

    Lets not give the ATF reason to change their rules.

    • @lordofpain3476
      @lordofpain3476 5 місяців тому

      Since when do they need a reason ?

  • @cristianpopescu78
    @cristianpopescu78 6 місяців тому +1

    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.

  • @richardlahan7068
    @richardlahan7068 7 місяців тому +1

    My 1766 Charleville reproduction isn't a firearm, according to ATF.

  • @kenm8376
    @kenm8376 7 місяців тому +3

    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  7 місяців тому +1

      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!

  • @eliinthewolverinestate6729
    @eliinthewolverinestate6729 7 місяців тому +2

    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.

  • @thomasozminkowski2589
    @thomasozminkowski2589 7 місяців тому +16

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

    • @knight0334
      @knight0334 7 місяців тому +3

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

    • @theseedistheword3603
      @theseedistheword3603 2 місяці тому

      NEVER SHOULD HAVE. THATS WHY ITS THE ONLY AMENDMENT THAT COMMANDS "NO INFRINGEMENT / NONE, EVERYONE HAS THE RIGHT TO PROTECT THEIR LIFE, EVERYONE!1.. Some people cant defend their lives or family for dumb neverr violent crimes. A nd just beccausse someone made a mistake he now has lostt the right to stop a murderer from killinng him. Its wrong founders had it right. simple

  • @mattbrown5511
    @mattbrown5511 7 місяців тому +2

    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".

  • @johnstancato8785
    @johnstancato8785 24 дні тому +1

    Shall not be infringed bottom line our government works for we the people not the other way around shall not be infringed is there for a reason government States and counties are breaking the law we the people are not going to stand for it no longer we will stop them from infringing on our god-given inalienable rights law stands from Land air and water which God gave man dominion over God did not give man Dominion over man

  • @maxheadroom7649
    @maxheadroom7649 7 місяців тому +4

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

  • @Touchstarvedguy
    @Touchstarvedguy 7 місяців тому +9

    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 7 місяців тому +2

      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 7 місяців тому +2

      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 7 місяців тому +2

      @@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 6 місяців тому

      ​@@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 6 місяців тому

      ​@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

  • @9mmARman
    @9mmARman 7 місяців тому +1

    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!

  • @williammartin8501
    @williammartin8501 7 місяців тому +2

    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

  • @cassandralister6706
    @cassandralister6706 2 місяці тому +1

    I was talked into accepting a bs charge on me from dss and now I'm not allowed to own a gun so dam this country's laws

  • @rackattackgamer7928
    @rackattackgamer7928 7 місяців тому +20

    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 7 місяців тому +6

      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 7 місяців тому +2

      @@eljuano28 Interesting.

  • @gazzatdisco
    @gazzatdisco 7 місяців тому +1

    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

  • @Rumblestrip
    @Rumblestrip 7 місяців тому +2

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

  • @Pantechnicon
    @Pantechnicon 7 місяців тому +2

    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.

  • @bradleypool3711
    @bradleypool3711 7 місяців тому +2

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

  • @SmallCaliberArmsReview
    @SmallCaliberArmsReview 7 місяців тому

    If we could just obey the first 10 laws, everything would be good.

  • @mr.velous4070
    @mr.velous4070 7 місяців тому +1

    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?!

  • @jimbokilo
    @jimbokilo 7 місяців тому +1

    Im Australian, water pistols are firearms here lol.

  • @larryfromwisconsin9970
    @larryfromwisconsin9970 7 місяців тому +1

    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.

  • @mikegerlt4262
    @mikegerlt4262 29 днів тому

    Does goin to jail for 51 days for an Antique firearm constitute breaking the 2nd Amendment? The Law Of being charged with Unlawful possession of a FireArm? Having the law state CLEARLY ""Shall not apply to an Antique Firearm""? Happened o4/10/24 to o5/31/24 St.Clair County Mo Court 0ct.07/202442 U.S.C §1983
    Police Misconduct Provision
    34 U.S.C§12601
    18 U.S.C §§241,242

  • @Boviathan
    @Boviathan 7 місяців тому

    I thought that the Rust Donald Trump Alec Baldwin gun show might be a start to take black powder guns away. I hope not. In my opinion, America is gone. This is Canada part two.
    Both parties are pretty much the same thing. It’s about agenda, not party.
    If the liberal owns the dictionary, the liberal can change the definitions.

  • @growleym504
    @growleym504 28 днів тому

    Public carry is one thing. Home defense is another. I don't see how ANYBODY can in good conscience forbid a person from keeping ANY gun in his home. Just sayin.

  • @mattemal6054
    @mattemal6054 7 місяців тому +4

    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 7 місяців тому +1

      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 7 місяців тому +1

      ​@@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 7 місяців тому

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

    • @Drizo41
      @Drizo41 7 місяців тому +1

      @@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

  • @greenbroccolistudios1275
    @greenbroccolistudios1275 7 місяців тому +1

    Call of juarez and rdr2 vibes

  • @trynsurviven2440
    @trynsurviven2440 11 днів тому

    I prefer to call black powder pistols, muzzle loader rifles and shotguns as “primitive weapons”. I’m sure they are not called that anywhere in the legal world.

  • @DanielLDavis-df3uy
    @DanielLDavis-df3uy 12 днів тому

    In Oklahoma, at this time a convicted felon cannot even own a pellet gun. So I'm pretty sure black powder 's out of the question.

  • @ronrobertson59
    @ronrobertson59 7 місяців тому +2

    Better check your state laws.

  • @growleym504
    @growleym504 28 днів тому

    Watch out for ATF. It would be a pretty simple and obvious thing for the current administration to dictate to ATF that they must change the definition of "readily converted" to include revolvers that can accept a conversion cylinder and then fire metallic cartridges. When considering guns, always assume the worst from the feds.

  • @johnbeck3270
    @johnbeck3270 3 місяці тому

    This is so confusing, this is where a good preemption law would really help. I drove professionally for several years, and the DOT regs preempted any state or local regulation. As long as my operation of the commercial vehicle was in compliance with FEDERAL REGULATIONS, Eden though I was in violation of a local regulation, I was in compliance with a higher authority and therefore “in compliance”. The same SHOULD apply to fire arms, it should be that simple. If you are in compliance with ATF, you should be in compliance with LOCAL REGULATIONS as well.

  • @jesseusgrantcanales
    @jesseusgrantcanales 7 місяців тому +2

    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 6 місяців тому +1

      Even guns firing fixed ammunition?

    • @jesseusgrantcanales
      @jesseusgrantcanales 6 місяців тому

      @@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.

  • @JollUsARoint
    @JollUsARoint 29 днів тому

    Sounds like a catch-22 to me,, this is a great video to share,, you might not be a lawyer but you explained that very well now I have to go find your video with that badass whip it looks amazing man and it's a replica wow💚👍🏼👍🏼👍🏼👍🏼

  • @atvheads
    @atvheads 4 місяці тому

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

  • @dougadams9419
    @dougadams9419 5 місяців тому

    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).

  • @stevelewis7263
    @stevelewis7263 7 місяців тому +1

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

  • @smartmeis
    @smartmeis 7 місяців тому +1

    its crazy how much the law has changed and restricted our freedom. i dont even feel free anymore, i have some problems cause of my childhood, nothing that actually restricts me in the state that i use firearms in, but i am restricted unless i file paperwork and pay a kickback in my home state of illinois, bunch of communists, anyways, i was going to say that back in the 19th century you used to get your firearms back after you served your time or whatever you had to do if convicted of a felony. It wasnt until recent times, say 1912, when the government got tired of being for the citizens and created the federal banking reserve so that they could borrow unlimited money without us citizens having a vote or say about it. before 1912 the government needed citizens to vote on what they spent the budget on, when they came up with their little scam, they had to find a way to reduce the amount of people that would fight back. what better way than to start restricting the people that fight for what they believe in by turning them into convicted felons and scaring anyone else who might want to voice their opinion. you see what police and courts are doing now, imagine how bad it was before cameras and social media.

  • @flmason
    @flmason 5 місяців тому

    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?

  • @neilhull1
    @neilhull1 7 місяців тому +5

    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 7 місяців тому +1

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

    • @neilhull1
      @neilhull1 7 місяців тому +1

      @@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 7 місяців тому

      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 7 місяців тому

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

    • @neilhull1
      @neilhull1 7 місяців тому

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

  • @secondhandlyon2603
    @secondhandlyon2603 4 місяці тому

    In the commonwealth of Kentucky convicted felons can't own black powder gun even though federal law does not make that restriction.

  • @blacksun3871
    @blacksun3871 3 дні тому

    If item is sold in your state & isnt FFL required for purchase , that should be fine ??? But… lol

  • @Allan_aka_RocKITEman
    @Allan_aka_RocKITEman 19 днів тому +1

    @GunsOfTheWest >>> Great video...👍

  • @regulatorscout6288
    @regulatorscout6288 7 місяців тому

    The Bar Association always has a loop hole written in so those who can afford the fight, can be acquitted.
    The Infringement Acts of 1934 and 1968 should never have happened.

  • @xTheDeadRabbitx
    @xTheDeadRabbitx 5 місяців тому

    Wait guys....John M Browning made his designs over 10 decades ago for any of his designs. would the 1911 count as an Antique?

  • @k1lluachan
    @k1lluachan 7 місяців тому +1

    wait doesn't federal law trumps state law ????

  • @Run12134
    @Run12134 5 місяців тому

    I live in Texas and I've met all the requirements to own a gun for home protection but if I do one of these guys that break into my house There's a 5050 chance I'm going federal. Now I would obviously stand before a jury of 12 because I'm just a normal working dude, but I'm an ex con So even though it's unconstitutional and my State says I can have one I don't have 1 because I don't wanna stand before a jury of 12

  • @guardianofgoblins682
    @guardianofgoblins682 7 місяців тому +1

    I know I've been guilty of mentioning felons being able to own cap and ball revolvers before and I've always said check your local listings because I live 5 mi from Arkansas at most and back when I was a felon living here in Louisiana I'm able to carry open everyday all day but if I step one toe in Arkansas I could easily be arrested now of course the Arkansas sheriff's have said before that that is so low on the list that unless I actually like a total donkey say wouldn't even bother trying to arrest me but it's interesting 5 mi north of me and suddenly I can get into trouble yet if I keep headed south I'm good to go it was kind of a wake-up call with why I've always said check your local listings I had a buddy who was arrested here in Louisiana for carrying cap and ball as they fell in is felony with check fraud and it was cleared up within 20 minutes but he still had to wait almost a week to get his gun back
    I am no longer a felon but because I went for a reduction of a felony instead of a full-on expungement I still get classified as a restricted person but of course my crime is 15 years old and I've only been in trouble the one time so it's mildly annoying really I think the second amendment states it plainly because back in the day when these guns were made if you are arrested with one of these guns and you served your time you were headed your gun back along with the horse and a new suit when you got out so you can go back into society and attempt to be productive

  • @Matthew2077
    @Matthew2077 2 місяці тому

    These laws are so confusing. It's wrong that I'm banned from owning a gun. I miss recreational shooting. All because I lied about my income on a credit application 7 years ago. Prior to that I had 4 guns and a cpl. No other criminal history. This is not right. I would be happy with the black powder gun but I dont even know if I can get that.

  • @mikeiswi4872
    @mikeiswi4872 4 місяці тому

    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!!!!!....

  • @acratone8300
    @acratone8300 7 місяців тому +6

    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.

  • @ChetJang
    @ChetJang 7 місяців тому

    These are obviously firearms, just not cartridge-loaded- not a controlled firearm by the ATF.

  • @ryandieter9111
    @ryandieter9111 2 місяці тому

    The state of Utah says a prohibited person may possess any antique as long as it don't take modern or easily obtained rim or center-fire ammunition but may take black powder cartridges. I'm just a collector and new to guns of the West and would like to find a repeating rifle that takes black powder cartridges. Any suggestions from a expert would be helpful.

  • @6Sally5
    @6Sally5 7 місяців тому

    In Kommiefornia, just displaying your thumb and index finger in the “gun” configuration, will get you in plenty of trouble. 😡

  • @joshualandry3160
    @joshualandry3160 2 місяці тому

    I'll be honest, I'm kind of curious how these laws interact from purely an academic point of view. For example, it is illegal federally to carry a firearm in a post office. Does that imply that one can walk into a post office open carrying a big iron and be legally clear? Or could one perhaps conceal carry one without a permit? etc. Personally I think this would be very interesting to get some legal experts to answer. Of course, regardless of the answer I don't expect law enforcement to treat a cap and ball any different than a Glock so the answer is academic at best.

  • @chrisgleason1196
    @chrisgleason1196 Місяць тому

    Laws and their wording are specifically intended to entrap and confuse. We have lost our way a long time ago. Follow your conscience and just don't be an Ahole.

  • @44Special
    @44Special 7 місяців тому

    Intended for sporting, recreational, or cultural purposes. It doesn't say "self defense". Is that a catch?
    Conversion. It doesn't say "cylinder". Coud that be argued against you as semantics?
    It seems interpretation that deviates from a literal meaning is only allowed by the government when they want to ruin your day.

  • @James-dq3jo
    @James-dq3jo 5 місяців тому

    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.

  • @manyrounds5468
    @manyrounds5468 7 місяців тому

    Looking down the barrel of a 45 caliber Glock, or a 44 caliber Walker produces the same result in the heart of an evil doer, of that there is no debate.

  • @TomWilson-g3e
    @TomWilson-g3e 3 місяці тому

    I'm a felon in fl but I can own anything made 1930 or before or reproductions. And they can't be converted to cartridge

  • @aaronevans5209
    @aaronevans5209 5 днів тому

    Here in the state of Hawaii you can’t even buy a black powder gun without a gun permit! It takes months to go through the process but once you get the permit you are good to go!

  • @mtnmikewalters7185
    @mtnmikewalters7185 7 місяців тому

    Modern guns do not qualify smokeless powder is not a expensive it is a propellant just like a rocket only black powder is a expensive

  • @lookarabbit2888
    @lookarabbit2888 7 місяців тому

    Perhaps it's best to not raise concern, where none is needed. This line of thinking ends with people filling out 4473s to have a tube and some powder next to each other... So maybe shut up, and not draw attention towards more freedom they can try to take away.

  • @gregoryschmitz2131
    @gregoryschmitz2131 7 місяців тому

    It should be noted that "It Can be converted" to a cartridge gun clause. There are replacement cylinders for a number of the repro black powder pistols. Do you want to be that guy who runs the blazing trail back into prison?

  • @dangeary2134
    @dangeary2134 7 місяців тому

    Makes it easy to refuse to assist any Sheriff or Police officer in a time if need because the law say a few other things about those people as well.
    So, if a cop of any sort needs assistance, the law actually prevents you from doing so.
    Never help a cop, because you MIGHT fall into one of these categories.
    They are on their own.

  • @vitusmutsenek8082
    @vitusmutsenek8082 7 місяців тому

    That one was particularly interesting. Here's another: what's a replica? In some countries to possess a replica you'll need a permit.

  • @douglasmaccullagh7865
    @douglasmaccullagh7865 6 місяців тому

    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.

  • @nextgengreymanofficial458
    @nextgengreymanofficial458 3 місяці тому

    I’m depressed now I can only have one. They change the laws where I am long guns and shotguns now have to have a permit just like a handgun and the stupid black powder guns gotta have a permit too even the handguns, but doesn’t there’s court battle going on because supposedly it’s illegal and it’s against the constitution

  • @runpuppyfpv5744
    @runpuppyfpv5744 2 місяці тому

    Im a felon i got caught with a pot pipe when i was 18 now im 44 and i live in a city full of fintinall smokers so im getting one anyway

  • @rktman1965
    @rktman1965 4 місяці тому +1

    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?

    • @Matthew2077
      @Matthew2077 2 місяці тому +1

      yeah its wrong. I work a legal job and own a house. My conviction for lying about my income was 7 years ago. I have not been able to get a pardon. I am not on paper, parole, or probation. I'm a free man on no court supervision but still banned. Why is it like this?

    • @rktman1965
      @rktman1965 2 місяці тому

      @@Matthew2077 Big gov likes to take rights away but don"t ever give them back.

  • @matthewmorel3758
    @matthewmorel3758 7 місяців тому

    I can’t wait for the next 200 years when ar15s are considered antiques so you can get them shipped to your door 😂

  • @adcaptandumvulgus4252
    @adcaptandumvulgus4252 Місяць тому

    So the easy way to disarm anyone is make any felony charge stick, if over a years time potentially, yes? Most don't have the means to contest it, but even those that do may be made an example of easily enough, yeah?

  • @snappers_antique_firearms
    @snappers_antique_firearms 7 місяців тому +3

    Great video dustin

  • @billcrutchfield3864
    @billcrutchfield3864 7 місяців тому +2

    Where to find caps