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Is permit required for black powder pistol?


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If you want to open a can of worms, there are any number of municipalities around the state which still have the ordinance that all handgun carry is illegal EXCEPT for "an Army or Navy pistol, carried in the hand".

Knoxville, for example. Since these date from well before the 1986 cutoff point, they are legally binding under TCA.

'Course, it's a can of worms you probably don't want to open.

- OS

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I'm sorry if this topic has already been discussed on this forum -- I did a search and nothing came up.

I have a family member that used to live in a western state where black powder pistols were exempt from the requirement to have a permit. He knows I'm online a good bit, and asked me to check and see what the Tennessee law is. But when I read up on the firearm laws in Tennessee, I could not find anything about black powder.

I have to say, none of you have been particularly helpful to this point....

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I'm sorry if this topic has already been discussed on this forum -- I did a search and nothing came up.

I have a family member that used to live in a western state where black powder pistols were exempt from the requirement to have a permit. He knows I'm online a good bit, and asked me to check and see what the Tennessee law is. But when I read up on the firearm laws in Tennessee, I could not find anything about black powder.

I have to say, none of you have been particularly helpful to this point....

I have to say, the first succinct response from Jonnin gave you all the answer necessary, assuming you mean loaded pistol.

- OS

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I'm sorry if this topic has already been discussed on this forum -- I did a search and nothing came up.

I have a family member that used to live in a western state where black powder pistols were exempt from the requirement to have a permit. He knows I'm online a good bit, and asked me to check and see what the Tennessee law is. But when I read up on the firearm laws in Tennessee, I could not find anything about black powder.

I have to say, none of you have been particularly helpful to this point....

Hey, no offense meant. I was just thinking about our buddy kwik and his escapade.

Like OhShoot said, Jonnin laid it out there.

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Guest Guy N. Cognito

I have to say, none of you have been particularly helpful to this point....

How do you figure? You got an answer to your question in the second post, and a follow-up with some unusual exemptions in the 4th. What else could you possibly need?

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Let's just keep it simple. YES, you need a permit to carry a black powder pistol. See how easy that is.

Disregard any arcane laws that are on the books.

OP, sorry if you feel no one is being helpful but Tennessee has a particularly troublesome, self-serving, pain in the ass who likes to push the evelope regarding the various state and local ordinances concerning the legel possession of loaded firearms. Few, if any, on this forum support his foolishness as it only makes life harder for the rest of us.

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I thought this question was interesting because I always tell my convicted felons that they can own a cap and ball pistol for home defense, so I asked a group of police officers from the Sumner County SSD, Hendersonville and Portland in General Sessions whether they would arrest someone who they found carrying a black powder pistol for carrying for the purpose of going armed. The consensus was that since anyone can buy them without restriction they would probably not arrest them if they didn't have a carry permit. I would still give the same advice I do to clients about baseball bats, etc., as to not tell the police you are carry them for personal protection, but were going to the range or some such.

This isn't a scientific poll but I was curious how our local police viewed black powder weapons. Caution, however, dictates not carrying any handgun without a permit.

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I thought this question was interesting because I always tell my convicted felons that they can own a cap and ball pistol for home defense, so I asked a group of police officers from the Sumner County SSD, Hendersonville and Portland in General Sessions whether they would arrest someone who they found carrying a black powder pistol for carrying for the purpose of going armed. The consensus was that since anyone can buy them without restriction they would probably not arrest them if they didn't have a carry permit. I would still give the same advice I do to clients about baseball bats, etc., as to not tell the police you are carry them for personal protection, but were going to the range or some such.

This isn't a scientific poll but I was curious how our local police viewed black powder weapons. Caution, however, dictates not carrying any handgun without a permit.

Yes, felons can own black powder weapons, by federal law.

TCA however, makes no mention of an exemption for carrying them, and certainly they fit the description of rifles and handguns in TCA.

I'm all for cops NOT arresting folks for firearms offenses every chance they get, but considering the lunatic Kel-Tec .226 pistol prosecution and this issue, Sumner County seems to be in some sort of illogical firearm law vortex.

- OS

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The ATF does not consider black powder firearms as "weapons" in the traditional sense. That's why there's no background checks or $10 fee when purchasing black powder revolvers or rifles. If you're 18, you can even purchase black powder revolvers through the mail. I'm not completely sure about the carry law, but every police officer I've spoken with said I could legally carry without a permit, but that it wasn't a good idea. Some said carry was ok, but without the firing caps. There's a little gray area here. It's probably better to be safe than sorry and just go get a carry permit.

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The ATF does not consider black powder firearms as "weapons" in the traditional sense. That's why there's no background checks or $10 fee when purchasing black powder revolvers or rifles. If you're 18, you can even purchase black powder revolvers through the mail. I'm not completely sure about the carry law, but every police officer I've spoken with said I could legally carry without a permit, but that it wasn't a good idea. Some said carry was ok, but without the firing caps. There's a little gray area here. It's probably better to be safe than sorry and just go get a carry permit.

In the muzzle loading hunter's info online for the state of TN, a black powder weapon is considered UNLOADED if there is no cap installed due to the difficult nature of removing a ball and powder from these guns to fully unload them, and the inability to fire them without a cap installed. So, you probably CAN carry them with no caps, be considered UNLOADED, and avoid any major problems. The gun, carried in this manner, will NOT help you one bit when you get jumped by an armed criminal, however. This is my useless interpetation of the law, do this at your own risk or research it yourself.

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In the muzzle loading hunter's info online for the state of TN, a black powder weapon is considered UNLOADED if there is no cap installed ...

Why would anyone carry an unloaded gun?

If there's a free pass in Sumner County to carry loaded black powder weapons without a HCP, then that can only mean they don't consider them firearms. In which case you could open carry a loaded pistol OR rifle, get drunk while carrying it, carry past any posted establishment, carry right into schools, posted parks, etc, all without legal penalty.

I like it! I may have to move over there. That sounds like a real man's county and I'm tired of being hassled here.

cranky_me.jpgCrankyMe.jpg

- OS

Edited by OhShoot
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Guest Aces&8s
My experience is that just because a police officer tells you something does not make it correct.

Indeed!

And as far as carrying a C&B without caps, if it is a Walker, I guess you could use it to knock someone over the head with.

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seems kind of foolish to even mess with carrying without a permit. if you are legally allowed to own a modern day firearm get the permit and carry. If you are prohibited from owning a conventional modern firearm is it worth the risk to be arrested for carrying a cap and ball pistol?

If a cap and ball gun is your only option for home defense then it is a good idea to have one for that purpose. They are very reliable and quite deadly when properly used.

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