Is permit required for black powder pistol?

[Jonnin]

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.

- OS

Well, you carry an unloaded gun to transport it which is a different set of legal rules (in TN): anyone may transport an unloaded firearm (well if they are legal to own it) but only permit carriers may carry one loaded. Read the rest of the post, I clearly said that it was pointless to do so for self defense purposes. The only reason to do this is if you have no permit and bought the gun to defend your home, hunt, target practice, or something. BP or modern, if you do that you may take it too and from the range, the store where you bought it, etc. without penalty by having it unloaded.

[MikePapa1]

OH, is that you in the photo? If so, you may be violating TCA § 39-17-1321.

[Oh Shoot]

OH, is that you in the photo? If so, you may be violating TCA § 39-17-1321.

I was on my way to court, appearing pro se of course. ;)

- OS

[MikePapa1]

To Court? Boy, then there'd be a violation of TCA § 39-17-1306.

[Oh Shoot]

To Court? Boy, then there'd be a violation of TCA § 39-17-1306.

You see why I need a more understanding county like Sumner where I wouldn't be in court in the first place!

- OS

[dlm37015]

G. Gordan Liddy carries a Ruger Old Army and a NAA muzzleloader last time I heard he was a convetied felon

[Oh Shoot]

G. Gordan Liddy carries a Ruger Old Army and a NAA muzzleloader last time I heard he was a convetied felon

Carries? In MD?

- OS

[dlm37015]

well i saw him in sturgis sd also at bill heard chevy in nashville carring both times

[Oh Shoot]

well i saw him in sturgis sd also at bill heard chevy in nashville carring both times

Well, there's proof. Of something. Maybe.

- OS

[mr.ak47]

A question was brought up I do believe by Our Future President hopefully Ohshoot, and he said " why would you carry an unloaded gun" and I should bring up this most uberti bp pistol rock a hefty 6-10inch plus barrel length and if that can't keep someone away from you nothing can haha well maybe me as a bodyguard,or chuck norris, or a mini gun but other then that ...... maybe a lion... o hell with it get a real gun lol

[Mason]

I do not have a clue.

I looked up your question a few years back with no good answer. I wanted to carry but legally couldn't due to my age. I bought a flare gun and kept it under my truck seat untill I turned 21.

[Oh Shoot]

I'd postulate two things:

- 90% of the cops in TN who found you carrying a loaded black powder pistol without a permit would arrest you

- All of the courts in TN would convict you (not counting copping a lesser plea, pre-trial diversion, whatever)

Why? Because there's simply no exception in TN law for carrying a black powder firearm.

Indeed, it seems to me that a felon could be charged under TN law for mere possession of a black powder firearm, same as any other firearm, as the statute simply says "possesses a firearm, as defined in § 39-11-106" and 106 makes no mention of black powder either.

Matter of fact, the federal statute about felons and guns does not say that black powder firearms are NOT firearms, just that there is an exemption for ownership of them. But many state laws are indeed more stringent than federal ones, and of course have so far found to be binding.

- OS

[Just2Honor]

Sorry, but what part of handgun carry permit is confusing?

[Guest conditionZERO]

I would like to reference this page, it may be of some help.

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[Oh Shoot]

I would like to reference this page, it may be of some help.

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Hey, thanks for playing, 10 months later and all .

For all of you who can't or don't want to log in through link to see it, that's the TN AG's opinion that a felon may possess a black powder gun in TN.

However, doesn't mean he can carry it (loaded) without a permit, which is really what thread is (was) about. And of course, a felon can' get a permit.

Welcome to TGO.

- OS

[Guest conditionZERO]

Hi, and thanks for the welcome!! I posted this because there were a lot of people on this thread stating that a felon could not even possess this type of weapon. It is true that some states do not allow felons to possess them, but TN is not one of them. Just today I asked a local deputy about open and conceal carry of a BP pistol and he honestly didnt know, but he did say that if he came across such an incident he would detain the person until solid clarification was established. I am aware that a convicted felon can not get a CCW permit, but the question still remains if BP weapons fall in the required bracket for a CCW permit. As it seems tho, there is nothing, that i can find thus far, that says a convicted felon (who can lawfully possess a BP firearm) cannot open carry a BP pistol legally. Tennessee law has a clear cut definition and separation of BP firearms (antique) and fixed cartridge firearms, therefor if they have outlined this on the AG's decision then all the laws pertaining to the TN CCW permit exclude BP firearms. This is my interpretation of it anyways.

[Murgatroy]

As it seems tho, there is nothing, that i can find thus far, that says a convicted felon (who can lawfully possess a BP firearm) cannot open carry a BP pistol legally.

It is illegal to open carry or conceal carry in Tennessee, without a permit. A felon can't get a permit.

It is really that simple.

Unless you find a law or opinion in Tennessee that states a black powder firearm is NOT a firearm, a felon can not carry one.

[Oh Shoot]

...As it seems tho, there is nothing, that i can find thus far, that says a convicted felon (who can lawfully possess a BP firearm) cannot open carry a BP pistol legally.

Well, certainly an interesting point, and if that were to be found legal:

1. wouldn't matter if the felon carried it openly OR concealed.

2. ANYone could carry one openly or concealed without an HCP

However, TCA does define "handgun" (which is the only thing you can carry loaded, and with an HCP) as:

""Handgun" means any firearm with a barrel length of less than twelve inches (12'') that is designed, made or adapted to be fired with one (1) hand"

So, my conclusion is that:

1. The AG's opinion is just that, an opinion

2. It may well be found that in TN a felon may own antique and/or black powder weapons

3. For purposes of carry, the definition above would be the litmus test, and antique and/or black powder handguns fall under its definition. And to carry a loaded "handgun" requires HCP.

Or a felon could always emulate our infamous Voldemort and re-test the antiquated Jim Crow law any number of municipalities still have on the books (including Knoxville), that all carry is illegal "except for an Army or Navy revolver carried in the hand".

- OS

[Oh Shoot]

...

Unless you find a law or opinion in Tennessee that states a black powder firearm is NOT a firearm, a felon can not carry one.

He just pointed to AG opinion that indeed, it is NOT a firearm (at least for purposes of ownership. As per federal law cited by the AG.

However, see my other response above.

- OS