Interesting Theoretical Question

[KP Shooter]

So a friend and I were talking about open carry and conceal carry and an intereseting point was brough up. If you carried a flintlock pistol, say something from the mid 1800's, would it be considered a violation of the law. It is my understanding is that if a firearm is that old, it is not really deemed a firearm anymore, but more of an antique (firearm)?

Thoughts on the topic?

I hope this wasn't asked before. I was not really sure how to search for something like this.

 

[trickg]

No - it would be considered an assault-flintlock, and only the military and police should have assault-flintlocks.

 

[Docster]

It was a 'weapon of war' in the past and no has use in the hands of civilians....

Not sure but I think Maryland would still consider it a weapon/gun for the purpose of carry/use. The only difference age would make is if it's old enough to be considered antique, no FFL would be required to purchase. But I could be wrong.....

 

[Threeband]

This was argued to death a few years ago.

A former member, long since banned, used to claim he could carry his pre-1899 revolvers.
Somewhere on my other computer I have bookmarked a long thread in which a real lawyer just took him apart.

Hint: it may not be a "firearm", but it is a weapon. They will crush you: lock you down and crush you.

 

[Machodoc]

Hint: it may not be a "firearm", but it is a weapon. They will crush you: lock you down and crush you.

^^^^ this

 

[Boom Boom]

Maryland Code
CRIMINAL LAW
TITLE 4 - WEAPON CRIMES
Subtitle 1 - General Provisions
Section 4-101 - Dangerous weapons.

...
(ii) "Weapon" does not include:
1. a handgun;

...
(c) Prohibited.-
(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

...
(d) Penalties.-
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

If your defense in court is that a pre-1899 pistol is not a "handgun" or "firearm", then you screw yourself under the above law. You'll probably do prison time so that the legal system can make a very public example out of you. You'll also be permanently disqualified from owning firearms.

 

[-Z/28-]

Legality aside, why on earth would you want to carry a flintlock pistol? You're more likely to blow your leg off with the thing than ever use it to defend yourself.

 

[iobidder]

No - it would be considered an assault-flintlock, and only the military and police should have assault-flintlocks.

We just traded ours in for sling shots

Legality aside, why on earth would you want to carry a flintlock pistol? You're more likely to blow your leg off with the thing than ever use it to defend yourself.

Bacause there is almost nothing else to argue about

 

[Lawman1800]

You'd get locked up.

 

[justjcarr]

You'd get flint-locked up.

FTFY