Can I Carry a Black Powder Revolver?

Apologize for the lack of documentation. I’m on the road and don’t have time to cite everything.

It is illegal in Massachusetts to carry a loaded black powder handgun without an LTC.

Several years ago a case came before a Massachusetts judge and it was ruled so.

Legislation from the bench. Not disputing what you're saying, just complaining that it is not proper for judges to make stuff up out of thin air.

Not unlike Maura's Law on AR's.
 
Legislation from the bench. Not disputing what you're saying, just complaining that it is not proper for judges to make stuff up out of thin air.

Not unlike Maura's Law on AR's.

You are very correct. A question like this should be solved by simply looking at the law that was written and passed by the legislature. Unfortunately, that is not the context we have in Massachusetts.
 
Apologize for the lack of documentation. I’m on the road and don’t have time to cite everything.

It is illegal in Massachusetts to carry a loaded black powder handgun without an LTC.

Several years ago a case came before a Massachusetts judge and it was ruled so.

Not to be a PITA (OK, no more that usual for me in this context), but Cite, please.

Understand that you were on the road, but when you get to a real computer, please post it.

If you're referring to Commonwealth v. Bibby, that was at least partially overturned in Commonwealth v. Jefferson: Commonwealth v. Jefferson

It's a muddle.
 
Not to be a PITA (OK, no more that usual for me in this context), but Cite, please.

Understand that you were on the road, but when you get to a real computer, please post it.

If you're referring to Commonwealth v. Bibby, that was at least partially overturned in Commonwealth v. Jefferson: Commonwealth v. Jefferson

It's a muddle.

Two points I take away from Jefferson:

1. The BP/antique may not require a LTC, but possession of ammunition or components requires an FID.

2. If you are charged with a carry violation, you'd better hire a lawyer who knows his/her way in this thicket of law or you will be SOL:

In the future, where a defendant charged with the unlawful carrying of a firearm in violation of § 10 (a ) possesses evidence that the firearm was manufactured before 1900, the defendant shall provide the Commonwealth with pretrial notice of the affirmative defense of exemption as required by rule 14(b)(3). [FN10] See Commonwealth v. Anderson, 445 Mass. 195, 214 (2005) (statutory exemption "is an affirmative defense"); Commonwealth v. Jones, 372 Mass. 403, 407 (1977) (treating firearm licensing exclusion as affirmative defense). See also Commonwealth v. Cabral, 443 Mass. 171, 178- 179 (2005), quoting Model Penal Code § 1.12(3)(c) (1985) ("affirmative defense [is] one that 'involves a matter of ... justification peculiarly within the knowledge of the defendant on which he can fairly be required to adduce supporting evidence' "). Once a defendant gives proper notice to the Commonwealth, the defendant bears the burden of producing evidence of the affirmative defense that the firearm was manufactured before 1900. If such evidence is presented, the burden rests on the prosecution to prove beyond a reasonable doubt that the firearm was manufactured after 1899. See Commonwealth v. Eberhart, ante, (2012) (once defendant raises affirmative defense and produces evidence that he had valid license to carry, Commonwealth bears burden of proving he had no valid license); Commonwealth v. Powell, 459 Mass. 572, 582 (2011); Commonwealth v. Colon, 449 Mass. 207, 226, cert. denied, 552 U.S. 1079 (2007).
 
Dress like this and open carry a Brown Bess. If anybody asks, say you work at the Boston tea party museum and you are on your way to/from work.
 

Attachments

  • MU2O3AWJS4I6RHP43HWZT7FW24.jpg
    MU2O3AWJS4I6RHP43HWZT7FW24.jpg
    125 KB · Views: 22
Get yourself some OC spray. You have no idea the legal quagmire you would wind up in if you were caught carrying a black powder handgun.
 
Get yourself some OC spray. You have no idea the legal quagmire you would wind up in if you were caught carrying a black powder handgun.

Really. Even if you ultimately win, how long will it take, and how many dollars and how much worry and aggravation do you really want to deal with?

And what are you going to carry, realistically, if you need to carry concealed? The NAA black powder revolvers are more of a threat thrown at a deadly force threat than fired. The replica Colt "pocket" BP revolvers are on the big side for concealed carry, and you're going to have a hard time finding a suitable holster that lets you present the weapon sooner than half way to tomorrow, much less one that works concealed as we think about that these days.
 
Not 21 yet, only have my FID. I carry a shotgun in the trunk, but obviously can't do very much with that in an emergency.

Remove the shotgun from your trunk. That is increasing your risk, not reducing it. You’ve said that you work in a bad neighborhood. Your car has a chance of getting broken into and your shotgun stolen. If that happens, there is a very good chance that in the future a police Chief will decide that you are unsuitable and deny you an LTC (or give you a restricted LTC).

If you can get to your car, open the trunk, and load your shotgun, then you have time to drive away or run away. The chance of you being in a situation in MA where you could access and legally use a trunk gun is slim to none — you are far more likely to put yourself in legal jeopardy.
 
If you can get to your car, open the trunk, and load your shotgun, then you have time to drive away or run away. The chance of you being in a situation in MA where you could access and legally use a trunk gun is slim to none — you are far more likely to put yourself in legal jeopardy.
This.
Always remember that in MA you have a duty to flee. If, without increasing risk to yourself, you can walk, run or drive away, then you have to. The only exception is within the 4 walls of your residence, and in MA even that is debatable.
 
Not to be a PITA (OK, no more that usual for me in this context), but Cite, please.

Understand that you were on the road, but when you get to a real computer, please post it.

If you're referring to Commonwealth v. Bibby, that was at least partially overturned in Commonwealth v. Jefferson: Commonwealth v. Jefferson

It's a muddle.

I was referring to the Commonwealth v. Bibby case from 2002. I did not realize the case was overturned in 2012. Amazing that such a ridiculous verdict stood for 10 years. Thanks for the correction.
 
attachment.php
Me shooting the American Gun Craft Diablo 12 gauge black powder pistol. It uses 209 shotgun primers and loads like any blackpowder shotgun
 
I just got one of these the other day. I thought I would give everyone an update on what's going on. The quality of the product is awesome and the wait was well worth it. I should be able to post up some videos next week of me shooting it but Until then I posted up an unboxing video.


View: https://youtu.be/AUWZQd4MHFU
 
Last edited:
Such a stoopid law. No such restriction just a little bit north. My son ( Now over21) as well as several of his friends have been carrying since their teens. It all depends on the concept of both parental & personal responsibility as well as maturity. I gave him his first pistol when he got his drivers license at 16 1/2, he's had his own rifles since he was 10.

--------------------edit to add: for the curious; first rifle was Henry golden boy, engraved "For achievements in academics and Scouting" , first pistol was S&W 1911 govt in .45acp
I am available for adoption...
 
Back
Top Bottom