Is an old black powder gun considered a weapon if it is not loaded or even have any powder for it?

I had a very old hand gun in my car with the but showing on hte floor of my car I had it appraised and got stopped by police and they aressed me for a concealed weaponIs an old black powder gun considered a weapon if it is not loaded or even have any powder for it?
Yes it is still a weapon that is why we have the terms loaded weapon and unloaded weapon.





There are laws concerning transporting weapons for each state. Like in illinios you have to 1st have a FOID license to carry the weapon in the 1st place and then when transporting the weapon the weapon must be out of normal reach of the person transporting it (ie locked in the trunk) and the amounition must be transported in a seperate place like in the glove box.





you need to check your local laws to see if you violated them. If you didnt then you have a case. even if you did you might be able to get it thrown out becuase of the age of the gun.





I would hire a lawyer for this one becuase a ding on your record like this could keep you from owning a gun of any kind in the future. Better to spend the money getting it thrown out than to lose your right to bear arms





ADDITION: the person who said that if the weapon is incapible of firing it is still a weapon while somewhat right is not legally right. They sell memorabilia 45 cal marine corps pistols that have fancy engraving and stuff on them. They can sell them to people without licenses to own weapons becuase they remove the fire pins and block the chamber by welding them shut it makes them no longer a weapon in the eyes of the law. But if it can be somehow fired it is still a weapon even without ammo presentIs an old black powder gun considered a weapon if it is not loaded or even have any powder for it?
A gun - any kind of gun. Is considered a WEAPON - always, under any condition, under any circumstance. This includes whether it is loaded or capable of being fired, even if it is on display in your house.





Learning this is the first step in being a responsible gun owner.
well if it can fire a projectile its considered a gun thus considered a concealed handgun
umm yes I belive it is not matter what it is a knife can be called that. you should never have a gun in your car without a permit. but if it is like areound here nothing really happens just a slap on the wrists
Any weapon should be carried in the trunk with the bolt out or open where it can not be readily accessible. If carried in the cars passenger compartment then the weapon must not be loaded and be in plain sight. Being on the floor would insinuate that it came out from under the seat.
If it's that old and doesn't actually have any fire power, you could register it as an antique.
a gun is a weapon if it can properly discharge a round of ammunition or if at one time it was able to do so (even if ammunition hasn't been made for it in 100 years an will never again be made and there is no ammo on earth available for it to shoot) - it is still a weapon.





its still a weapon even if the cylinder and workings are missing and it was dug up after 100 year engulf in rust, even is there's nothing left but a handle - its still a weapon.
Yes a gun is still a gun--should have put it in the trunk or called the appraisor to come to you. The police will not know if you just show it to scare people into thinking it is loaded and ready to go. That was a bad decision that a real lawyer can help you with.
It can harm someone and it is a firearm. I would think a good attorney could get you off. Next time secure it in the trunk.
Any item can be considered a weapon. It would be easily shown to a Court the nature of the ';antique'; inoperable powder gun if it is true.


If you were arrested for carrying a weapon and it was what you indicate, all you have to do is inform the Court about what the ';weapon'; you were charged with really was and was not, in the form of a Motion. I can't say which Motion because I don't know the details, but generally you need to file a Motion in order to get the Court to listen to your side of the ';facts';. Otherwise, you won't necessarily be listened to.
What happened to you sux!


But, yes, all guns are considered 'weapons' by the police.


When you go to court, be sure to take the receipt from the appraiser and hopefully, it was dated.


You will probably just get a fine for that.


And I'll bet your gun is worth quite a bit of money because it's so old.


Good luck!
Of course a gun is a weapon, loaded or not!





Is an M-16 a weapon if you don't have a magazine for it?
a gun is a gun is a gun is a gun.





you need some kind of certificate citing it as an antique if you are going to carry it around in public.





and, uh, a little tip: if you get pulled over by police, it is best to hide any weapons (duh). I've had cops hassle me about utility %26amp; pocket knives.
point it at a cop when he pulls youn over, see what he does
You had taken an old gun in and had it appraised. You were transporting it in your car and were stopped by the police, who saw the gun, and arrested you for carrying a concealed weapon. That's your story??





O.K., yes, the black powder handgun is a weapon. The officer, or anyone else for that matter, does not know if the gun is loaded or not. Apparently, the law in your State makes it illegal for you to possess the gun without a license or permit.





What kind of defense can you mount? Bring in the Appraiser, explain why you had the old gun, and certainly explain that you don't even possess the necessary items to fire it. Hopefully, the prosecutor or judge will be reasonable and dismiss the charge. You may lose the gun.





In some States, carrying a concealed weapon without a license, is a felony crime, in others just a misdemeanor. Better find out which you are charged with. Talk to an attorney, this is a serious charge with stiff consequences.





Read your additional comment. . .





1847. . ., Gawd, you don't have a Walker Colt do you??!!
yes. it is still considered a weapon. next time, put in a box in your trunk and i don't think you will have any problems if you get stopped.
YES!!! IT CONSIDERED AN UNLOADED WEAPON
As long as you don't aim it. Actually, I'm not so sure.
yes...its still a weapon even if its not loaded...just not a deadly one..unless u plan on bashing it over someone's head...