united-states is-x-legal air-travel
Can you legally have an (unloaded) black powder revolver in your carry-on luggage?
<p><em>Part I of &quot;Annoying the TSA&quot;</em></p>
<p>For good reason, U.S. law forbids people from carrying firearms on planes. However, last I checked, black powder &quot;antique weapons&quot; (such as cap-and-ball revolvers) aren't considered firearms.</p>
<p>With that in mind, would it be legal to carry an unloaded (since you aren't allowed to have black powder or primers) cap-and-ball revolver on a plane?</p>
<p><sup>Note: I'm not asking for legal advice, nor do I plan to actually do so if it's legal; this is just a random &quot;what-if&quot; thought that's been bugging me for the last few months.</sup></p>

<p>The relevant regulations in <a href="https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1540" rel="noreferrer">49 CFR 1540</a> refer to weapons, not firearms, and unless you are specifically permitted, you cannot carry a weapon in your carry-on luggage. The interpretation of &quot;weapon&quot; is given <a href="https://www.govinfo.gov/content/pkg/FR-2003-02-14/pdf/03-3736.pdf" rel="noreferrer">here</a>, which says</p>
<blockquote>
<p>Weapons are objects that may be used to attack another. TSA considers
an item to be a weapon under 49 CFR 1540.111 if it is created for use
as a weapon or is so similar to an item created as a weapon that it
appears to be, or is easily used as, a weapon.</p>
<p>Weapons include
firearms, as well as realistic replicas of firearms that may
reasonably be thought to be actual weapons. Such realistic replicas
are prohibited because their similarity in appearance to real weapons
may allow them to be used to intimidate passengers and flight crew.
The screener has the discretion to determine when a replica is so
realistic that it should be prohibited. Other toy weapons will be
allowed in the sterile areas and cabin.</p>
<p>Partial weapons and parts of weapons also are prohibited because they
may be carried separately by collaborators for assembly subsequent to
entry or boarding. In addition, partial weapons may appear to be
operative and could be used to intimidate passengers and flight crew.</p>
</blockquote>

<h2>TSA considers Antique Firearms the same as <a href="https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1540" rel="noreferrer">any other Weapon</a>, even unloaded ones.</h2>
<blockquote>
<p>CFR 49 § 1540.111 Carriage of weapons, explosives, and incendiaries by individuals.</p>
<p>(a) On an individual's person or accessible property—prohibitions.  Except as provided in paragraph (b) of this section, <strong>an individual may not have a weapon</strong>, explosive, or incendiary, on or about the individual's person or accessible property—</p>
<p>(2) When the individua<strong>l is entering or in a sterile area</strong>; or</p>
<p>(3) When the individual is attempting to board or onboard an aircraft for which screening is conducted under §§ 1544.201, 1546.201, or 1562.23 of this chapter.</p>
</blockquote>
<p>Firearms in the relevant law only appear for law enforcement during duties (§ 1540.111 (b)) and the transport in checked luggage. (§ 1540.111 (c)). The Sterile area is past the TSA checkpoint.</p>
<p><a href="https://www.tsa.gov/news/press/releases/2021/08/23/hawaii-man-stopped-after-tsa-catches-him-antique-gun-newark-liberty" rel="noreferrer">In 2021, TSA stopped a person in Newark for trying to fly with an unloaded antique revolver.</a> They could not fly with the gun in their carry-on bag, he was allowed to deposit the gun somewhere off premises, but it is not known if they returned in time to catch their flight.</p>

<p>Black powder guns are considered firearms, they are just treated differently than modern cartridge fed weapons under the sub-set &quot;antique firearms&quot;.  This category changes how the ATF regulates them, specifically with regard to dealer licensing requirements, shipping, logging sales, performing background checks, etc.</p>
<p>However, the TSA is not part of the ATF, and considering the extensive list of things banned from the passenger cabin of airliners, (<a href="https://www.tsa.gov/travel/security-screening/whatcanibring/firearms" rel="nofollow noreferrer">including BB guns, which are not firearms</a>) it would be illogical to presume that antique status of a weapon might make it acceptable to carry one onto an airplane.</p>
