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Thread: did we just lose one form of open carry for all in trade on open carry for few?

  1. #1
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    did we just lose one form of open carry for all in trade on open carry for few?

    now here is an even worse kick in the teeth to liberty I believe that hb910 says handgun not firearm , altho a black powder pre 1899 or replica of is not considered a firearm according to chapter 46 tx firearms law. it is still a handgun. at this time one can legally open carry those but with hb910 you will have to have a license to open carry one due to the handgun status, did we just lose some of our freedom in that area? if so then I hope to see much more rifles and shotguns being carried. now this is just my thoughts but i think it is something to mull over.....i ask a favor of all those that are going to open carry and get stopped for license check, please carry a copy of the 2nd and 4th u.s. constitution amendments and hand it to the officer then ask him if those permits the ones they swore an oath to was good enough. and if he says no then (as you hand him your chl) say well since your word is no good here's the rental agreement of our rights that you ask for
    Our ancesters, veterens, and people of the service gave and are giving their time and sacrifice to preserve and defend our rights . it''s up to us the people to show appreciation by not sacrificing but investing time to exercise and preserve those rights.......the bushwacker...

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    Quote Originally Posted by bushwacker View Post
    now here is an even worse kick in the teeth to liberty I believe that hb910 says handgun not firearm , altho a black powder pre 1899 or replica of is not considered a firearm according to chapter 46 tx firearms law. it is still a handgun. at this time one can legally open carry those but with hb910 you will have to have a license to open carry one due to the handgun status, did we just lose some of our freedom in that area? if so then I hope to see much more rifles and shotguns being carried. now this is just my thoughts but i think it is something to mull over.....i ask a favor of all those that are going to open carry and get stopped for license check, please carry a copy of the 2nd and 4th u.s. constitution amendments and hand it to the officer then ask him if those permits the ones they swore an oath to was good enough. and if he says no then (as you hand him your chl) say well since your word is no good here's the rental agreement of our rights that you ask for
    This is what I was afraid of with a license law, they managed to eliminate carry of a antique handgun by those between 18, and 20 years of age. That means even more scary young people carrying scary long guns.
    Last edited by WalkingWolf; 05-30-2015 at 04:13 PM.
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    Quote Originally Posted by bushwacker View Post
    now here is an even worse kick in the teeth to liberty I believe that hb910 says handgun not firearm , altho a black powder pre 1899 or replica of is not considered a firearm according to chapter 46 tx firearms law. it is still a handgun. at this time one can legally open carry those but with hb910 you will have to have a license to open carry one due to the handgun status, did we just lose some of our freedom in that area? if so then I hope to see much more rifles and shotguns being carried. now this is just my thoughts but i think it is something to mull over.....i ask a favor of all those that are going to open carry and get stopped for license check, please carry a copy of the 2nd and 4th u.s. constitution amendments and hand it to the officer then ask him if those permits the ones they swore an oath to was good enough. and if he says no then (as you hand him your chl) say well since your word is no good here's the rental agreement of our rights that you ask for
    Handgun is defined as a firearm that was made to be fired with one hand. That hasn't changed..... To be a handgun first you have to be a firearm........

    (3)AA"Firearm" means any device designed, made, or
    adapted to expel a projectile through a barrel by using the energy
    generated by an explosion or burning substance or any device
    readily convertible to that use. Firearm does not include a firearm
    that may have, as an integral part, a folding knife blade or other
    characteristics of weapons made illegal by this chapter and that
    is:
    (A)AAan antique or curio firearm manufactured
    before 1899; or
    (B)AAa replica of an antique or curio firearm
    manufactured before 1899, but only if the replica does not use rim
    fire or center fire ammunition.
    (4)AA"Firearm silencer" means any device designed,
    made, or adapted to muffle the report of a firearm.
    (5)AA"Handgun" means any firearm that is designed,
    made, or adapted to be fired with one hand.
    (6)AA"Illegal knife" means a:
    1
    (A)AAknife with a blade ov

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    Its always said handgun. They just removed the concealed portion of the statutes.

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    ok that clears thing up for me . thanks guys
    Our ancesters, veterens, and people of the service gave and are giving their time and sacrifice to preserve and defend our rights . it''s up to us the people to show appreciation by not sacrificing but investing time to exercise and preserve those rights.......the bushwacker...

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    In reading that excerpt, something to which I've never paid attention, I note that the exclusion from the definition is an "and" then an "or". The way I read it, the curio and antique exclusion only applies if it is illegal because of another feature, such as an integral knife. With that definition, it would be illegal to carry the antique weapon anyway. I assume people who would read this and carry have something else upon which to hang their hat?


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    Written by an attorney - hope this clarifies things (pasted from gun-tests.com)

    For Texas, the current criminal law regarding the possession of weapons (of all kinds including firearms) is found in Chapter 46 of the Texas Penal Code. This article lays out what weapons are illegal to possess, illegal to carry, where it is illegal to carry them and where a CHL holder can and cannot carry a handgun.

    By T. Edwin Walker, Vice-President/Attorney, Walker, Rice & Wisdom, P.C.

    (GunReports.com) Collecting firearms and performing in historical or educational productions have become very popular in the last few decades. Many people have asked us about the potential criminal liability for possessing and carrying the weapons used in such activities, writes attorney T. Edwin Walker, Vice-President/Attorney, Walker, Rice & Wisdom, P.C.

    For Texas, the current criminal law regarding the possession of weapons (of all kinds including firearms) is found in Chapter 46 of the Texas Penal Code. This article lays out what weapons are illegal to possess, illegal to carry, where it is illegal to carry them and where a CHL holder can and cannot carry a handgun.

    The first section of Chapter 46 is very important; it includes the definitions of each type of weapon including: what is a "club", what is a "knife" and most importantly what is a "firearm". A "firearm" is defined as any devise which is designed, made or adapted to expel a projectile through a barrel by using an exploding or burning substance. The statute then specifically excludes from this definition an antique or curio firearm which was manufactured before 1899 or a replica of an antique or curio firearm made before 1899, which does not use rim fire or center fire ammo. The antique exception has been the law since 1973 when the criminal law was rewritten and codified as the current Texas Penal Code. The Texas Legislature has chosen to use the language "manufactured before 1899". However, the Federal legal definition of antique firearm states that it must be a weapon "manufactured in or before 1898". Oh, the wonders of government bureaucracy, which makes the law clearer by saying the same thing two different ways.


    Prior to 1999, the law only exempted original, authentic firearms manufactured before 1899. However, in 1999 the Texas Legislature took notice of the fact that historical re-enactments had become extremely popular and added the exemption for replicas of pre-1899 antique or curio firearms. In an effort to conform to Federal Law, the replicas could not use rim fire or center fire ammunition. The statute was specifically tailored to cover historic muzzle loading, black powder, match lock and flint lock type weapons. Interestingly, this same amendment also allowed Bowie knifes and swords to be carried for purposes of historical demonstrations and ceremonies. If a replica is of a pre-1899 weapon that does use rim fire or center fire ammo, such as a replica Colt Single Action Army Model 1873, then it is treated by the law like any other handgun including those relating to carrying by a CHL holder. If your black powder gun is a newly manufactured model such as a Remington Model 700 Muzzleloader, then it will be regulated by all applicable laws relating to the carrying and possession of a firearm because it is not a replica of a pre-1899 gun.

    It is very important to remember that the antique and curio language is contained in the statute as an exception to the definition. This means that the person accused of unlawfully carrying a weapon bears the burden to present evidence in court to prove that the gun they were arrested for carrying was an antique or curio manufactured before 1899 or a qualified replica of such a weapon.

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