imported post
rodbender wrote:
marklar wrote:
Put a banana in your holster.
Well, I did ask for ideas, didn't I?
Pre-1899 open carry? Under both federal and state law, these firearms are not legally "firearms"; they are antiques. Penal Code section 46.01:
[align=left](3) "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) an antique or curio firearm manufactured
before 1899; or
(B) a replica of an antique or curio firearm
manufactured before 1899, but only if the replica does not use rim
fire or center fire ammunition.
[/align]
[align=left]The part subject to interpretation is "a firearm
that may have, as an integral part, a folding knife blade or other
characteristics of weapons made illegal by this chapter". Some might say that this means only those that that have a folding knife or other characteristic made illegal otherwise. My view is that the words "MAY HAVE" are huge and still keeps pre-1899 firearms outside the definition whether they have such a characteristic or not. This is also in keeping with theprior version of this definition which didn't mention any of the folding knife stuffwhere it wasclear that pre-1899 firearms were exempt.[/align]
[align=left]In
McIlory v State early this year the 2nd Court of Appeals in Fort Worth dealt with the definition above in the context of a jury charge. It discussed onlythe "antique or curio" or "replica" thereof portion of the definition. If the court thought that the folding knife blade portion was required, I presume it would have been included.[/align]
[align=left]Accordingly, I believe that pre-1899 carry (openly or concealed) is completely legal in TX but without attorneys getting involved and clearing it with DPS, it would be risky to do at the capitol. On the other hand, can't a pro-OC TX attorney somewhere contact the Travis County DA/CA office DPS capitol security and press the issue? I've raised it with the Dallas County DA's office and got back tight-lipped silence whereas we had been corresponding back and forth concerning concealed carry in county buildings. I think it speaks volumes that the conversation was totally shut down when I brought up pre-1899 carry (not necessarily openly).[/align]
[align=left]If anyone knows an attorney who can help us, please bring it up with him or her. This may be our only legal OC opportunity in TX right now and if we could get some official recognition of it, that would be a great first step towards full OC.[/align]
[align=left]SA-TX[/align]
