Felid`Maximus
Activist Member
imported post
Although the Texas Penal code exempts antique firearms from being firearms, doing a search of this forum and elsewhere I have come across people saying that the courts always ignore this exception when the antique firearm is carried upon the person. For example:
http://docs.google.com/viewer?a=v&q...wVHA5A&sig=AHIEtbRPSopoF7ORnF4-eyPqnD9S3BdQ0Q
However, I cannot easily find any such court cases, and the only case I could find on the internet involved someone who failed to bring up the exception in the first trial and tried (and failed) later to find the courts in error for not instructing the jury to consider the antique provision. ( http://www.2ndcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=17423 )
Does anyone know the name of a case that involves a court actually saying that Antique firearms cease to be antique when carried?
Although the Texas Penal code exempts antique firearms from being firearms, doing a search of this forum and elsewhere I have come across people saying that the courts always ignore this exception when the antique firearm is carried upon the person. For example:
http://docs.google.com/viewer?a=v&q...wVHA5A&sig=AHIEtbRPSopoF7ORnF4-eyPqnD9S3BdQ0Q
Several defendants have sought to defend weapons cases or other cases involving use of
weapons by arguing that the weapons was made before 1899, therefore are antiques. The
courts have rejected this approach saying in effect that the antique or curio exception
applies to treating the items as antiques, not to using them as weapons.
However, I cannot easily find any such court cases, and the only case I could find on the internet involved someone who failed to bring up the exception in the first trial and tried (and failed) later to find the courts in error for not instructing the jury to consider the antique provision. ( http://www.2ndcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=17423 )
Does anyone know the name of a case that involves a court actually saying that Antique firearms cease to be antique when carried?