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Thread: Texans!! No CHL required, no restriction imposed!

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    Texans!! No CHL required, no restriction imposed!

    The Subject, Black Powder revolver! Texas penal code exempts all restrictions against black powder pistols.

    Sec. 46.01. DEFINITIONS. In this chapter:
    (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 isA) 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.
    This means im buying a Cowboy Action Black Powder replica. It also means I can carry it anywhere!http://www.cabelas.com/ensemble/Shoo...3Bcat104503680
    Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not1) on the person's own premises or premises under the person's control; or(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which1) the handgun is in plain view; or(2) the person is:
    Black Powder pistlos are not recognized as handguns in the Texas Penal Code!

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    I dont know how these got in the post. I didnt put them there!
    Last edited by MR Redenck; 02-06-2011 at 02:43 PM.

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    Regular Member rodbender's Avatar
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    Got one! When that movie first came out and as my wife and I watched this particular scene, I said "Wow, the original speed loader".

    You do understand if you convert it to centerfire ammo, it is no longer a replica and is considered a firearm.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Quote Originally Posted by rodbender View Post
    Got one! When that movie first came out and as my wife and I watched this particular scene, I said "Wow, the original speed loader".

    You do understand if you convert it to centerfire ammo, it is no longer a replica and is considered a firearm.
    I sure do understand. I also understand that no law in the state of Texas applies to that type of pistol.
    What's even more strange is Penal code section 46.03 " prohibited" places doesnt apply either. That mean college students could already be carrying these things on campus.

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    Regular Member rodbender's Avatar
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    Quote Originally Posted by MR Redenck View Post
    I sure do understand. I also understand that no law in the state of Texas applies to that type of pistol.
    What's even more strange is Penal code section 46.03 " prohibited" places doesnt apply either. That mean college students could already be carrying these things on campus.
    Actually, it's not even considered a firearm by Texas or BATFE. Sweet!!
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Regular Member usamarshal's Avatar
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    Oh **** son!!! Clint Eastwood 24/7!!!

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    Quote Originally Posted by rodbender View Post
    Actually, it's not even considered a firearm by Texas or BATFE. Sweet!!
    No NIX, or FFL...

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    Quote Originally Posted by usamarshal View Post
    Oh **** son!!! Clint Eastwood 24/7!!!
    Oh yes sir! I actually wrote Eastwoods people a letter last year demanding more westerns! To hell with some car movie!
    Im going to get a lot of punishment for this, but I rank eastwood #1 for westerns.

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    ok heres a catch that you mite want to think about before carrying one in a bar, alltho pre 1899 is not considered a firearm , it can still be considered a weapon like a screwdriver can be , and what do those signs on bar walls say ... the carrying of weapons is prohibited and persons carrying can be punished up to blah...blah...blah, and there mite be other places where weapons are probibited. i think that this is worth checking in to before we do, however , the sooner that we start carrying these around , the sooner others will be use to seeing open handguns and that will make it much easier to get open carry firearms passed. anestitize the pulic with black powder while we prepair to cut out the cancers on our gun rights. made that up myself ...you like it?...hang it with all the other great sayings on this site. now I have a military police 1860's style black powder pistol looks like snub nose army pistol of that era the maker is pietta. sweet little gun,cabelas stopped carrying them i think. it is so short that you get a seperate brass plunger with it look it up you mite like it
    Last edited by bushwacker; 02-24-2011 at 07:03 PM.

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    I think that eastwood is anti handgun, i was listening to a radio program about an eastwood appearence an this fan brought his pistol to get it signed by eastwood and eastwood told him no thanks ,I wouldn't want my name on one of those. yup so shocking that it got seared into my brain.maybe he just didn't like that paticular type of gun, i think it was a dirty harry .

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    Founder's Club Member PrayingForWar's Avatar
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    You might try it, but I fully expect officers to come, prone you out, disarm you, and psycologically evaluate you on site.

    You might win a court case in certain counties, but for me it isn't worth it.
    If you ladies leave my island, if you survive recruit training. You will become a minister of death, PRAYING FOR WAR...

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    Lone Star Veteran Ian's Avatar
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    Do you have tens of thousands of dollars laying around and would like to be a test case for this?

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    No you cant carry a antique into a bar. It's still a weapon.
    And no its not against the Texas law to carry a antique in public places.
    10's of thousands of dollars to try it out, I dont think so. Law are already written and they do not restrict carrying antiques. Sure some cops might not know that.

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    what is this has open carry been past or denied or still being work threw the system

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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by have gun will travel View Post
    what is this has open carry been past or denied or still being work threw the system
    I'm going to go out on a limb and assume you are asking "What is this? Has open carry been passed or denied, or still working through the system?"

    It's exactly what it says it is in the very first post. Why do you ask?

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    Quote Originally Posted by Fallschirmjäger View Post
    I'm going to go out on a limb and assume you are asking "What is this? Has open carry been passed or denied, or still working through the system?"

    It's exactly what it says it is in the very first post. Why do you ask?
    look like they are talking about black powder weapon

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    texas legislature need to take a second look at this video http://video.google.com/videoplay?do...1537893819675# it old but good

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    This type of FIREARM has been around since 1871 and can be purchased through Taylors and Cimmarron, to name a few. In some areas it is considered an 1871 version of the 1858 REMINGTON REVOLVER and can also be purchased in the COLT VERISON. They are firearms, in all aspects and a 4473 must be filled out prior to their purchase. Just because a revolver has a "BLACK POWDER" frame doesn't exempt it from the LAW. Our metal that is used to produce a firearm whether Black Powder or Smokeless Powder has changed over the years. Firearm Dealers know this-just ask!
    If the firearm is "UNALTERED" and does not accept "MODERN" ammunition then it stays an Antique or replica!
    Be, very careful when "ALTERING" any firearm from its original configuration-other laws may apply and problems may ensue!
    Last edited by Cowboy_Rick; 03-06-2011 at 07:36 AM. Reason: added information.

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    anyone seriously considering the open carry of an antique firearm in the state of Texas should contact a lawyer first. I'm still looking for the case I'd heard about where the courts published an opinion that an antique firearm is still a handgun for the purposes of 46.02.

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    Quote Originally Posted by DKSuddeth View Post
    anyone seriously considering the open carry of an antique firearm in the state of Texas should contact a lawyer first. I'm still looking for the case I'd heard about where the courts published an opinion that an antique firearm is still a handgun for the purposes of 46.02.
    I've read 2 cases about this (both were possession not OC) and both had guilty verdicts upheld by the Texas Supreme Court because the defense attorney (AKA moron) didn't bring up the fact that it was a replica of an antique at trial.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Quote Originally Posted by rodbender View Post
    I've read 2 cases about this (both were possession not OC) and both had guilty verdicts upheld by the Texas Supreme Court because the defense attorney (AKA moron) didn't bring up the fact that it was a replica of an antique at trial.
    Yes, that would take a spectacularly inept attorney.

    If charged with unlawful possession of a weapon, the attorney should first go to the definition of "weapon", then simply point out that by state law, the "weapon" in question, isn't.

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    Quote Originally Posted by rodbender View Post
    I've read 2 cases about this (both were possession not OC) and both had guilty verdicts upheld by the Texas Supreme Court because the defense attorney (AKA moron) didn't bring up the fact that it was a replica of an antique at trial.

    The Texas Supreme court is NOT a criminal court. It only hears civil cases.

    From the TSC website:

    "Composed of the Chief Justice and eight Justices, the Supreme Court of Texas is the court of last resort for civil matters in the State of Texas. The Supreme Court is in Austin, next to the State Capitol.

    The Justices of the Supreme Court are elected to staggered six-year terms in state-wide elections. When a vacancy arises the Governor may appoint a Justice, subject to Senate confirmation, to serve out the remainder of an unexpired term until the next general election. All members of the Court must be at least 35 years of age, a citizen of Texas, licensed to practice law in Texas, and must have practiced law (or have been a lawyer and a judge of a court of record together) for at least ten years (see Tex. Const., Art. 5, Sec. 2).

    By statute the Court has administrative control over the State Bar of Texas. Tex. Gov't Code § 81.011. The Court is also the sole authority for licensing attorneys in Texas and appoints the members of the Board of Law Examiners which administers the Texas bar examination. Tex. Gov't Code §§ 82.00, 82.004.

    The Court promulgates the Texas Rules of Civil Procedure, the Texas Rules of Appellate Procedure, the Texas Rules of Evidence and other rules and standards."

    "The Court of Criminal Appeals is Texas' highest court for criminal cases. The Court consists of a Presiding Judge and eight Judges. They are elected by the voters of the entire state, and they hold their offices for terms of six years.

    The Court sits in Austin - near the Capitol. From time to time it may sit in other cities to hear cases.
    Last edited by OldCurlyWolf; 03-07-2011 at 06:58 PM.
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    Regular Member pooley's Avatar
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    sorry, missed a few posts...
    Last edited by pooley; 03-07-2011 at 07:28 PM.

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    Cool I've always heard:

    Quote Originally Posted by PrayingForWar View Post
    You might try it, but I fully expect officers to come, prone you out, disarm you, and psycologically evaluate you on site.

    You might win a court case in certain counties, but for me it isn't worth it.
    You might beat the rap but you won't beat the ride!

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    Regular Member rodbender's Avatar
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    Quote Originally Posted by frickinnuts View Post
    You might beat the rap but you won't beat the ride!
    That's one of the problems with LEO today. They know they got you by the short and curlies.
    The thing about common sense is....it ain't too common.
    Will Rogers

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