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Texans!! No CHL required, no restriction imposed!

MR Redenck

Regular Member
Joined
Nov 1, 2010
Messages
596
Location
West Texas
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 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.
This means im buying a Cowboy Action Black Powder replica. It also means I can carry it anywhere!http://www.cabelas.com/ensemble/Sho...%2F_%2FN-1100201&WTz_l=Unknown%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 not:(1) 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 which:(1) the handgun is in plain view; or(2) the person is:
Black Powder pistlos are not recognized as handguns in the Texas Penal Code!
 

MR Redenck

Regular Member
Joined
Nov 1, 2010
Messages
596
Location
West Texas
I dont know how these :( got in the post. I didnt put them there! :confused:[video=youtube;610YsqZCtHc]http://www.youtube.com/watch?v=610YsqZCtHc&feature=related[/video]
 
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rodbender

Regular Member
Joined
Jun 23, 2008
Messages
2,519
Location
Navasota, Texas, USA
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.
 

MR Redenck

Regular Member
Joined
Nov 1, 2010
Messages
596
Location
West Texas
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.
 

rodbender

Regular Member
Joined
Jun 23, 2008
Messages
2,519
Location
Navasota, Texas, USA
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!!
 

MR Redenck

Regular Member
Joined
Nov 1, 2010
Messages
596
Location
West Texas
Oh **** son!!! Clint Eastwood 24/7!!! :shocker:

Oh yes sir! I actually wrote Eastwoods people a letter last year demanding more westerns! To hell with some car movie! :eek:
Im going to get a lot of punishment for this, but I rank eastwood #1 for westerns.
 

bushwacker

Regular Member
Joined
Jan 4, 2011
Messages
203
Location
pottsboro,texas
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
 
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bushwacker

Regular Member
Joined
Jan 4, 2011
Messages
203
Location
pottsboro,texas
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.:eek: yup so shocking that it got seared into my brain.:banghead:maybe he just didn't like that paticular type of gun, i think it was a dirty harry .
 

PrayingForWar

Founder's Club Member
Joined
Sep 9, 2007
Messages
1,701
Location
The Real World.
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.
 

Ian

Lone Star Veteran
Joined
Nov 11, 2007
Messages
710
Location
Austin, TX
Do you have tens of thousands of dollars laying around and would like to be a test case for this?
 

MR Redenck

Regular Member
Joined
Nov 1, 2010
Messages
596
Location
West Texas
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.
 

Cowboy_Rick

Regular Member
Joined
Jul 7, 2008
Messages
233
Location
, ,
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!
 
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DKSuddeth

Accomplished Advocate
Joined
May 8, 2006
Messages
833
Location
Bedford, Texas, USA
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.
 

rodbender

Regular Member
Joined
Jun 23, 2008
Messages
2,519
Location
Navasota, Texas, USA
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.
 
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