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  1. #1
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    Question Black Powder Firearms

    Hello All,

    I just recently moved back to Texas from Louisiana. LA, as you might know is an Open Carry friendly state. Whereas Texas is not. I read somewhere that it's completely legal to carry a concealed black powder replica pistol without a CHL since neither the TX or Federal Govt count black powder firearms as actual firearms. Can I please get some clarification on this?

    Note: I've been carrying a firearm every day since I turned 18, and I'm really uncomfortable not being able to carry one. So I'd even be willing to carry a cap and ball revolver because I have a right to self protection, which Texas does not recognize.

    Thanks,
    Josh

  2. #2
    Live free, or die. Bithabus's Avatar
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    Re: Black Powder Firearms

    Yes, you can legally carry a cap and ball pistol in TX. If you are over 21 I recommend getting a CHL so you can carry a real gun though.
    Ban hurricanes

  3. #3
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    Re: Black Powder Firearms

    Yes it's legal and I carry one myself.
    The Weapons chapter exempts Black Powder firearms. They are not considered to be firearms under the weapons chapter. Not even considered to be a weapon.
    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.

    Law enforcement cant enforce Disorderly Conduct laws againt it either. Althow you can get youself in trouble for other actions, but 42.01 disorderly conduct with the intent to calculate alarm isnt one of them if you are simply carrying the "Antique" on your person.
    Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
    (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
    Black Power Antiques are not considered to be Weapons or Firearms. And Welcome back to Texas.

  4. #4
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    Re: Black Powder Firearms

    Quote Originally Posted by Bithabus View Post
    Yes, you can legally carry a cap and ball pistol in TX. If you are over 21 I recommend getting a CHL so you can carry a real gun though.
    Hey! What's wrong with all the Smoke?:smoker:

  5. #5
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    Re: Black Powder Firearms

    Thanks for the prompt replies fellas. I'm still a year away from being able to get a CHL, which is why I'm resorting to a C&B revolver.
    I have a Beretta which I keep in my truck, but I am unable to legally carry it on my person.

  6. #6
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    Re: Black Powder Firearms

    Good decission.

  7. #7
    Senior Member ROGER4314's Avatar
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    Re: Black Powder Firearms

    You can beat the rap but you won't beat the ride!

    If a LEO wants to make an issue of it, you with be charged with SOMETHING. Arguing points of law with a cop is pointless and even though you may prevail in court later, it will cost time, trouble and money. Why push it? Get your CHL and do it right.

    I'm a believer in fighting when the situation warrants it but you need to pick your battles. Fighting EVERY battle turns you into a Don Quixote going around attacking windmills.

    Flash
    You gotta die of something.....it may as well be something that you like!

    Check out my favorite gun shop....https://www.trinitybaytactical.com/

    Please feel free to visit the picture album: "Flash......How It Was and How It Is" in my TGT profile!




  8. #8
    Senior Member okie556's Avatar
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    Re: Black Powder Firearms

    Quote Originally Posted by Milano_Josh View Post
    Hello All,

    I just recently moved back to Texas from Louisiana. LA, as you might know is an Open Carry friendly state. Whereas Texas is not. I read somewhere that it's completely legal to carry a concealed black powder replica pistol without a CHL since neither the TX or Federal Govt count black powder firearms as actual firearms. Can I please get some clarification on this?

    Note: I've been carrying a firearm every day since I turned 18, and I'm really uncomfortable not being able to carry one. So I'd even be willing to carry a cap and ball revolver because I have a right to self protection, which Texas does not recognize.

    Thanks,
    Josh
    Just curious as to what and how you open carried in LA? I realize it is listed as an Anomalous Open Carry State but I don't think I have ever seen anyone but LEO open carrying. Maybe I just missed them.....don't live there (LA) but visit often.
    Okie556
    Proud Viet Nam Vet

  9. #9
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    Re: Black Powder Firearms

    Quote Originally Posted by ROGER4314 View Post
    You can beat the rap but you won't beat the ride!

    If a LEO wants to make an issue of it, you with be charged with SOMETHING. Arguing points of law with a cop is pointless and even though you may prevail in court later, it will cost time, trouble and money. Why push it? Get your CHL and do it right.

    I'm a believer in fighting when the situation warrants it but you need to pick your battles. Fighting EVERY battle turns you into a Don Quixote going around attacking windmills.

    Flash
    He's not old enough to get a CHL yet.

  10. #10
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    Re: Black Powder Firearms

    Quote Originally Posted by ROGER4314 View Post
    You can beat the rap but you won't beat the ride!

    If a LEO wants to make an issue of it, you with be charged with SOMETHING. Arguing points of law with a cop is pointless and even though you may prevail in court later, it will cost time, trouble and money. Why push it? Get your CHL and do it right.

    I'm a believer in fighting when the situation warrants it but you need to pick your battles. Fighting EVERY battle turns you into a Don Quixote going around attacking windmills.

    Flash
    +1

    Don Quixote died alone too... Not the way I'd like to go out...
    "Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor determined to commit crimes. . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." -- Jefferson's "Commonplace Book," 1774-1776, quoting from On Crimes and Punishment, by criminologist Cesare Beccaria, 1764

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