black powder carrying legality?

[Culpepper1776]

Not sure if this is in the right place but, here goes...

I am a felon. Yup... one of those lol. Broke into a movie rental place in 1990 with teenage friends. I was 17. Just being stupid.
I'm 43 now, FYI. As you know the system will never forgive a felon and restore rights except in rare pardons.
Just getting that outta the way.

So, by federal and state law I can own and possess antique or replicas of antique guns made prior to 1899, so long as they do not fire rim fire or center fire ammo. Ie, black powder only. ( penal code 46.01 definition of firearms )

So, do you know of any law preventing me or anyone for that matter to carry say, a revolver that is legally not a "firearm" concealed?

Not looking for legal advice... simply knowledge and opinion. Thanks.

 

[avvidclif]

I think the class of firearm you describe is still considered a firearm for carrying purposes but is exempt from the FFL transfer and form 4473. Still doesn't make it legal for you to possess or carry. Basically, it is a firearm.

 

[SC-Texas]

I think the class of firearm you describe is still considered a firearm for carrying purposes but is exempt from the FFL transfer and form 4473. Still doesn't make it legal for you to possess or carry. Basically, it is a firearm.

Could you provide a cite for that assumption?


Sent from my SM-N920V using Tapatalk

 

[Culpepper1776]

Thanks for the input Avvidclif. I know for a fact I can posses such guns legally in Texas, and hunt with them etc etc. Texas parks and wildlife goes into the issue as well on their website.

The question is the legality of conceal carry without a CHL with a "gun" that is legally not a "firearm".

 

[skfullgun]

This is not legal advice nor my opinion. I do, however, know of someone in a similar situation due to multiple DUI convictions. He has heavily researched the same question and routinely carries a sheriff's model cap-and-ball pistol. HIS opinion is that it is, in fact, legal.
Sorry, but that's all I've got...

 

[perfor8]

FWIW, I think all felon's rights should be reinstated upon release. If it's safe for you to circulate freely in society, it's safe for you to do so armed. The gun has little to do with it.

 

[Culpepper1776]

Thanks perfor8... I agree. At least for non violent offenders. It is ridiculous to live life unprotected.

 

[Army 1911]

17, were you prosecuted as an adult or Juvee. That might have some bearing as Juvee records are usually sealed.

May be worth looking into.

 

[Culpepper1776]

All 17 year olds are tried as adults in TX. Texas is one of only 4 states that do that.
The prison industry is far too lucrative to raise it to 18.

You see, big corporations strike deals with prisons for forced labor by inmates, then lobby states for longer sentences etc ro ensure cheap labor.
IBM, Boeing, Motorola, Microsoft, AT&T, Wireless, Texas Instrument, Dell, Compaq, Honeywell, Hewlett-Packard, Nortel, Lucent Technologies, 3Com, Intel, Northern Telecom, TWA, Nordstrom’s, Revlon, Macy’s, Pierre Cardin, Target Stores, to name a few.

While some states pay about .25 cents an hour to inmates, Texas pays nothing... and yet provides no deodorant, no tooth paste etc to inmates.

 

[Charlie]

Have you talked to an attorney regarding this subject? Nothing wrong with getting opinions, but I wouldn't stake my freedom on what I read on an internet forum.

 

[Culpepper1776]

China, a communist country with 5 TIMES the population of the U.S., has a half a million LESS inmates than the U.S.
Think about that.

 

[Culpepper1776]

Have you talked to an attorney regarding this subject? Nothing wrong with getting opinions, but I wouldn't stake my freedom on what I read on an internet forum.

Yes, that's why I said I'm not looking for legal advice with this post.

 

[Charlie]

Yeah, I saw that. Just wondering why you're seeking info from a forum. Just curious.

 

[toddnjoyce]

Yes, that's why I said I'm not looking for legal advice with this post.

Clarify legal advice vs knowledge and opinion on the law, please.

An educated response on a topic such as this is commonly understood to be legal advice or legal opinion.

 

[Moonpie]

BP firearms are considered deadly weapons.
They may be exempt from some firearm laws but the Po-Po can still bust you on the DW charge.

 

[Culpepper1776]

Advice: recommendations offered with regard to prudent future action.

Since I wont be basing future action on this discussion, I'm not looking for anyone to advise me on what to do.
Simply to discuss the law. Hope that's clear.

 

[Culpepper1776]

BP firearms are considered deadly weapons.
They may be exempt from some firearm laws but the Po-Po can still bust you on the DW charge.

Well knives etc are deadly weapons but not illegal to possess. There is no law against possession of a deadly weapon that I am aware of unless in prohibited places or certain weapons like brass knuckles...

 

[Moonpie]

Well knives etc are deadly weapons but not illegal to possess. There is no law against possession of a deadly weapon that I am aware of unless in prohibited places or certain weapons like brass knuckles...

Well you know how it is. The law may be the law but if Officer Dontlikeyou gets a bug up his butt about it you’re toast.

 

[majormadmax]

https://www.atf.gov/file/61721/download

 

[Bvhawk]

China, a communist country with 5 TIMES the population of the U.S., has a half a million LESS inmates than the U.S.
Think about that.

China calls their prisons, as we know them, different things. Work Camps, Re-Education Camps and then the ever present drop off the face of the Earth Camps. Comparing the U.S. penal system to any kind of penal system in China is a far reach. Re-Education Camps in China look eerily like the concentration camps from NASD Germany.

I do think that non violent felons should have all of their Constitutional Rights restored once all time and parol and probations have been completed. If there any kind of aggravating factors such as a weapon used, then the right to self protection should be forfeited forever.

Enjoy what you can do as far as hunting, target shooting with black powder. Just make sure to keep your backside out of the sling boss.