Black Powder Firearms

[Milano_Josh]

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

 

[Bithabus]

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.

 

[MR Redneck]

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.

 

[MR Redneck]

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?

 

[Milano_Josh]

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.

 

[MR Redneck]

Good decission.

 

[ROGER4314]

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

 

[okie556]

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.

 

[MR Redneck]

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.

 

[texas_teacher]

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...

 

[ROGER4314]

I read his profile and the OP. He doesn't state his current age. Edit...I found it in a later post. He says he is 20. Sorry.

Josh, if you are under 21, I'd suggest following the law but there some ways you can still defend yourself.

I was a teacher for years and saw many ugly weapons in the cars of students. They took baseball bats and drove spikes through them and other equally ignorant designs. In each case, I took the kid aside, told him that possession of an "illegal weapon" could get him expelled. I told him that no one would bother him for possession of sports equipment like a ball bat or golf clubs. Once he pounded spikes through a bat, it was no longer sports equipment.

Another had a Marksman BB gun (looks like a 1911) in his car. I persuaded him that a cop would likely shoot him if he pulled that pellet gun.

Please...follow the law. If you aren't sure then find out what is lawful. There are no instant replays on a dark street. Dead is dead.

Flash

 

[Bithabus]

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;

This is incorrect. Black powder guns are not firearms but they are still deadly weapons.

 

[Bithabus]

Hey! What's wrong with all the Smoke?

A black powder gun may be better than nothing but given the choice I'd take a Glock 19. Maybe a good knife too.

 

[MR Redneck]

This is incorrect. Black powder guns are not firearms but they are still deadly weapons.

Glad you said that, but know I get to pick your brain.
How can they be considered a deadly weapon? The "weapons" chapter 46 calls them "Antiques". Chapter 46 excludes antiques from the weapons definitions.
Chapter 42 defines disorderly conduct and related offenses. Disorderly conduct in chapter 42 is in subject to firearms and weapons used to " calculate Alarm".
Black powder Antiques are not defined as a weapon or a firearm.
So im lost as to how Antiques can be legally considered a "deadly weapon".

 

[Bithabus]

How can they be considered a deadly weapon? The "weapons" chapter 46 calls them "Antiques". Chapter 46 excludes antiques from the weapons definitions.

Chapter 46 excludes antiques from the definition of "firearms", not "weapons". "Deadly weapon" is defined in PC 1.07:

(17) "Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Clearly a black powder pistol fits this definition.

 

[TheDan]

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.

I'm curious on that, too. I grew up in LA and don't really remember seeing anyone open carrying either. Pretty much everyone had a gun of some kind in their car, tho.

...and yeah, I had my "sports equipment" as well, lol.

 

[okie556]

I'm curious on that, too. I grew up in LA and don't really remember seeing anyone open carrying either. Pretty much everyone had a gun of some kind in their car, tho.

...and yeah, I had my "sports equipment" as well, lol.

Guess Milo_Josh isn't reading his thread.

 

[MR Redneck]

He's from Louisiana people.

 

[fuelfather]

I went to Florida anfew years ago. In the process o preparing for the trip I called the Louisiana State Police and asked for laws related to firearms transport/carry without CHL. The Louisiana State Police representative stated that they are an open carry state as long as you are legal to own a firearm.

 

[MR Redneck]

I went to Florida anfew years ago. In the process o preparing for the trip I called the Louisiana State Police and asked for laws related to firearms transport/carry without CHL. The Louisiana State Police representative stated that they are an open carry state as long as you are legal to own a firearm.

They are, but when I lived down there, it seems like city's could restrict open carry in some places. I never seen anything enforced against open carry there either.