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black powder ball and cap pistols

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Qiset

Junior Member
What is the name of your state?I'm from Texas. I've read the Texas penal code about what is a firearm
and it seems that code 46.01 3b excludes a black powder ball and cap
pistol from being considered as a firearm.
Does anyone know of any other code, statute, or law that applies
to black powder ball and cap pistols?

Thanks,

Q
 


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.

Texas Gun Laws at NRA: http://www.nraila.org/GunLaws/StateLaws.aspx?ST=TX
 

Qiset

Junior Member
Yes that the Texas penal code 46.01 that I mentioned. It excludes
a black powder ball and cap pistol from being considered a fire arm.
If that's the only law that deals with such pistols, then it must be
legal to carry such a thing. What I want to know is since this isn't
covered by penal code 46.01 what Texas law does cover it?

Q
 

HappyHusband

Senior Member
Qiset said:
Yes that the Texas penal code 46.01 that I mentioned. It excludes
a black powder ball and cap pistol from being considered a fire arm.
If that's the only law that deals with such pistols, then it must be
legal to carry such a thing. What I want to know is since this isn't
covered by penal code 46.01 what Texas law does cover it?

Q
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if he intentionally, knowingly, or recklessly
carries on or about his person a handgun, illegal knife, or club.

(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.

*******************************************
§ 46.01.
(5) "Handgun" means any firearm that is designed,
made, or adapted to be fired with one hand.
 
From 46.01:

(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.
(4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm.
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.

Now from Texas eligibility and rules on carrying a concealed handgun since that is what I assume you want to do can be found here http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf
 

Heather2

Member
Qiset said:
Yes that the Texas penal code 46.01 that I mentioned. It excludes
a black powder ball and cap pistol from being considered a fire arm.
If that's the only law that deals with such pistols, then it must be
legal to carry such a thing. What I want to know is since this isn't
covered by penal code 46.01 what Texas law does cover it?

Q
Why would you want to carry one around? You're just asking for trouble if you do.
 

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