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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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can a convicted felon own black powder pistols, rifles, and

Customer Question

can a convicted felon own black powder pistols, rifles, and shotguns in the State of Texas and be 100% legal in doing so according to both Federal and State law concerning Felony or Felon in Posetion of a Firearm
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

In Texas, a convicted felon can get his/her rights to possess a firearm after 5 years. Here is the statute:


 


Texas Penal Code 46.04

§ 46.04. UNLAWFUL POSSESSION OF FIREARM.


 


(a) A person who has been convicted of a felony commits an offense if he
possesses a firearm:


(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is
later; or


 


(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.



(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:


(1) the date of the person's release from confinement following conviction of the misdemeanor; or


(2) the date of the person's release from community supervision following conviction of the misdemeanor.


(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.


(d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.


(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.

ScottyMacEsq :

Tex. Penal Code § 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.

ScottyMacEsq :

Neither federal law nor Texas state law specifically forbids felons from owning black powder weapons. Texas law says that one cannot own a firearm (unless rights are restored, or unless it qualifies as an antique or replice of antique, but only if the replica does not rim fire or center fire)

Under the United States Gun Control Act of 1968, antique firearms and replicas are largely exempted.

Antique firearms are defined as:

- any firearm with a frame or receiver manufactured in or before 1898 regardless of ignition system, or

- any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, and

- any replica of an antique firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire ammunition, or uses fixed ammunition, which is no longer manufactured in the United States and which is not readily available in the ordinary channels or commercial trade, any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.

As long as your black power firearm qualifies as above, it is legal for a felon to possess it.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11326
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

How would your above interpretation apply to Texas law as it pertains to Felons possessing the black powder revolver in his vehicle, his residence, firing range, or concealed. Would he be able to have it loaded while carying it in any of those places. Can a black powder firearm be open carried in Texas and lastly would the five year waiting period still apply to black powder weapons?

Expert:  ScottyMacEsq replied 1 year ago.
Vehicle, residence, firing range, or concealed: I don't see that these are restricted in any way, so long as it's a true antique. Open carry: Maybe. The law specifies "handguns" cannot be open carried, and defines a handgun as a firearm that can be fired with one hand. It's also illegal to display a firearm "or other deadly weapon" in a public place in a manner calculated to cause alarm, so it's probably better to avoid, if at all possible, open carry of a working antique revolver. Note, however, that when it defines a "handgun" as a "firearm", it already defines "firearm" in that way that I indicated above (as excluding antiques, etc...) so strictly speaking, if it's not calculated to cause alarm, open carry of an antique gun (that does not fit the definition of firearm) is legal. But the police officer arresting you might not know the intricacies of the law...The 5 year waiting period applies to firearms, under that same definition above. Antique firearms manufacturered before 1899 are not "firearms" under that definition, so the possession by a felon is not illegal.
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11326
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Would like to know if the Pietta itallian made replica of the 1858 Reington New Army 44 caliber cap and ball revolver. It is capable of fireing ppercussion cap, lead ball and black pwder or black pwder substitute and is loaded in that fashion. Aslo I would like to know sense you are a licensed Texad attorney I would like to know if I may contact your firm outside of JustAnswer due to their disclaimer regarding leagal information and client attorney confidentiality.

Customer: replied 1 year ago.

Would like to know if the Pietta made Italian manufactured replica of the Remington 1858 New Army 44 calibe black powder cap and ball revolver and sold through Cabellas would be in the catagory of legal and exempted firearms for convicted felon ownership. It fires a lead ball useing cap ignition or black powder or black powder substitute and is loaded accordingly.


 


Would also like to know if I may contact your firm offline and separate from JustAnswers due to the disclaimer regarding client attorney confidentiality.


 


Thank You

Expert:  ScottyMacEsq replied 1 year ago.
I cannot say one way or the other regarding that specific weapon, as I do not know that much about antique firearms or replica firearms to be able to say for certain, and would have to point you back to the statute.

As for contacting me off site, unfortunately the terms of service of this site prohibit that. I really wish that I could accept customers contacting me offsite, but any customer that makes contact with me on this site I cannot direct offsite to contact me in any way (per the terms of service that we both agreed to).
Customer: replied 1 year ago.

Lol talk about a catch 22 and legality and lawyer speak. I appreciate your help and cander with regards to my questions. Sense you work for a site that says you can not establish a attorney cliebt relationship and subsequently will not allow you to do so offline are you allowed to refer me to another Texas attorney that I may contact in regard to our line of conversation. If so who would you recomend.

Expert:  ScottyMacEsq replied 1 year ago.
Unfortunately, I cannot recommend any specific lawyer either (per terms of service... JustAnswer thinks it's a potential liability). I would suggest using the Texas Bar Association Lawyer Referral Service :

http://www.texasbar.com/AM/Template.cfm?Section=LRIS_Online_Referral_Form

I would also suggest contacting your local bar association (the closest large city to you) as most of these also have a separate lawyer referral service.

Thank you, and again, I wish you the best of luck in this matter!
Customer: replied 1 year ago.

Could you cite case law that would support your above interpretation of both the United States code and Texas law of a felob legal possession of an antique or replica antique firearm

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