Open Carry of Antique and Replica Black Powder Pistols in Texas
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STUPID DISCLAIMER: I am not a lawyer. This is not legal advice. If you think reading this on the internet somehow makes me responsible for you and/or your action; you’re wrong and an idiot.
A quick lesson in the legality of Black Powder Pistol/Handgun Open Carry in Texas for those unaware.
No. 1) Texas Penal Code 46.01(5) “Handgun” means any FIREARM that is designed, made, or adapted to be fired with one hand.
No. 2) Texas 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.
Put it together and….
Anywhere in the Texas Code regarding CHL’s or otherwise that states it is a violation to do something with a handgun or firearm does NOT include pre 1899 guns and replica (black powder only) 1899 guns.
Therefore all the regulations making the open carry of handguns a crime do not apply to pre 1899 weapons and pre 1899 (black powder only) replicas.
To save you more searching, other than the obvious such as ‘no shooting dogs for fun’ (unless you’re a cop) the only law you really have to worry about while openly carrying these weapons is disorderly conduct which states in Texas Penal Code 46.01(8) that someone is guilty of disorderly conduct if they display a firearm or other deadly weapon in a public place in a manner calculated to alarm.
These antique and replica weapons would classify as other deadly weapons. So the same standard of “manner calculated to alarm” applies to these pre 1899 and replicas as it does to long guns.
Which means not only can you carry these black-powder pistols openly (in a manner NOT calculated to alarm 😉 but also carry centerfire and rimfire revolvers made prior to 1899 openly!
UPDATE: It is also worth noting that Texas Penal Code 46.03 regarding the places texans are prohibited from carrying firearms and certain weapons also does NOT apply to these pre 1899/replica weapons. So, in the letter of the law (at least in regards to Section 46 of the Penal Code), places such as schools, polling places, courts, racetracks, and, interestingly enough, the secured area of airports which are off limits to weapons like firearms (remember the definition above), clubs, knuckles, and tire deflation devices, pre 1899/replica weapons are not included in this list.
That is not to say you won’t be in violation of another law in the same or another jurisdiction (state, federal, municipal). Since I am not a lawyer and this is not legal advice, do with this as you may.
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If you go back and read that law again, you’ll see that centerfire antiques don’t count as antiques under the law. That pretty much leaves you with cap and ball, flintlock, or matchlock (if you want to go really old school).
Please consider correcting your post. You’re misinforming people. The following is incorrect:
“Which means not only can you carry these black-powder pistols openly (in a manner NOT calculated to alarm 😉 but also carry centerfire and rimfire revolvers made prior to 1899 openly!”
Look closer…
(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.
The non-rim/centerfire restriction only applies to replicas not those actually manufactured before 1899.
If it is a ORIGINAL pre-1899…. Original ….it can shoot whatever it originally shot…
46.01 (3) a
If it is a REPLICA pre-1899 it cannot fire centerfire or rim fire (IE: blackpowder)
46.01 (3) b
Some good discussion here… http://tinyurl.com/ky7c4ok
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