Blackpowder Handgun Replicas

[tedwitt]

Correct me if I'm wrong but in Texas the way I understand it a person is not required to have a CHL to carry a replica of a non-rimfire, non-centerfire pistol manufactured before 1899. These are considered novelties.

Is this a loophole?

[frazzled]

1. Not sure on the legality. I don't think they are considered "firearms" unless they require cased ammo. But I am just pulling that out of my posterior motive.

2. Most blackpowder pistols and revolvers areBIG. Dirty Harry big. They would not make good real world firearms.

3. They are fun though. They go Boom and make lots of smoke. Very very fun to shoot

[seamusTX]

Tedwitt, you are correct. The definition of firearm under Texas law is iven in PC 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.

Such weapons are also not considered firearms under federal law. You can buy them without filling out a form 4473 or going through NICS.

You could legally carry one openly in places where CHLs are not allowed to carry, such as a bar.

However, I would not bet on the police being familiar with this nuance of law.

- Jim

[jmorris]

2. Most blackpowder pistols and revolvers areBIG. Dirty Harry big. They would not make good real world firearms.

Ah, not always. I have a .44 1858 Ruger Army that has a 5 1/2" barrel and a Colt Navy Sheriff Model that's 4" (IIRC). I'm looking for a 1849 Pocket Pistol, 4" in .31. Perhaps you've mostly seen 1847 Walker Dragoon models. That's a .44 with either a 7" or 9" barrel.

There were LOTS of hideaway black powder models made.