TexasCHLforum.com

Can i carry a BP pistol capped in my car?

It is better to file for purging your criminal record.

BP guns are not firearms under federal or state law. I'll let you draw your own conclusion for that.

However if you have any doubt, seek legal advice from a lawyer.

Welcome to the forum.

You are asking for legal advice from an Internet forum. I would suggest you contact a lawyer who can advise you on this depending on your particular situation.

As a note, some states DO consider black powder guns as weapons and will prosecute a felon for possession.

Beiruty and others,

On the surface a pardon seems to be an easy fix...my mistake was not knowing my enemies better and believing that someone on Earth is more powerful than the corrupt who rule...Once convicted by and for the establishment, pardons are for people that are not a threat to the establishment. When I was given the option to look the other way or face persecution it left only the felony proudly worn.

What I am looking for here is the general consensus of the populace. The laws in the USA are all subject to interpretation and selective use in a judicial system operating under the guise of being Constitutional. Justice will only return here with Christ.

F

How is this for an answer,
Not with any legal certainty. Texas has a law that a firearm older than 1899 or replica of a such a gun that is not center fire is not a firearm. That being said as soon as you treat a cap and ball pistol as a weapon then you can be arrested and charged with an illegal weapon. There has been a case of a man being convicted in Texas on weapons charges for a pre 1899 shotgun after the law was in effect and it was upheld on appeal. There hasn't been enough case law to draw a solid line on when and how you might be convicted but a felon carrying a CB pistol as a way to get around weapon restrictions would be begging to be made a test case. IMO

The penal code does not give you permission to do things. It outlines what you CANNOT do. If it is not outlined in the penal code then it can be done.

The penal code in 46.04 outlines the possession of a firearm by a felon with "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."

The penal code then defines a firearm in 46.01 as "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.

So even as a felon, you can be in possession of a C&B rifle or handgun as it IS NOT a firearm by the penal code's definition, you are even allowed under federal statute by the way the .Gov defines a firearm, "Any weapon (including a starter gun) which will expel a projectile by means of an explosive or is designed or may be readily converted to do so. This includes the frame or receiver of any such weapon, any firearm muffler or silencer or any destructive device.
A “destructive device” includes any explosive, incendiary or poison gas --- (i)bomb; (ii) grenade or (iii) similar device, or any combination of parts designed or intended to be converted into a destructive device, or from which a destructive device may be readily
assembled. Does not include black powder or antique type firearms. 18 USC §921(3).

bubba84 wrote:The penal code does not give you permission to do things. .......Does not include black powder or antique type firearms. 18 USC §921(3).

Which ignores the fact that someone has been convicted of it and case was upheld on appeal.

I think we can all agree that OP needs to consult a lawyer on this matter. We can speculate, but the law has many nooks and crannies that some of us may not know about (such as the case law mentioned here).

You can't get legal advice from an internet forum.

Felon wrote:Beiruty and others,

On the surface a pardon seems to be an easy fix...my mistake was not knowing my enemies better and believing that someone on Earth is more powerful than the corrupt who rule...Once convicted by and for the establishment, pardons are for people that are not a threat to the establishment. When I was given the option to look the other way or face persecution it left only the felony proudly worn.

What I am looking for here is the general consensus of the populace. The laws in the USA are all subject to interpretation and selective use in a judicial system operating under the guise of being Constitutional. Justice will only return here with Christ.

F

Just pointing out.... Beiruty didn't say "pardon", he said "purged", which is not the same thing (although I am not sure how one can purge a criminal conviction from a record, short of having the conviction overturned). You can also, if enough time has passed since conviction date, petition a court for restoration of your rights. In that case, you might still have a conviction on your record, but you also will have the same rights as anyone else.

Unless your conviction was for something absolutely heinous, that latter option seems a more reliable one. Mind you, I'm not saying you did something heinous, I saying unless your conviction was for something heinous......

You don't have to share what happened, but more information might make it possible for the more knowledgeable members here to provide a more detailed answer.

General consensus of the populace? Justice as deemed by Christ? Those can be completely different things and may have no bearing on your question, and neither would make it any more or less legal.

EEllis wrote:

bubba84 wrote:The penal code does not give you permission to do things. .......Does not include black powder or antique type firearms. 18 USC §921(3).

Which ignores the fact that someone has been convicted of it and case was upheld on appeal.

who was convicted?

Personally, I think this thread is a waste of time.

The Annoyed Man wrote:Personally, I think this thread is a waste of time.

I get the heebie geebies even thinking about this.

No one of us knows the OP personally. What ifs would open a can or worms. I suggest to lock up this thread. Best for OP to talk to his lawyer or the DA of his area.