A question about carrying relics.

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TrackinPat
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Location: Houston, Texas

A question about carrying relics.

Post by TrackinPat »

In the other forum we were speaking about the two demonstrators who were arrested at an open carry rally this past week while openly carrying black powder pistols... this got me curious.

http://texaschlforum.com/viewtopic.php?f=94&t=69778" onclick="window.open(this.href);return false;
(I did search and several threads danced around the subject but none seemed to directly answer my question)

Could you CONCEAL CARRY a black powder/curio/relic weapon? Like a Colt SAA or a Navy revolver, etc.? Not that I would want too, but I don't recall a law prohibiting it off the top of my head?
srothstein
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Location: Luling, TX

Re: A question about carrying relics.

Post by srothstein »

These cases will help determine the correct answer to your question. The legal question is if the law intended them to not be firearms for carrying and use or just for buying and collecting.

If they are firearms for the purpose of carrying and use, then you can conceal carry it if you have a valid CHL and all CHL laws apply. If they are not firearms for that purpose, then you can do what you want with it, carry openly or concealed.

I freely concede that the intent of the legislature was probably not to make them not firearms for the purpose of carrying, but the written law does not reflect that intent. It makes them not a firearm for the purposes of chapter 46 completely. And the intent should only be taken into account by courts when the law is unclear or vague. But it seems like someone has posted several court citations where the intent was the basis for the ruling, despite the clear wording of the law.
Steve Rothstein
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bmwrdr
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Re: A question about carrying relics.

Post by bmwrdr »

I saw the news and I was really impressed how calm the police officers were.
I scarified political correctness to preserve honesty ︻╦̵̵͇̿̿̿̿══╤─
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