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Legal age to own muzzleloader in Texas

Discussion in 'Blackpowder' started by Jdtanner1, Jul 27, 2014.

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  1. Jdtanner1

    Jdtanner1 Member

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    I live in Texas and was wondering the the minimum age requirement to buy any type of muzzleloader was. I am 15 years old and was looking to buy a derringer kit to build and not sure if I can legally buy it.
     
  2. TX Mudcat

    TX Mudcat Member

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    I would guess 18 to purchase yourself, but probably 16 to own. Not sure though.
     
  3. mec

    mec Member

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    Might look up Ch 46 texas pc -googles up a pdf file. The last time I read it, non cartridge firing replicas were not considered firearms and were not regulated. The definition hand gun begins - "A firearm that is...." So they are not regulated either and it has been technically legal to wear one on the street. That never seems to work out very well though.
     
  4. rodwha

    rodwha Member

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    Legal if it's unloaded. And I'm uncertain as to what's unloaded here in TX as some places call it unloaded as long as there are no caps on the nipples but powder and projectile seated.

    A few guys were arrested in Austin for this and I haven't heard what happened to them (arrested for open carry of an unloaded percussion pistol).
     
  5. 4v50 Gary

    4v50 Gary Moderator Staff Member

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    The guys in Austin had the charges dropped. I forgot whether there was an out-of-court settlement.
     
  6. rodwha

    rodwha Member

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    Hmmmm… Good that they didn't attempt to change the laws or find a different charge.
     
  7. mec

    mec Member

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    Chapter 46 from Definitions:
    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 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.

    ........
    (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.

    I find no changes in the CODE or the section of the code that has changed since I taught the subject. Firearms and Weapons are enumerated and no where is an antique or curio weapon not firing fixed cartridges regulated in the code. The people who wore them in public during a protest might have been arrested on the "Duck Principal" and later released when it was clarified that no violation existed. If it looks like a handgun openly carried, works like a handgun then no police officer is going to get into any hot water for treating it exactly like a handgun until all of the information is evaluated. A few more open carry demonstrations like this, and the lege will entertain bills to treat percussion /flint etc arms exactly like cartridge firearms.

    "Loaded" is not defined in the Code. The closest mention comes under allowing a Readily Dischargeable Firearm to come into the possession of a minor. A RDF is defined as "a firearm that is loaded with ammunition whether or not there is a cartridge in the chamber."
     
  8. Jdtanner1

    Jdtanner1 Member

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    Cool, thanks for the help. I just ordered a kit abd no age was asked.
     
  9. rodwha

    rodwha Member

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    I don't recall where I had seen, though I'm fairly certain it was in conjunction with the men in TX that were arrested not too long ago, but cannot seem to find what they "proved" having given links or some such. With what little I've recently seen (today) there is no clause that it be unloaded, though I was certain they had pointed that out back then.
     
  10. mec

    mec Member

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    back in the olden days when handgun shooting and hunting were getting popular, it was pretty much illegal to carry them anywhere though there were exceptions a judge might take into account. At at time, lecturers on the subject stressed that there law didn't differentiated between loaded and unloaded, visible or concealed etc etc. The child safety law and the language about "readily dischargeable firearm" is the first time it entered the PC>
     
  11. TX Mudcat

    TX Mudcat Member

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    It's tough to say. Since they're not "firearms", they really aren't addressed much.
    I think those guys in Austin were arrested for Disorderly Conduct, being that DPS interpreted their wearing of the pistols as trying to "cause alarm". I believe charges were dropped though.
     
  12. mec

    mec Member

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    It might be fun to study Chapter 42 pc "Disorderly Conduct" It covers drunkenness, cursing, making the gesture window peeping and a lot of other stuff. Don't recall anything related to the BP revolvers but somebody might find a near fit.
    A generation or more ago the old criminal code had a violation called " Rude Display of a Deadly Weapon. It fell out during the revision of the late 70's.
     
  13. mykeal

    mykeal Member

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    ...which brings up the question, "What is an UNrude display of a Deadly Weapon?"

    The mind boggles.
     
  14. TX Mudcat

    TX Mudcat Member

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    One pointed at the bad guy...
     
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