Texas-Book-Gun Law Armed And Educated - Flipbook - Page 78
Muzzle loading
In addition, federal law does not consider “any muzzle loading rifle,
muzzle loading shotgun, or muzzle loading pistol, which is designed
to use black powder, or a black powder substitute, and which
cannot use fixed ammunition” as a firearm. Be aware, however,
that the term “antique firearm” does not include: any weapon
which incorporates a firearm frame or receiver; any firearm which
is converted into a muzzle loading weapon; or any muzzle loading
weapon which can be readily converted to fire fixed ammunition by
replacing the barrel, bolt, breechblock, or any combination of these
parts. See 18 U.S.C. § 921(a)(16)(C).
2. Texas definition of “antique firearm”
Pre-1899
The Texas definition of firearm excludes “antique firearms” by
not including any firearm that is an antique firearm manufactured
before 1899, or a replica of an antique firearm manufactured before
1899, but only if the replica does not use rim fire or center fire
ammunition. See Tex. Penal Code § 46.01(3). This is similar to the
federal definition, simply stated differently.
3. Differences in federal and Texas law
The area where the federal and Texas definitions of what is not
a firearm differ the most is in the use of black powder firearms.
Although the language appears different, the years of manufacture
for firearms that are classified as “antiques” are both the same
under federal and Texas law; antique firearms are ones that were
manufactured before 1899. However, the federal law takes things
one step further by providing a separate section exempting muzzle
loading firearms designed to use black powder or a black powder
substitute so long as the firearm cannot be readily converted to
Legal Definitions And Classifications Of Firearms: What Is Legal? | 67
