Texas-Book-Gun Law Armed And Educated - Flipbook - Page 79
fire fixed ammunition. Texas law has no such exception for black
powder firearms; only firearms that were produced prior to 1899,
or which are replicas of weapons that were actually produced prior
to 1899, are excluded.
This demonstrates one of the few examples where federal law is
less restrictive than state law. By these definitions, a person who
could not otherwise legally possess a firearm under federal law,
could legally possess a muzzle loading rifle or pistol designed
to use black powder that is not a replica of any weapon that was
actually previously manufactured before 1899, because federal law
does not consider such a weapon to be a firearm due to its mere
use of black powder. However, under Texas law, if a black powder
gun is a modern black powder firearm and not a replica of an “old”
pre-1899 firearm, it is considered a firearm under the Texas Penal
Code, and it is not an “antique firearm.” The possession or use of
such a black powder firearm would be subject to all other Texas
laws governing the use of firearms. Texas only excludes from its
definition of firearms weapons designed to use black powder if
they were actual weapons manufactured prior to 1899 or replicas
of actual weapons manufactured prior to 1899.
E. Which firearms are illegal?
Under Texas Penal Code Section 46.05, certain firearms are
prohibited or illegal under Texas law when they are not registered
with the ATF pursuant to the National Firearms Act. See Chapter 18
for more information on the NFA. These firearms include:
• Explosive weapons;
• Machine guns; and
• Short-barreled firearms.
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