My understanding is that a blackpowder is not considerd a weapon which makes it possible to get one mailed to you. Ned refernce too your answer so that I can verify. thanx.
2007-04-11 03:00:27 · 11 answers · asked by romo0950 2 in Politics & Government ➔ Law Enforcement & Police
Federal law states that a convicted felon or a person convicted of a crime of misdemeanor domestic violence may not own a firearm. Even though it's blackpowder, it's still a firearm. However, you can still bowhunt.
2007-04-11 03:05:28 · answer #1 · answered by Gemma 5 · 0⤊ 0⤋
The issue here is not just one law but two.
Federal law...does not list nor define black powder or a muzzle loaded weapons as those weapons prohibited by a convicted felon. (re: TITLE 26 Subtitle E CHAPTER 53 Subchapter B PART I § 5845 Definitions)
State laws, however, differ from Federal Code! In most cases the state does not distinguish the differences, as does Federal Code, in weapons classification and specifically the term "firearm." Because there are no exceptions to those state laws, there are no exceptions to the type of firearms prohibited.
A convicted felon in possession of a firearm as defined by US Code could be convicted in federal court for the offense. However, under the circumstances discussed in your question, you would not be tried in federal court but state court which would have jurisdiction over the offense by Texas law.
The below listed websites refer to US Code and Texas State law concerning the possession of firearms by convicted felons.
Best wishes.
2007-04-11 04:36:41 · answer #2 · answered by KC V ™ 7 · 0⤊ 0⤋
The state of Texas states that under the Unlawful possession of a Firearm statute in the penal code that convicted felons, persons convicted of domestic violence, etc can not possess firearms; however, these subjects can possess curio firearms, firearms produced before 1898, or a weapon designed and assembled as a replica of a weapon produced prior to 1898
2007-04-11 13:45:20 · answer #3 · answered by txpolice_85 2 · 0⤊ 0⤋
I can't be positive about texas but some black power weapson are considered primative weapons because of their design. In some states weapons black powder rifles manufactured in the 1800's or replica'a of weapons manufactured during that time period are considered primative weapons and felons can possess and hunt with them. Possession of a modern in-line muzzle loading rifle with a rifled barrell would be a violation. In Virginia if you can fire a projectile propelled by powder from it a felon can't possess it. At least our court rules that you can't.
2007-04-11 09:09:58 · answer #4 · answered by Keith 5 · 0⤊ 0⤋
A Firearm under Texas law is anything designed to expell a projectile, so no, a felon may not possess a black powder firearm.
http://dao-web.dao.hctx.net/ie/TEXAS%20WEAPONS%20LAWS.pdf
2007-04-11 05:16:23 · answer #5 · answered by chuck_junior 7 · 0⤊ 0⤋
the fact that it can be mailed is because it does not have a reciever per se. it is a firearm as it lauches a bullet. if this is about hunting you may want to call you wildlife office to see if you can even get a license with a felony.
2007-04-11 03:03:45 · answer #6 · answered by gsschulte 6 · 0⤊ 0⤋
The statement that a black powder gun is not a weapon sounds pretty far-fetched.
2007-04-11 03:04:22 · answer #7 · answered by tumbleweed1954 6 · 0⤊ 1⤋
Black-powder guns are not listed as a firearm so yes they can own one... however they may not be able to buy the black-powder!
2007-04-11 03:09:54 · answer #8 · answered by BigBadWolf 6 · 1⤊ 2⤋
I don't think they can possess any type of guns at all, abeit modern , or black powder.
2007-04-11 06:00:24 · answer #9 · answered by WC 7 · 0⤊ 0⤋
Just don't live on my street!
x
2007-04-11 03:40:57 · answer #10 · answered by Anonymous · 0⤊ 1⤋