Here are some questions that stemmed from a bit of Penal Code research:
1) Given the definition of "firearm" in Penal Code section 46.01, and handgun which flows from it, is a CHL needed to carry a pre-1899 handgun?
2) If not, then is there any reason why it couldn't legally be carried openly, partly concealed, or concealed, as decided by the carrier?
3) Futher, would a pre-1899 handgun be exempt from all of the other prohibitions in section 46 (42 -- prohibited places, UCH by a license holder, etc.).
4) Since Section 42 (Disorderly Conduct, among other things) doesn't define "firearm" nor does it refer to a definition elsewhere do you think simply openly carrying a holstered pre-1899 handgun would qualify as disorderly conduct within the definition of 42.01(a)(8) ("displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;")
5) Is there any other provision of law that could make the carry of a pre-1899 firearm, openly, partly concealed, or concealed a crime or that it would be a crime given certain circumstances (time, place, location, manner, etc.)?
6) Is there any case law on this topic?
7) If one were arrested and initially charged with UCW or any other Section 46 charge
which was later dismissed, would the arrest alone cause other problems (you'd have to disclose it on your CHL renewal form wouldn't you?)? Could you have it expunged or otherwise wiped away since you never actually violated any law?My thoughts as a non-lawyer:
1) Jackpot! This appears to exempt you from all the things we dislike about the TX handgun laws: UCW w/o a CHL, CHL being concealed only, 51%/court offices/other prohibited places.
2) Internet references don't really mean much unless they are from a government agency but here are a few that are interesting that relate directly to pre-1899 weapons and how TX law is written:
http://www.rawles.to/Pre-1899_FAQ.html
Non-government source discussing pre-1899 firearms for federal and state law purposes.
http://www.tpwd.state.tx.us/publication ... unt/means/
Texas Parks & Wildlife about felons in possession for hunting. They say pre-1899 is LEGAL because of the 46.01 definition.
http://www.tea.state.tx.us/safe/ch37/37.007.htm
Texas Education Agency recognizing that pre-1899 weapons aren't "firearms" for the purposes of mandatory explusion.
3) Having "prohibited places" be not-applicable would mean that you could carry darn near anywhere (yes, there are exceptions like federal property, Indian reservation, etc., but from a state point of view, it is darn near everywhere).
What am I missing?! It seems like the ultimate "carry-anywhere-for-free" solution.
