Hurley's Gold

Can a felon legally own a Cap & Ball Revolver?

The #1 community for Gun Owners in Texas

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • philipgonzales3

    New Member
    Rating - 0%
    0   0   0
    Apr 3, 2020
    10
    11
    San Antonio
    I was convicted of a Texas state jail felony when I was 19 years old (possession of controlled substance <2 grams). I was young and dumb and of course regret the poor choices I made when I younger. I am now 30 years old, hold a bachelors degree, and I actually work for the federal government (through a contracting company). Not that any of that stuff matters in relation to this topic, but just wanted to share that a felon can turn their life around and be a successful member of society.

    Anyway, as I understand it my right to bear arms will never be restored in Texas. I believe a pardon is the only way and from what I understand that is extremely unlikely. This has lead me to look into cap & ball black powder revolvers over the years. It is my understanding that I can own an antique cap & ball revolver, i.e.a gun made before 1899 that does NOT use rim fire or center fire ammunition.

    https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm

    Is this accurate? I figured this would be good place to ask.

    I have my eye on something like a Pietta Model 1858 New Army Stainless Steel .44-Caliber Black Powder Revolver.

    I am interested in owning it for self defense. It would be unlikely that I would need to use it for this, but I would rather have it and not need it...

    If I were to get it where could I practice shooting it and what would be the best way to transport it assuming I found somewhere to practice shooting it at?

    Anyway, thank you for your time. If you have any other suggestions please let me know. Like if I move to a different state can I own a gun? Not likely I will move but something I have always wondered. I am not really that versed in anything gun related.
     
    Last edited:

    toddnjoyce

    TGT Addict
    Rating - 100%
    4   0   0
    Sep 27, 2017
    19,285
    96
    Boerne
    Howdy. This question and very similar background comes up every now and then. Seems there was one in the last year or so.

    You might try the search function to see the responses there, as the laws haven’t changed.
     

    vmax

    TGT Addict
    TGT Supporter
    Rating - 100%
    8   0   0
    Apr 15, 2013
    17,305
    96
    8EA5AAD0-D994-4468-BC72-CDEEFFA2C2D1.jpeg
     

    Attachments

    • 8EA5AAD0-D994-4468-BC72-CDEEFFA2C2D1.jpeg
      8EA5AAD0-D994-4468-BC72-CDEEFFA2C2D1.jpeg
      170.4 KB · Views: 1,035

    philipgonzales3

    New Member
    Rating - 0%
    0   0   0
    Apr 3, 2020
    10
    11
    San Antonio
    Howdy. This question and very similar background comes up every now and then. Seems there was one in the last year or so.

    You might try the search function to see the responses there, as the laws haven’t changed.

    Thank you, I will have a look again. I did do a few searches before registering and none of them satisfied my doubt 100%, but I doubt anything will reassure me that it isn't at least a little bit sketchy. As in somehow or another it seems everything CAN be a crime depending on the circumstances.
     

    jrbfishn

    TGT Addict
    Lifetime Member
    Rating - 100%
    3   0   0
    Aug 9, 2013
    28,316
    96
    south of killeen
    Best advice,
    Talk to a lawyer. Do NOT base your future and freedom on advice from here.
    Technically, anything that falls in the category of curio or antique, you can on. But most of the cops I know will take you to jail and let lawyers figure it out.
    You can NOT have black powder. It is an explosive and illegal for felons to be in possession of black powder.

    You can use Pyrodex. It is a flammable substitute for black powder.
    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk
     

    philipgonzales3

    New Member
    Rating - 0%
    0   0   0
    Apr 3, 2020
    10
    11
    San Antonio
    Congrats to you for getting straight. I thought you'd be ok with a cap and ball, but that isn't something I'd mess with without a lawyer's advice.
    Antique Firearm
    They can be bought from a store without a 4473 and be shipped person to person without a FFL transfer.
    philip,

    Try calling a DA assistant.

    Man, whatever you do, don't rely on the information on the internet.
    Either pay an attorney for an hour of his consult time, or join Texas Law Shield (which you should if you intend to carry ANY kind of gun), and let them guide you. They'd also be the ones defending you if things went south.
    Best advice,
    Talk to a lawyer. Do NOT base your future and freedom on advice from here.
    Technically, anything that falls in the category of curio or antique, you can on. But most of the cops I know will take you to jail and let lawyers figure it out.
    You can NOT have black powder. It is an explosive and illegal for felons to be in possession of black powder.
    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk


    Yeah it seems it is better than to be safe than sorry. @jrbfishn I did not know this about black powder, I will look more into it to feed my curiosity.

    Everyone has given good advice about contacting someone on this, my worry is that even what they tell me is just word of mouth. Like if someone gives me bad advice it will be me doing the time not the lawyer/DA/Texas Law Shield, etc.

    Sounds like it may be something better left alone unfortunately. I have thought about getting one for years but always hesitate on it not being worth it, if something were to go south as far as law enforcement and my background.
     

    philipgonzales3

    New Member
    Rating - 0%
    0   0   0
    Apr 3, 2020
    10
    11
    San Antonio
    Hhmmm, my replica isn't an antique.

    That's not a fine distinction. It was manufactured just a few years ago.

    It's design is dated to say the least, but for all practical purposes, it's modern.

    Legally your replica is likely considered an antique firearm in the eyes of the law. It doesn't mean you are going to strike it rich on Antiques Roadshow or anything. The atf.gov article I posted earlier says that an antique is ANY replica that has not been redesigned to use rimfire or centerfire ammunition AND can not be readily converted to do so by replacing certain parts. Basically it's called an antique firearm because of the way the government defines what an antique firearm is, regardless of manufacture date.
     
    Last edited:

    Axxe55

    Retiretgtshit stirrer
    Rating - 0%
    0   0   0
    Dec 15, 2019
    47,022
    96
    Lost in East Texas Elhart Texas
    First of all, I'll preface this with I'm not an attorney and this advice is worth every penny that was paid for it.

    MM24/7 is correct. When the firearm was manufactured does matter, a lot.

    If you want to base your future on advice you have read on the internet, entirely your option. Best advice given, and I have to agree with, consult an attorney.

    Your original question, unless I'm mistaken, under federal gun laws, yes, it's legal for a felon to possess and own certain black powder firearms, BUT, because of that, some states and counties have passed laws and ordinances that prohibit felons from possessing or owning firearms.

    This is why it's best to talk to a real attorney, and not try to gather your information from the internet or a forum.
     

    majormadmax

    Úlfhéðnar
    Rating - 100%
    9   0   0
    Aug 27, 2009
    15,841
    96
    San Antonio!
    Technically, anything that falls in the category of curio or antique, you can on.

    I take it you meant "own," but I want to know what you are basing that on.

    In fact, I think you are confusing C&R weapons with antiques.

    Under the United States Gun Control Act of 1968, any cartridge firearm made in or before 1898 ("pre-1899") is classified as an "antique" and is generally outside of Federal jurisdiction.

    The GCA--which modified Title 18, U.S. Code--also exempted pre-1899 firearms from the Federal Firearms License paperwork requirements administered by the ATF:
    18 USC 921 (a)(16).

    (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (B) any replica of any firearm described in subparagraph (A) if such replica -- (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

    C&R firearms, as defined in Title 27, Code of Federal Regulations, Part 478.11 are those "...of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons." To be recognized by ATF as a C&R firearm, a firearm must fall into at least one of the following three categories:
    1. Firearms manufactured more than 50 years prior to the current date, not including replicas
    2. Firearms certified by the curator of a municipal, State, or Federal museum that exhibits firearms as curios or relics of museum interest
    3. Any other firearms that derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category requires evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.
    BLAB: An antique firearm would be a C&R, but not all C&Rs are antiques!

    p.s. The advice to talk is the best you're going to get off the Interwebz! I strongly recommend it as well!
     
    Top Bottom