Can a felon legally own a Cap & Ball Revolver?

jrbfishn · Apr 3, 2020

An antique or a replica of an antique manufactured before 1899 and does not use a metallic cartridge.
It is in the Texas penal code. It has been a while, but I seem to remember similar wording in the federal statutes.
However, if even you have a conversion cylinder in you possession you risk the "readily convertable" clause. Even for BP cartridges.
It is also, IIRC, against state and federal statute for a felon to possess an explosive, such as BP, so they can only use the substitutes.
All that also depends on my feeble brain for accuracy.
Hence I gave him the same advice I give them all. Talk to a lawyer. Legal or not, they will tell you what they can defend you for doing and what you will go to jail for anyway.
Felons and any kind of firearms are a dicey combination no matter what the laws actually say.

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

m5215 · Apr 3, 2020

Ask Lionel Hutz.

baboon · Apr 4, 2020

I knew a few Outlaws that carried them 35 years ago. Only advice I have is "You might beat the rap, but you won't beat the ride"! Meaning if you get caught with it they are going to run your name, & find your a former felon your probabaly going to jail. Cops aint judges or lawyers.

Mowingmaniac 24/7 · Apr 4, 2020

"but I seem to remember" ah, ah, no...........

majormadmax · Apr 4, 2020

majormadmax said:
p.s. The advice to talk with a lawyer is the best you're going to get off the Interwebz! I strongly recommend it as well!

Dammit, the most important part was cut off. Corrected.

majormadmax · Apr 4, 2020

Texas Penal Code Sec 46.04 allows for a person with a felony conviction to possess a firearm on the premises where he lives, five years after the disposition of his conviction...

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

Mowingmaniac 24/7 · Apr 4, 2020

MMM,

Yes, with a caveat...5 years with zero criminal law encounters.

wiredgeorge · Apr 4, 2020

Here is the website of a lawyer who specializes in such things. Many of the things mentioned on this site are cited on this website.

https://www.rhjrlaw.com/unalwful-possession-firearm#firearm

If you do buy a cap n ball, a favorite is the 1851 Navy in .44. While this is a replica of the 1851 original, the original never can in .44 but .36. I would also buy a little better quality where the cylinder has cut out rests where the hammer can sit so it won't go discharge if the hammer strikes if dropped. The cheaper versions don't have these. A loaded black power 1851 is as effective a weapon as my 1873 Colt SAA replica in .45LC just takes a bit more to load.

Axxe55 · Apr 4, 2020

Quite a few members have given the OP solid, and the best advice. Consult an attorney to answer his questions.

Without a law degree, I can only truly speculate about legalities.

Moonpie · Apr 4, 2020

C&B’s are still considered deadly weapons.
Tread carefully.

TJjerry · Apr 4, 2020

I didn't catch it anywhere in this thread, but many states allow for felony convictions to be expunged if they are not "certain types". Might google 'expunging felony convictions' plenty of attorneys offer help there.

Axxe55 · Apr 4, 2020

TJjerry said:
I didn't catch it anywhere in this thread, but many states allow for felony convictions to be expunged if they are not "certain types". Might google 'expunging felony convictions' plenty of attorneys offer help there.

I'm pretty sure consulting with an attorney would cover that aspect.

TJjerry · Apr 4, 2020

Axxe55 said:
I'm pretty sure consulting with an attorney would cover that aspect.

It also covers applying to do it yourself.

Axxe55 · Apr 4, 2020

TJjerry said:
It also covers applying to do it yourself.

By all means, please expand and clarify for us exactly how that works.

philipgonzales3 · Apr 4, 2020

majormadmax said:
Texas Penal Code Sec 46.04 allows for a person with a felony conviction to possess a firearm on the premises where he lives, five years after the disposition of his conviction...

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

But this is still illegal at the Federal level.

philipgonzales3 · Apr 4, 2020

TJjerry said:
I didn't catch it anywhere in this thread, but many states allow for felony convictions to be expunged if they are not "certain types". Might google 'expunging felony convictions' plenty of attorneys offer help there.

Thank you. Unfortunately my felony is not able to be expunged. I've looked it up many times before. If I remember correctly any state jail drug felony in Texas is not able to be expunged. Something like that.

Axxe55 · Apr 4, 2020

Gee, why not just talk to an attorney?

Wouldn't that take speculation and opinions out of the equation?

baboon · Apr 4, 2020

Axxe55 said:
Gee, why not just talk to an attorney?

Wouldn't that take speculation and opinions out of the equation?

I can think of 2 reasons
1 First one he used didn't keep him out of prison.
2 They are expensive.

Axxe55 · Apr 4, 2020

baboon said:
I can think of 2 reasons
1 First one he used didn't keep him out of prison.
2 They are expensive.

Willie Nelson: You know why divorce lawyers are so expensive?
Because they are worth it!

baboon · Apr 4, 2020

Axxe55 said:
Willie Nelson: You know why divorce lawyers are so expensive?
Because they are worth it!

Your telling me? Hell the money I had stashed for a lion hunt went to one once years ago.

Can a felon legally own a Cap & Ball Revolver?

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