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Posted: 9/15/2003 5:02:57 AM EDT
[Last Edit: 9/15/2003 5:07:10 AM EDT by cluster]
was looking for the a law on 18 yr olds owning handguns.. and came across this.

I hear a switch blade is ok to own you just cant carry it with you like a reg knife. < am I right? pls correct me if Im wrong.>

then I came to this..
(d) It is an affirmative defense to prosecution under this section that the actor's conduct:

(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio; or


kinda on the same line as the switchblade info..

does this mean a short-barrel firearm can be treated the same as a switchblade? <and what is considered "antique or curio" >

NO gentlemen I have no plans to do this just seemed intersting enough to bring up.. <either that or it is too early in the morning for me>


now back to the question I started looking for..
can some one under 21 and over 18 own a handgun? I know they cant buy it but can they own one. < again .. just might be too early >

there is a 19 yr old at work that is into shooting.. has several rifles but no hand guns.. wants to know if a prtvite transfer is OK.. < and NO im not the one selling the handgun... and I like the fact that this kid will ask these type of questions before the sale.. told him Id have an answer by noon so... hurry up! >



www.capitol.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=YUBLIFUITLHU&CQ_QUERY_HANDLE=127050&CQ_CUR_DOCUMENT=3&CQ_TLO_DOC_TEXT=YES

§ 46.05. Prohibited Weapons
(a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.

(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.

(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:

(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio; or


(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b).

(e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 918, ch. 342, § 15, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, § 2, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(47), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


Link Posted: 9/16/2003 4:16:05 AM EDT
I am not a lawyer. However, it is my impression that those aforementioned weapons are not illegal to own if they are obviously "antiques" and are treated as such.

Like 98% of all laws, this one is ambiguous and definitions are lacking or absent. However, I suspect that "antique" as it applies to weapons is defined somewhere in the Texas statutes. Or, they may defer to a Federal definition. In that case, an antique firearm is one made prior to 1/1/1899, and is by Federal Law, not a firearm. Exceptions would be any antique that is an NFA-regulated weapon (such as a Hotchkiss Gun). However, State and local laws often prohibit the possession and carrying of antique firearms as they are treated just like any other firearm. A good example is replica black powder weapons. Though the Fed has little or no interest in these as firearms, you run the risk of breaking many other laws if you were to carry, open or concealed, one of these, without "permission."

When it comes to switchblades, again, it depends on who is defining "antique" in this case and how badly they want to screw somebody.

Regards,
Mahatma
Link Posted: 9/16/2003 2:15:26 PM EDT

Originally Posted By cluster:

(4) a firearm silencer;





Hmmm? I have no clue. Since the CLEO is required for a silencer, but it IS legal to own, that means something else supreceded state law on the issue.

Same for SBRs?

I was planning to SBR a lower so that I could shorten my 9mm carbine and use it for hunting. Interesting that a SBR is 'illegal' along with a silencer.

TRG
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