Can a convicted felon possess and hunt with black powder firearms in Texas?

Answer 1

Under US Code, Title 18, black powder arms, unless they are antiques, are classified as firearms. The possession of firearms by felons is prohibitted.

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BELOW IS A BREAKDOWN OF THE U.S. CODE MENTIONED ABOVE THAT SUPPOSED TO CLASSIFY BLACK POWDER ARMS AS "FIREARMS" WHICH THEY ARE NOT. TO BE PRECISE THEY ARE CLASSIFIED AS "ANTIQUE FIREARMS" AND ARE REGULATED TOTALLY DIFFERENT. WHOEVER POSTED THIS IS DISSEMINATING FALSE INFORMATION FOR WHATEVER REASON

FOR THOSE OF US THAT PREFER TO JUST READ THE PARTS THAT ARE PERTINENT TO THIS DISCUSSION I HAVE PUT THAT INFORMATION IN BOLD BELOW.

U.S. Code Title 18 (Crimes and Criminal Procedure) Part I (Crimes) Chapter 44 (Firearms) Section 921 (Definitions) States what is to be considered a firearm by U.S. law.

Subsection (a)(3) The term "firearm" means

(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

(B) the frame or receiver of any such weapon;

(C) any firearm muffler or firearm silencer; or

(D) any destructive device. Such term does not include an antique firearm.

Notice (a)(3)(D) says "Such term (e.g. firearm) dose not include an antique firearm."

Now one may ask what is an 'antique firearm'?

Under the same section, subsection (a)(16) The term "antique firearm" means-

(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or

(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; or

(C)any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term "antique firearm" shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

This last Subparagraph is the key, it says that a muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.

Muzzle Loaders that can not shoot a fixed ammunition (e.g. a cased bullet like modern weapons use) are considered 'Antique Firearms'. and there for are not regulated like a 'Firearm' is.

I do not presume to know what kind of stipulations are imposed on felons that are on parole as that is up to the judge and parole officer, and there for all this post is for is to correct the previous post that black powder muzzle loading weapons are considered 'firearms' and there for are regulated as such because they are not.

Also any one that is affected by such restrictions (felons) should always contact the local District Attorney or their parole officer for further explanation for their specific case as these things are dealt with on a case per case basis, you should never assume that something like this is legal based on an Internet forum discussion otherwise you could subject yourself to further incarceration.

Answer 2

No, convicted felons are barred by US Federal Law from owning any type of firearm.

Another View: Texas is one of the few states that DOES grant convicted felons certain very limited rights to possess firearms. It is not automatic and you will have to research your own situation to determine if you qualify for this privilege.