Legal Question in Constitutional Law in Texas
Carrying/Concealing Antique
I own an 1851 Navy brass .36 cal. revolver. I'm not a felon. I know this gun is considered an "antique" and is excluded from the category labeled "Firearms" due to the fact that it does not fire a modern round of rim/centerfire cartridge and because it's a replica of gun manufactured before 1899. I also know that this gun can be legally carried/concealed on person or in vehicle. What I don't know is, can this weapon be loaded at the time of concealment? Also, is there an age requirement to carry/conceal this weapon?
1 Answer from Attorneys
Re: Carrying/Concealing Antique
WARNING If you carry a dangerous instrument in a concealed manner without a permit, in every
state that I am aware of you are violating the law and subject to arrest.
A box cutting knife is a tool, yet if you get into a fight and use it, or are arrested for some offense and it is found on you, you will have a serious problem.
Besides State and Federal law, many Counties and Cities have additional restrictions concerning
firearms and dangerous instruments. The Federal firearms statutes are just the beginning. Consult
your local police of sheriff�s office.
If you carry a weapon in your vehicle, it should be for legitimate transport purposes such as taking it to the range, hunting, or to be sold or repaired. It should be boxed unloaded and kept in the trunk or otherwise out of reach of the driver or passenger and separate from the ammunition. Even better carry it disassembled. While some states like Georgia have fairly liberal policies, this is simply not a joking matter. If you need a gun for protection and are not a minor, get a permit and a modern gun.
Since you asked about the age requirement, I am assuming you are minor, you should not be
carrying this weapon at all. Most Juvenile Court Judges are going to make very short shift of any
defenses you might raise if you have any pistol on you, working or unworking. As a former police
officer and prosecutor, please take my word for it that this is somewhere you do not want to go.
A 36 Navy is not a toy, it is weapon that in its time killed hundreds of people and is capable of
blowing a sizable hole in a human being, and yes I own one. From a safety stand point, as a single
action cap and ball it is not suitable for concealed carry, which why I have a Glock. Basic safety precautions for this weapon include never loading more than five chambers (hammer on empty
chamber) and coating the front of cylinder with either beeswax or grease to prevent chain fire.
Further, the brass frame without top strap is not very strong and it has very precise loading
requirements. It is a seminal event in your life to watch your barrel go down range and then count your fingers. Also the thing
can cook off if you leave it loaded in a hot car (can you say law suit?). If you are a black power
enthusiast, then I suggest you acquire a Ruger Old Army 44 and leave the 36 Navy on the wall as a
decoration. Besides being a former police officer, service in the Marines, an EIB, and two patents on firearms should indicate to you that I have at least some small expartise in this area.
If we can be of assistance, please contact us at Forrester & Associates, 256-435-1007.