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Zonie, the text of the Texas law here (46.01) is being GROSSLY misinterpreted. The law is not saying that antiques and replicas are not defined as firearms, it's saying antiques and replicas having features illegal to firearms in general under state law, are not subject to those prohibitions. It's a grandfather clause for pre-1899 weapon designs, not license to carry and use antique or replica firearms in lieu of modern weapons.
A good case to cite is Cantu v. State 802 S.W. 2d 1 (TX Appeals Ct). He made the argument, and lost.
For any Texas felons:
A good case to cite is Cantu v. State 802 S.W. 2d 1 (TX Appeals Ct). He made the argument, and lost.
For any Texas felons:
Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor.