Open Carry in TX, Unloaded

[AustinBoy]

I have a friend that does "mounted shooting" on horseback.
They use a single action revolver with black powder blanks.
The gun powder shoots far enough to pop a balloon but there is no bullet.

He wants to know if he can open carry.
He does a lot of parades and wants to open carry, unloaded, on horseback.

Legal?

There is not much special about the gun except it has a stainless steel lined barrel.
Officially, it will fire a real .45 caliber round.

Thanks
Ty

[Beiruty]

If he can prove that he is engaged in sporting activity he may get an exception. For now, open carry of handgung firearms is illegal in TX unless it falls under certain exceptions.

[Pawpaw]

He would be on much more solid legal ground if he wore a toy gun under those conditions. Then it would just be part of his "costume".

Reportedly, Wild West Toys in Azle has some good ones. I'm not sure if they have any full-sized guns though.

[nyj]

It's a real gun, so yeah, no.

[karl]

I agree with the others.

The gun powder shoots far enough to pop a balloon but there is no bullet.

Isn't that the wad popping the balloons?

[denwego]

IINAL, but I would argue that it would be allowed under §46.15(j)

(j) The provisions of Section 46.02 prohibiting the carrying of a handgun do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission.

The rules issued by the TABC are listed in http://www.tabc.state.tx.us/laws/rules/Chap36.pdf" onclick="window.open(this.href);return false; - unloaded, kept in possession of reenactor, etc.

The way I read it, the TABC set the guidelines for when they think it's acceptable to have a handgun on licensed/permitted premises, but it's obviously not the case that historical reenactments only take place in areas which sell alcohol. §46.15(j) reads in plain-language that as long as you follow the regulations, location is meaningless and it's OK to carry an appropriate period pistol or revolver. And all this assumes you run afoul of someone with a badge in the first place... someone in a bona-fide parade, dressed up like a cowboy/soldier and carrying a cap-n-ball or a SAA? I'd be really hard pressed to think of anyone who's enough of a schmuck to get bent out of shape about that in Texas

[nyj]

Is being a cowboy a historical reenactment? Mounted shooting certainly isn't a historical reenactment.

Regardless, I agree that in an actual parade, it would be very unlikely to find any LE officer that would go through the trouble of bothering him about it. Most would assume it's a prop, and really, he should just use a prop since he won't be doing any shooting.

[Beiruty]

parade is not a historic enactment. I guess, let your friend buy a soft version or prop gun like in the movies and carry that in the parade. It is not worth it to get arrested for carrying a live handgun in the parade.

But wait a sec, can't you friend claim that he is traveling while riding on the horseback? It is an exception. But, testing in court good be costly. proceed with cautious.

[MoJo]

parade is not a historic enactment. I guess, let your friend buy a soft version or prop gun like in the movies and carry that in the parade. It is not worth it to get arrested for carrying a live handgun in the parade.

But wait a sec, can't you friend claim that he is traveling while riding on the horseback? It is an exception. But, testing in court good be costly. proceed with cautious.

Ummmmm - the gun has to be concealed while traveling. Buy a prop gun.

[flb_78]

If it's a black powder gun, then it's not a firearm by Texas law and can be carried openly.

[denwego]

parade is not a historic enactment.

The ren faire isn't a "historical enactment" either, but I haven't seen too many people arrested for carrying swords, daggers, and flintlocks in the years I've been going, as long as they're unloaded and peace-tied. It's not specifically authorized by law, for lack of a better word, but Texas has a huge amount of case law talking about common-sense exceptions to weapons laws as precedent, and a cowboy on horseback in a parade is common-sense not a person to be concerned about sportin' a hog-leg over his chaps.

But wait a sec, can't you friend claim that he is traveling while riding on the horseback? It is an exception. But, testing in court good be costly. proceed with cautious.

On second thought, this is the argument I would use in court. After all, it would be incumbent on the prosecution to prove I wasn't driving cattle to Kansas

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Edit -

If it's a black powder gun, then it's not a firearm by Texas law and can be carried openly.

When I first read his question, this is what I thought as well. But I think he's talking about a black-powder-frame SAA, which would be a cartridge firearm and couldn't be carried if it were made after 1898... if I'm wrong and he's thinking about carrying a cap-n-ball, all of this is moot!

[ScottDLS]

parade is not a historic enactment. I guess, let your friend buy a soft version or prop gun like in the movies and carry that in the parade. It is not worth it to get arrested for carrying a live handgun in the parade.

But wait a sec, can't you friend claim that he is traveling while riding on the horseback? It is an exception. But, testing in court good be costly. proceed with cautious.

Ummmmm - the gun has to be concealed while traveling. Buy a prop gun.

Noooooo... actually the traveling exception is silent on whether the gun must be concealed. So if you are traveling, you may carry openly.

TXPC 46.15
...
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the
armed forces or state military forces as defined by Section 431.001,
Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity
on the immediate premises where the activity is conducted, or is en
route between the premises and the actor's residence or motor
vehicle, if the weapon is a type commonly used in the activity;

[Beiruty]

parade is not a historic enactment. I guess, let your friend buy a soft version or prop gun like in the movies and carry that in the parade. It is not worth it to get arrested for carrying a live handgun in the parade.

But wait a sec, can't you friend claim that he is traveling while riding on the horseback? It is an exception. But, testing in court good be costly. proceed with cautious.

Ummmmm - the gun has to be concealed while traveling. Buy a prop gun.

Traveling exception did cover open an concealed carry if I remember correctly. If the law was changed then I could be wrong. Open Carry advocate do carry openly while traveling from city to city (I guess long distances, like from Dallas to Houston)

[TexasFlash]

If it's a black powder gun, then it's not a firearm by Texas law and can be carried openly.

Reallly? hmmm....can you cite, please?
thanks,
Dave

[apostate]

If it's a black powder gun, then it's not a firearm by Texas law and can be carried openly.

Reallly? hmmm....can you cite, please?
thanks,
Dave

I believe he's alluding to 46.01(3)(B) in the penal code.