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Our office is requesting information or comments from other prosecutorial offices regarding the possession of replica firearms by convicted felons. Our jurisdiction recently experienced a situation where a felon committed the offense of murder by shooting his victim with a replica of an antique cap and ball revolver. Penal Code Sec. 46.01(2)(B)specifically excludes firearms that are replicas of antique firearms manufactured prior to 1899 that does not use conventional ammunition, meaning that a convicted felon may lawfully purchase and possess an otherwise working firearm of this type. In the case we experienced the offender, who had served a prison term for attempted murder and who would otherwise be eligible for prosecution under Sec. 46.04, legally purchased a replica .36 Caliber Remington Model 1858 Navy cap and ball revolver from a well known hunting/fishing outlet. The offender later used this pistol to commit murder of another individual. Obviously the offender is charged with murder, however, we have received information that other local felons are taking advantage of this "loophole" in an attempt to carry these deadly weapons under conditions when they are otherwise prohibited from possessing a conventional firearm. We would like to hear from any of the other offices and agencies that are experiencing this sort of problem. | ||
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