Is a powder and lead ball considered to be ammunition?

UPDATED: Oct 2, 2022

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Is a powder and lead ball considered to be ammunition?

A protective order has been given to me. In the order it states no firearms or ammunition is to be in possession. A pre-1899 cap and ball revolver is not considered a firearm in TX or under federal law. However, is the powder and lead ball considered ammunition by the feds and or the state?

Asked on September 27, 2019 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The powder and lead ball would not be considered ammunition. An antique gun like the one you describe is specifically taken out of the definition of being a "firearm," such as under 18 U.S.C. Section 921. The definition of "ammunition" generally means ammunition for a "firearm"; therefore, if an antique gun is exempted from the definition of being a firearm, the powder and projectile for it is not for a "firearm"; not being for a firearm, it is not ammunition.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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