That’s what it looks like, given a newly enacted state statute. Until recently, Texas Penal Code § 31.03 provided that theft is “a state jail felony if,” among other things, “the value of the property stolen is less than $20,000 and the property stolen is insulated or noninsulated tubing, rods, water gate stems, wire, or cable that consists of at least 50 percent: (i) aluminum; (ii) bronze; or (iii) copper.” But the new statute deletes the text from “insulated” to “50 percent,” so that the new version now makes theft a felony when “the value of the property stolen is less than $20,000 and the property stolen is … (i) aluminum; (ii) bronze; (iii) copper; or (iv) brass.”

According to Wikipedia, most pre-1982 pennies would qualify, being copper, bronze, or brass, but probably more recent pennies would as well, if “brass” is just read as being a “metal alloy[] consisting mainly of copper and zinc.” In any case, an aluminum can would pretty clearly qualify — and, again, we’re talking about the theft being treated as a felony. And, of course, that means you’ll lose your right to keep and bear arms as well as facing a longer sentence. Or am I missing something? Thanks to Charles Blevins for the pointer.

Oh Texas, thank you for giving me something laugh about today. This law was obviously intended to stop people from stealing copper, but was worded so poorly that it’s going to send some poor sap to jail for collecting coke cans.