What weapons are prohibited in the state of Texas?
It is important to remember that not only the possession of some weapons, but also being involved in the manufacture, transport, repair or sale of certain weapons is a criminal offense in the state of Texas.
Section 46.05 of the Texas Penal Code Prohibited Weapons spells it out in plain English.
§ 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
However, there are also a few defenses to prosecution under this section of the Law:
1. According to Subsection (b) If it can be proved that your conduct was incidental to the performance of official duty as a member of the armed forces, National Guard, a governmental law enforcement agency, or a correctional facility.
2. According to Subsection (c) If it can be proved that your possession was pursuant to registration pursuant to the National Firearms Act as amended.
3.According to Subsection (d) If it can be proved that your conduct was incidental to dealing with a switchblade knife, spring blade knife, or short-barrel firearm solely as an antique or curio, or was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency or institution listed in Subsection (b).
4. According to Subsection (e) Possession of these prohibited weapons is a felony of the third degree unless possession is a switchblade or knuckles. These two possessions are classified as Class A misdemeanors.
5. According to Subsection (f) If the person in possession of a chemical dispensing device is a security officer and has received training on the use of the chemical dispensing device by a training program that is provided by the Commission on Law Enforcement Officer Standards and Education or approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.
If you have been charged with the possession of an illegal weapon in the state of Texas, it would be wise to engage the services of an experienced criminal lawyer such as Brian Corrigan. He has tried over 150 jury trials and handled over 2,000 felony and misdemeanor cases in crimes ranging from driving while intoxicated and family violence to drug trafficking, white collar crime, child abuse, and murder.