Prohibited Weapons in Texas: Common Charges and Legal Consequences

Texas is known for having relatively firearm-friendly laws, but that does not mean every type of weapon is legal to possess, manufacture, transport, repair, or sell. Texas law specifically restricts certain weapons and devices because of their potential danger to the public.

Understanding prohibited weapons in Texas is important because a weapons charge can result in a felony conviction, significant fines, imprisonment, and other long-term consequences. Texas Penal Code § 46.05 identifies several categories of prohibited weapons and makes certain conduct involving these items a criminal offense.

What Are Prohibited Weapons in Texas?

Under Texas Penal Code § 46.05, a person may commit an offense by intentionally or knowingly possessing, manufacturing, transporting, repairing, or selling certain prohibited weapons. The law covers more than traditional firearms and includes several other dangerous devices.

Common examples include:

• Explosive weapons

• Machine guns

• Short-barrel firearms

• Armor-piercing ammunition

• Certain chemical dispensing devices

• Zip guns

• Tire deflation devices

• Improvised explosive devices

However, the law contains specific definitions, exceptions, defenses, and federal-registration considerations. Therefore, whether a particular item is legally prohibited can depend on the exact weapon, how it is classified, and the circumstances surrounding possession or use.

Common Prohibited Weapons Charges

1. Possession of a Machine Gun

A machine gun is generally capable of firing multiple rounds automatically through a single function of the trigger. Texas law restricts possession of machine guns unless an applicable exception applies, including certain federal registration or classification circumstances.

A person who knowingly possesses such a weapon without meeting the applicable requirements may face a serious criminal charge.

2. Possession of a Short-Barrel Firearm

Short-barrel firearms are another category regulated under Texas law. These can include certain rifles and shotguns that fall within the statutory definition.

Federal law may also apply to short-barrel firearms, making these cases more complicated. Registration, federal classification, and the specific characteristics of the firearm can all matter when determining whether possession is lawful.

3. Possession of an Explosive Weapon

Explosive weapons are also listed among prohibited weapons. These cases can be particularly serious because explosives can create significant risks to people and property.

Depending on the circumstances, a person may face additional state or federal charges if an explosive weapon is allegedly used, manufactured, transported, or possessed.

4. Armor-Piercing Ammunition

Texas law also prohibits certain conduct involving armor-piercing ammunition. The statute generally makes intentional or knowing possession, manufacture, transportation, repair, or sale of listed prohibited items an offense. Certain statutory defenses and exceptions may apply.

Because ammunition can look ordinary while having a specific legal classification, it is important to determine exactly what type of ammunition is involved before assuming it is lawful.

5. Zip Guns and Improvised Explosive Devices

Texas law specifically identifies zip guns and improvised explosive devices as prohibited weapons. A zip gun generally refers to an improvised firearm designed or adapted to fire a projectile.

An improvised explosive device can involve a homemade or improvised device designed to cause an explosion. Cases involving these items can raise serious questions about intent, possession, construction, and potential federal violations.

What Are the Legal Consequences?

The consequences of a prohibited weapons conviction can be substantial. Under Texas Penal Code § 46.05, an offense is generally classified as a third-degree felony, although possession of a tire deflation device under the applicable subsection is classified as a state jail felony.

A third-degree felony in Texas can carry 2 to 10 years in prison and a fine of up to $10,000. A state jail felony generally carries 180 days to 2 years in a state jail and a fine of up to $10,000, subject to applicable Texas sentencing laws.

A conviction may also create consequences beyond the immediate sentence. These can include difficulty obtaining employment, housing, or professional opportunities and potential restrictions on firearm possession.

If the weapon is connected to another alleged offense, such as assault, robbery, drug activity, or another serious crime, additional charges and penalties may apply.

Are There Exceptions to Texas Prohibited Weapon Laws?

Not every case involving a restricted weapon automatically results in criminal liability. Texas law provides specific defenses and exceptions.

For example, § 46.05 recognizes a defense when the conduct was incidental to the official duties of certain members of the armed forces, National Guard, governmental law enforcement agencies, or correctional facilities. The statute also provides specific affirmative defenses involving certain antique or curio items and other circumstances.

Federal law can also be important. Some weapons may be lawful when properly registered or otherwise exempt under applicable federal requirements. This is one reason prohibited weapon cases should be evaluated based on the exact item and circumstances rather than general assumptions about Texas gun laws.

What Should You Do If You Are Charged?

If you are accused of possessing or dealing with prohibited weapons in Texas, do not assume that the case is straightforward. The prosecution may need to establish what the item was, whether you knowingly possessed or handled it, and whether the statutory requirements for the offense are satisfied.

An attorney may examine the legality of the search or seizure, the evidence supporting possession, the classification of the weapon, applicable registration records, and whether a statutory defense or exception applies.

Avoid making detailed statements about the incident to investigators without first understanding your legal rights. Preserve relevant documents and records, and speak with an experienced criminal defense attorney as soon as possible.

Get Legal Help for a Texas Prohibited Weapons Charge

A prohibited weapons charge can have serious consequences for your freedom and future. Texas weapons laws can also overlap with federal firearm regulations, making these cases particularly complex.

If you are facing allegations involving prohibited weapons in Texas, experienced legal guidance can help you understand the charge, potential penalties, and available defenses.

The Napier Law Firm provides information and legal representation for individuals facing weapons-related criminal allegations in Texas. A qualified attorney can review the specific facts of your case and help you understand your legal options.