Which Weapons are Illegal in Texas?

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577


Often times people in possession of certain weapons don’t learn that possessing those weapons is an offense until they’re in handcuffs.  Depending on the weapon in question, the offense can be a Class A Misdemeanor or even a Felony.

Texas Code of Criminal Procedure 46.05 controls prohibited weapons, and that statute says in relevant part,

“(a)  A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

“(1)  an explosive weapon; (3rd degree felony)

“(2)  a machine gun; (3rd degree felony)

“(3)  a short-barrel firearm; (3rd degree felony)

“(4)  a firearm silencer; (3rd degree felony)

“(5)  a switchblade knife; (misdemeanor) (Repealed effective 9/1/2013).

“(6)  knuckles; (misdemeanor)

“(7)  armor-piercing ammunition; (3rd degree felony)

“(8)  a chemical dispensing device; or (3rd degree felony)

“(9)  a zip gun. (3rd degree felony)

“(b)  It is a defense to prosecution under this section that the actor’s conduct was incidental to the performance of official…

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