April 3, 2024
When it comes to Texas law, ‘prohibited weapons’ can include weapons that are illegal to own, produce, transport, or even sell (depending on the circumstances).
Prohibited weapons in Texas include many types of firearms as well as other devices that are considered too dangerous for society. Understanding the difference between a lawful and unlawful weapon is absolutely critical. That’s because using or possessing these banned weapons can lead to serious legal repercussions.
In this blog post, we’ll explore the ins and outs of prohibited weapons laws in Texas. If you’re facing charges for possessing an illegal weapon, we’re here to help. Contact The Napier Law Firm today to schedule a free consultation with a criminal defense attorney you can trust.
What Guns Are Banned in TX?
Texas certainly is one of the most ‘gun-friendly’ states in the U.S. However, even in the Lonestar state there are limits. Listed below are some of the most notable guns that aren’t allowed in the state:
- Machine Guns: Firearms that can shoot multiple rounds automatically, without the need for manual reloading – And by a single function of the trigger.
- Short-Barrel Firearms: This can include rifles that have barrel lengths that are less than 16 inches or shotguns with barrel lengths less than 18 inches.
- Silencers: These are devices which are designed to muffle or diminish the sound of a firearm discharging.
- Explosive Weapons: Including but not limited to bombs, grenades, and rockets – Essentially, anything that can blow up.
- Zip Guns: Crafty and improvised firearms that weren’t originally designed to be a gun but then modified to fire bullets.
Current Texas Laws About Prohibited Weapons
Under Texas Penal Code § 46.05, the state details very specific regulations regarding prohibited weapons. This includes a comprehensive list of items that are considered illegal to possess, sale, or use. Among the many prohibited items, the list includes explosive weapons, machine guns, short-barrel firearms, armor-piercing ammunition, zip guns, tire deflation devices, and others.
These laws are part of Texas’s efforts to regulate the ownership and use of very dangerous weapons. Overall, the aim is to prevent their misuse, proliferation, and enhance public safety at the same time.
Penalties For Possession of A Prohibited Weapon in Houston TX
Possession of a prohibited weapon in Houston, Texas, can result in very serious and devastating legal consequences. However, the penalties for this offense typically vary based on the type of weapon, whether it was used while committing another crime, and your criminal history.
- General Penalties:
- Class A Misdemeanor: Up to one year in jail and a fine of up to $4,000.
- Third-Degree Felony: For the more serious offenses – 2 to 10 years in prison and up to $10,000 in fines.
- Aggravating Factors: Having priors or using a prohibited weapon while committing a crime (i.e., robbery, assault, burglary, etc.) can lead to enhanced charges and penalties.
- Administrative Consequences: This can include the long-term loss of gun ownership rights as well as making it difficult to buy firearms in the future.
Potential Exceptions to Banned Weapons Laws in Texas
It’s a very real reality that Texas law explicitly prohibits certain weapons. However, there are rare exceptions that can be applied, depending on the circumstances.
For example, members of the armed forces (Army, Navy, Marines, etc.) or law enforcement officers may legally possess some prohibited weapons if they’re used in the course of their official duties. Further, under federal gun laws, a licensed firearms dealer can also deal in certain prohibited weapons (i.e., machine guns and silencers) – But, they’ll still need to comply with applicable federal regulations.
That’s not all, some historical or collectible firearms (even if they fall under the prohibited categories) might be exempted from these restrictions if they’re registered in accordance with the National Firearms Act. It’s essential to understand the nuances of owning banned weapons. Otherwise, ignorance of the laws could lead to a highly unfavorable outcome in court.
FAQs About Prohibited Weapons in Texas
What is a Silencer Under Texas Law?
A silencer, as defined in Texas law, is any device designed to muffle or diminish the report of a firearm. These devices are considered prohibited weapons unless specifically exempt under certain conditions.
Are Nunchucks Legal in Texas?
Nunchucks, traditional martial arts weapons, are legal in Texas, provided they are not used in a manner that constitutes a criminal offense.
What is an Explosive Weapon Under Texas Law?
An explosive weapon typically refers to bombs, grenades, rockets, or mines designed to cause substantial harm or damage.
What is a Machine Gun Under Texas Law?
In Texas, a machine gun is defined as any firearm capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
What is a Short-Barrel Gun Under Texas Law?
A short-barrel gun in Texas refers to a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches.
What is a Zip Gun Under Texas Law
A zip gun is a device that was not originally a firearm but is adapted to expel a projectile through a barrel using the energy generated by an explosion.
Are Sawed-Off Shotguns Illegal in Texas?
Yes, sawed-off shotguns are illegal in Texas as they fall under the category of short-barrel firearms, which are prohibited.
Are Monkey Fists Illegal in Texas?
Monkey fists, often used as self-defense weapons, are not specifically listed as illegal in Texas, but their use could be subject to other legal restrictions.
What is a Tire Deflation Device Under Texas Law?
A tire deflation device includes items like spike strips, designed to puncture vehicle tires. These are classified as prohibited weapons under certain circumstances.
What is an Improvised Explosive Device Under Texas Law?
An improvised explosive device (IED) is any homemade bomb or explosive contraption, often made from common materials, and is considered a prohibited weapon in Texas.
Contact a Prohibited Weapons Lawyer in Houston, TX Today
Facing charges related to prohibited weapons in Texas? If so, your case likely demands knowledgeable legal representation. Our prohibited weapons attorneys offer solid legal guidance for those accused of such offenses.
Not only do our Houston area criminal defense lawyers understand the complexities of Texas weapons laws, but we’re also here to craft and enact a robust defense strategy on your behalf. Whether it’s challenging the evidence, negotiating with prosecutors, or representing you in court, we’re absolutely committed to protecting your rights and securing the best possible outcome.
Contact The Napier Law Firm today for a free consultation and let our expertise work in your favor.