Prohibited Weapons

When you have been arrested for a weapons violation then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for a weapons charge.

Can I legally own a sawed-off shotgun? No.

Can I legally possess armor piercing ammunition? No.

Can I legally own an automatic weapon? No.

To convict you of possessing a prohibited weapon, if the weapon is not found on your person then the State must somehow link you to that weapon. This can be done by producing evidence of: (1) the was found in a place owned by you, such as your home or your car; (2) the weapon was found in a vehicle that you were driving; (3) the weapon was conveniently accessible to you; (4) the weapon was in plain view; (5) you and the weapon was found in an enclosed space; (6) the weapon was found near you in a vehicle in which you are a passenger; (7) your conduct indicates a consciousness of guilty; (8) the weapon has some relationship to you, such as being registered to your father; (9) any statements that you make which connect the gun to you.

Some of this evidence alone may not be sufficient to convict you. For example, driving someone else’s car without anyone else present and a gun is found under the driver’s seat. That alone may not be sufficient to convict you, but if you admit to knowing that the gun was in the car then you might be convicted.

How much time can I get for possession of a prohibited weapon?

Possession of a prohibited weapon is a third degree felony and if convicted you could get up to 10 years in prison and/or a fine of up to $10,000.00. Except if the prohibited weapon is a tire deflation device then it is a state jail felony and if convicted you could get up to two years in state jail and/or a fine of up to $10,000.00.

(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1)(A) an explosive weapon; (B) a machine gun; (C) a short-barrel firearm; (2) armor-piercing ammunition; (3) a chemical dispensing device; (4) a zip gun;(5) a tire deflation device; (6) a firearm silencer…; (7) an improvised explosive device… (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. An offense under Subsection (a)(5) is a state jail felony.

*As of September 1, 2013 in the State of Texas it is legal to own a switchblade knife and a spring blade knife.

**As of September 1, 2017 it is legal own and carry a knife with a blade over five and one-half inches; a hand instrument designed to cut or stab another by being thrown; a dagger, including but not limited to a dirk, stiletto, and poniard; a bowie knife; a sword; or a spear.

***As of September 1, 2019 in the State of Texas it is legal to own knuckles so knives with knuckles integrated into the handle are legal.


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