Austin Weapons Charge Defense Attorneys
Skilled Advocacy Against Weapons Charges in Texas
As outlined in the penal code of the state of Texas, it is illegal to possess certain firearms in the state of Texas that are considered especially dangerous to the public. Note that these illegal items aren’t limited only to certain types of guns/firearms, but also cover other types of weapons.
Illegal firearms and weapons in the State of Texas are as follows:
- Any form of club, including tomahawks, maces, blackjacks, and nightsticks. A club is classified as any item that is specifically designed or adapted for inflicting serious bodily harm by striking a person with it.
- Any explosive weapons like bombs, grenades, rockets, or mines. Explosive weapons are qualified as any object that is designed to cause serious bodily harm or property damage or for causing such a loud noise that public panic or terror would ensue. This also includes any device made to deliver or shoot the explosive device. Hoax bombs that are designed to imitate the appearance of an incendiary device are also illegal.
- Illegal types of knives are as follows: a knife with a blade over five and a half inches long, a hand instrument meant to cut or stab by being thrown (like throwing stars), a dagger (like a stiletto, dirk, or poniard), a bowie knife, a sword, or a spear.
- Any of the following unlawful firearms: a machine gun, a short-barreled firearm (barrel length of less than 16 inches, 18 inches if a shotgun), a firearm silencer (any item made to muffle the sound of a firearm going off), armor-piercing ammunition, a machine gun, or a zip gun.
- Other prohibited weapons: knuckles, a chemical dispensing device, or a tire-deflation device.
Understanding Unlawful Weapon Carrying Charges in Texas
According to the Texas Penal Code, if you are knowingly, recklessly, or intentionally carrying your weapon with you in an area other than your home/property or your car, you can be charged with Unlawfully Carrying a Weapon. The charges for this offense can range from a Class A misdemeanor to a third-degree felony.
You can be charged with Unlawfully Carrying a Firearm if you knowingly, recklessly, or intentionally carry a handgun in their car or on their body in plain view, if a person is in a gang, if the person is prohibited from owning any firearms, or if the person is engaged in criminal activity.
Criteria for Unlawful Possession of a Firearm
Unlawful Possession of a Firearm can be charged against a person if they possess a firearm and meet one of the following criteria:
- A convicted felon before the fifth anniversary of their release from prison.
- Convicted of domestic assault and is before the fifth anniversary of their release from confinement or community supervision.
- An employee of the state (other than a sworn peace officer) and are still under a protective or restraining order.
Aside from simply possessing illegal weapons, it is also illegal for any weapon (even legal ones) to be brought into many public areas such as schools or educational institutions, polling places during voting, racetracks, courts, airports, or within 1,000 feet of a premises of the Texas Department of Justice where an execution is occurring. If a person knowingly brings their weapon or firearm into one of these places, they can swiftly be charged with a criminal act.
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