Charles David Thompson

Attorney at Law

Illegal Possession of a Weapon

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The law in the State of Texas concerning illegal possession of weapons is outlined in Section 46 of the Texas Penal Code. You can be arrested for unlawfully carrying a weapon or possessing a prohibited weapon, and the punishments, if convicted, can include jail time, fines, or deferred adjudication.

Prohibited Weapons

The State of Texas prohibits the possession of the following weapons except in the case of antiques, curios and weapons licensed by the federal government:

  • Switchblades
  • Brass knuckles
  • Explosives
  • Machine guns
  • Short-barrel firearms
  • Firearm silencers
  • Armor-piercing ammunition
  • Chemical dispensing devices
  • Zip guns
  • Tire deflation devices

Punishments for Illegal Weapons Possession

Illegally possessing switchblades and brass knuckles are a Class A misdemeanor that are punishable up to a year in jail and up to a $4000 fine. The remainder of the weapons listed are a 3rd degree felony punishable from 2-10 years in prison and a fine up to $10,000.

If you have any questions concerning the illegal possession of a weapon, do not hesitate to call our office. The State of Texas does not take these offenses lightly, and the penalties can be serious if you are arrested and convicted for illegal possession of a weapon.

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