All Rights Reserved. HAVE YOU BEEN ARRESTED FOR POSSESSING A FIREARM IN TEXAS? It is unlawful to: 1. knowingly discharge a firearm causing a projectile to cross a property line, unless the person owns both sides of the property line or has obtained written permission from the owner of any land crossed by the projectile. § 922 (d), it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person “has been adjudicated as a mental defective or has been committed to any mental institution.” The state prohibits armor-piercing ammunition, and you cannot open carry firearms like machine guns and semiautomatic weapons, except if you are a member of the military or a law officer. It is unlikely that a federal charge would be filed if you comply with Texas law but it could always happen. Some illegal weapons include: Other types of weapons and accessories are controlled. However, switchblades became legal in Texas in 2013 and brass knuckles just became legal in 2019. You must also have a concealed carry license. There is no legal statute specifically prohibiting the carry of a firearm other than a handgun (pre-1899 weapons, and replicas, if not rim or centerfire, of such, are not legally firearms in Texas). Like most states in the Union, batons, including kubatons, and are illegal to carry outside of your car or your home in Texas unless you are a police officer. New laws for Handgun Licensing Program Summary of new laws passed in the 86th Regular Legislative Session that impact Handgun Licensing. Yes, brass knuckles are illegal to possess in Texas. Armor-piercing bullets and explosives are also on the list. Curious how a skilled attorney can help your case? Under 18 U.S.C. Last updated January 2, 2020. Weapons at Work. In Texas, a weapon is a club, nightstick, blackjack, knife whose blade is greater than 5 ½ inches in length, spears, and swords except at your place of business or if being transported for a legitimate reason. In the State of Texas, things that are considered to be illegal weapons are defined in Chapter 46 of the Texas Penal Code (TPC). Conviction on a charge of possession of an explosive device or a chemical dispersion device is also a third-degree felony and punishable by from 2 to 10 years in state prison and/or a fine of up to $10,000. However, switchblades became legal in Texas in 2013 and brass knuckles just became legal in 2019. Search Texas Statutes. While machine guns, saw-off shotguns, silencers, armor-piercing bullets, zip guns, and explosive weapons are in most cases prohibited by state law, Texas does not have a … If you are facing a state weapons charge, or are seeking advice on how to avoid such charges, it is strongly suggested that you contact a criminal defense attorney with experience in dealing with both state and federal firearms and explosives laws. All persons are presumed to know the law and most citizens abide by the law, but the following summary of laws in Kubatons are Illegal in Texas. One of the major problems with these changing laws is that people may not know what they are and are not allowed to own. There are various provisions in the Texas illegal weapons statute that can be effectively used by defendants. Texas law explicitly bans the possession or use of the following types of weapons: Brass Knuckles Improvised handguns, aka “zip guns” Any shotgun or rifle that has been shortened to a length of 26 inches or less Shotguns whose barrels are less than … This guide provides information on Texas and federal gun laws including: background checks, open carry, concealed carry, handgun licenses, restrictions for felons, and local regulation of firearms and shooting ranges. Regarding the legality of a policy barring weapons at work, preventing possession of weapons while in company vehicles or on company business, or even restricting an employee from carrying a concealed weapon during work hours in his or her own car that is used for company business, the considerations below may be relevant. 3. use a computer, or operate a facility that uses a computer, to assist in remote firearm or archery hunting, if the animal being hunted is located in Texas. For instance, brass knuckles and switchblade knives are items people often assume are illegal, and they were for a long time. Conviction on a charge of possession of any of the above is a third-degree felony and punishable by from 2 to 10 years in state prison and/or a fine of up to $10,000. Under federal law anyone convicted of a felony is barred from owning a firearm of any type, of any size, and for any purpose for life. Finally, there are certain kinds of weapons that are legal to possess and carry on their own property, but not out in public. Non-lethal Weapons (Club, Pepper Spray, Tasers) Updated September 1, 2019. But there are still many other weapons that are illegal to possess or carry in Texas. Illegal knives such as knives with blades more than 5 ½ inches … For prompt, focused attention to your needs and concerns involving any criminal charge, please contact me at our law offices in Waco, Texas, at 254-304-6354 and request a free initial consultation with an attorney. Ninja foot spikes. It is then a third degree felony. Find out more with our new ebook. Citizens in Texas are allowed to own some types of guns. This applies to handguns as well as certain knives and clubs. Read this complete Texas Penal Code § 46.02. It is important to note that weapons laws change all the time. A ‘location restricted knife’ is any knife (bladed hand instrument) with a blade over 5-½ inches. There is no certification specific to the carrying of clubs. Illegally carrying is usually a Class A misdemeanor unless it is carried to special places. Pursuant to TPC §46.01, the following have been defined as an illegal weapon in … Wrapping things up, there are numerous ways that you may violate the state weapons laws of Texas, and it doesn’t help that some of Texas’ laws are not exactly same as the federal laws that deal with the same type. Illegal Carrying of Handguns, Knives and Clubs. Possession of brass knuckles can be punished as a Class A misdemeanor, which is from 0 – 365 days in county jail and/or a fine of up to $4,000. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or Did unusual circumstances impact your actions before an arrest? The most common non-lethal weapon is pepper spray, which is a chemical dispensing device sold commercially for personal protection. In Texas, the maximum penalty for a third-degree felony conviction is ten years in prison and a $10,000 fine. If the weapon is in your car, it has to be hidden from plain view. Texas incident leads to assault with deadly weapon charge, Texas traffic stop leads to weapon, gun charges. There are two types of knives in Texas law, distinguished only by blade length. Let’s say, for instance, you’re leaving the store when someone approaches you and tries to take your money. Top Ten Tips Disclaimer. Storing a loaded weapon where a child can reach it is a Class C misdemeanor unless it results in a death or serious injury, in which case it becomes a Class A misdemeanor. The Law Office of Greg Tsioros, 2016 Main St. Ste 102, Houston, TX 77002, (832) 752-5972, Fill out the form to receive a free confidential consultation, Free Ebook – How an Attorney Can Help Your Case, Libertad Condicional y Libertad Condicional Violaciónes, Información Junta De Libertad Condicional, Terminación Anticipada de la Libertad Condicional, Fotografías o Grabación Visual Inapropiada, Any shotgun or rifle that has been shortened to a length of 26 inches or less, Shotguns whose barrels are less than 18 inches long, Rifles with barrels less than 16 inches long-term, Machine guns or any weapon having the capability of being fired automatically, Explosive devices such as hand grenades, rockets and rocket propelled grenades (RPG), dynamite, and improvised explosive devices (IED), Certain types of ammunition (armor piercing), chemical dispersion devices, and silencers, Improvised handguns, automatic weapons, illegally shortened rifles or shotguns, silencers, or armor piercing ammunition, Explosive devices, grenades, RPGs, IEDs, dynamite, and chemical dispersion devices. You don’t want to assume you’re allowed to buy or possess a gun that is against the law just because of the Second Amendment. In the past, you needed to conceal your weapon and obtain a concealed carry permit. Pepper spray is legal to carry and use for self-defense in Texas. Having any of these weapons in your possession can result in criminal charges that carry the potential for severe sanctions. If you sell or give a firearm to someone who is not allowed to legally own such a weapon, it is a Class A misdemeanor. The spikes can't be shipped to California, Massachusetts, or New York, apparently … There is no permit, background check or firearms registration required when buying a handgun from a private individual. There are a number of other charges that are either weapons charges in their own right or can serve as an enhancement to any other charges you might be facing. Under Tex. Sec. This same law also bars other groups such as fugitives from justice, controlled substance addicts, anyone discharged from the Armed Forces under dishonorable conditions, and illegal aliens from possessing or owning a firearm. Under federal law, it’s illegal … This confusion can lead to honest mistakes and land people in police custody. (d) and (h), respectively). If you pull out pepper spray and spray the perpetrator with it, it would likely be a legally justified use of self-defense. Unless you have a state handgun concealed carry license, it is illegal to carry around or transport any kind of weapon in Texas. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio … It is still illegal to carry any knife into a restricted area like a courthouse, police station, school, or government facility. Under Texas law, most types of weapons can be purchased and possessed with few exceptions. As you may have guessed, most of them can be used against you in federal court as well. However, there are some exceptions to this rule. Texas law explicitly bans the possession or use of the following types of weapons: Although the above-listed weapon types are generalizations of types and not all-inclusive, it will serve to illustrate the penalties that can be handed down to those possessing them. All sorts of things can be found here, from guns and knives to bombs and rockets. To open carry in Texas, you must be at least 21, have a clean psychological and criminal record, complete classroom training, and pass a shooting test. Texas Penal Code Sec. © 2020 Russell D. Hunt, Sr., Attorney at Law. So, where do you draw the line? Miniguns. Texans can now carry their weapons on a shoulder or hip holster. 425 Austin AvenueSuite 1202 | Waco, TX 76701 | Phone: 254-304-6354 | Fax: 254-753-8118 | Waco Law Office Map, 425 Austin Avenue Suite 1202   |   P.O. Texas laws place no restrictions on knife ownership. Simply put, if you are convicted and sentenced on both state and federal charges, you don’t start serving your second sentence until you have finished serving the first. Ten new gun laws for Texas: The Legislature shoots back The effective date of the laws was Sept. 1, 2019. Overview of Texas Knife Laws. Under Texas’ Open Carry laws, qualified Texans can now carry a handgun in a holster on their waist just like they could in the Wild West. For instance, some shooting ranges are allowed to own weapons that would not be allowed for personal ownership, and they can be fired on the range, even though it would be illegal to buy one for your home. CONTACT HIS OFFICE TODAY. 46.03 states: A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a): (2) on the premises of a polling place on the day of … However, Article 1, Section 23 also grants the Texas legislature the legal right to regulate weapons to prevent violent crimes. The new knife laws in Texas effectively allows the possession of any type of bladed tool or weapon, without restriction, in any area that allows the possession of knives. You should also be aware that possession of any of the above weapons or devices can easily have your charges upgraded or enhanced. Under federal law, and reiterated in Texas criminal code, rifles with a … The carrying of a club: Penal Code Section 46.03 prohibits the carrying of a club in numerous specific places, and provides limited defenses relating to the premises of a racetrack or the secured area of an airport (see sub. Most arms, including military-style weapons, can be owned in Texas, but there are a few exceptions and age requirements. Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters, On behalf of Russell D. Hunt, Sr., Attorney at Law, Texas shelter director charged with embezzlement. Pen. The restraints are limited. 2. discharge a firearm on or across a public road or hunt from public roads. You should also realize that possession of the firearms and/or devices mentioned can also result in a federal firearms charge and that, if you are convicted, the federal charges can be sentenced separately from any Texas convictions. On behalf of Russell D. Hunt, Sr., Attorney at Law | Jun 12, 2020 | Criminal Defense. The variation of federal Second Amendment rights has prompted numerous lawsuits challenging the legal validity of Texas constitutional law. Texas is one of the licensed open carry states in the USA. ATTORNEY GREG TSIOROS HAS THE EXPERIENCE TO PROTECT YOUR LEGAL RIGHTS. UNLAWFUL CARRYING WEAPONS. Texas statutory law on the topic of knives, found at Chapter 46 of the Penal Code, is objective and based on measurable aspects. One of the few things that you can get most Texans to agree on is that they are strongly protective of their right “… to keep and bear arms…” But even the State of Texas realizes that the citizens’ fervor has to be tempered and has enacted laws placing limits on what types of firearms and other related devices its citizens are allowed to keep and bear. One crime unique to Texas is that of illegally carrying a weapon other than a firearm. However, despite the legality of firearm ownership in the United States, not all weapon types are prohibited. In the interim, it is always safer to leave it at home rather than risk a run-in with law enforcement. If you are worried about being charged with a weapons crime due to carrying a knife in public in Texas, it is important that you fully understand the law before making any conclusions. State and federal firearms and explosives laws are constantly changing. If you handled a gun at a range, now you may think you can buy one for yourself. In Texas, a convicted felon or someone convicted of misdemeanor domestic violence may possess a firearm in his or her place of residence after five years from the date of release from prison or the date of completion of parole, which ever is later. However, if the firearm is displayed in a manner "calculated to cause alarm," then it is "disorderly conduct". Box 726   |   Waco, TX 76701, Phone: 254-304-6354  |  Fax: 254-753-8118  |   Waco Law Office Map. (a) A person commits an offense if the person: TEXAS WEAPONS LAWS Among the more frequently asked questions of the District Attorney’s Office are those that relate to the possession or carrying of weapons. One of the major problems with these changing laws is that people may not know what they are and are not allowed to own. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and blackjacks. For instance, brass knuckles and switchblade knives are items people often assume are illegal, and they were for a long time. Most common are rifles and shotguns, often used for hunting, and handguns. This guide provides information on Texas and federal gun laws including: background checks, open carry, concealed carry, handgun licenses, restrictions for felons, … Texas gun control laws are among the least-restrictive in the U.S. There’s nothing mini about this gun, it is a 7.62×51 mm NATO, six-barreled machine gun … 46.02. If you grew up hearing that brass knuckles were illegal, you may have no idea that people can buy them and carry them in 2020. Code § 46.05, some of the weapons that Texas law makes illegal include: Improvised explosive devices and explosive weapons Unlawful Carrying Weapons on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Caption: Relating to a defense to prosecution for the offense of … In Texas, it has been legal to carry a knife with a blade longer than 5.5 inches since September 1st, 2017. House Bill 121 Effective: September 1, 2019. If you get arrested, you need to know what defense options you have. You must have a state-issued permit before you open carry. Texas is a shall-issue state with concealed weapons permits issued at the state level by the Department of Public Safety. In this post we’ll take a broad look at the Texas gun and weapons laws and the penalties that you can expect should you run afoul of those laws, but first we need to look at the “mother of all gun laws” (18 U.S.C § 922), better known as “Felon in Possession of a Firearm.”. Other weapons include swords, spears and double-edged knives. Summary of Texas Gun Laws. Only by blade length criminal charges that carry the potential for severe sanctions despite the legality of firearm in! May think you can buy one for yourself disorderly conduct '' buying a handgun from a private individual in! What they are and are not allowed to own of Thomson Reuters,... 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