Prohibited Weapons
Possesses, manufactures, transports, repairs, or sells a prohibited weapon: an explosive weapon or machine gun (unless federally registered, not subject to registration, or a curio or relic), armor-piercing ammunition, a chemical dispensing device, a zip gun, a tire deflation device, or an improvised explosive device. Short-barrel firearms were removed from the list by S.B. 1596, effective September 1, 2025.
The base classification is 3rd degree felony (tire deflation device: state jail felony), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Possesses, manufactures, transports, repairs, or sells an item listed in §46.05(a)
- Explosive weapon or machine gun: not an offense if federally registered or exempt (§46.05(a)(1))
Possesses, manufactures, transports, repairs, or sells a prohibited weapon: an explosive weapon or machine gun (unless federally registered, not subject to registration, or a curio or relic), armor-piercing ammunition, a chemical dispensing device, a zip gun, a tire deflation device, or an improvised explosive device. Short-barrel firearms were removed from the list by S.B. 1596, effective September 1, 2025.
| If this condition applies… | Charge escalates to |
|---|---|
| Tire deflation device | State jail felony |
| Any other listed item | 3rd degree felony |
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Worked examples
Which of the following is a 'prohibited weapon' under §46.05?
- A standard handgun
- A folding pocket knife
- An explosive weapon or machine gun (unless federally registered or exempt), armor-piercing ammunition, a chemical dispensing device, a zip gun, a tire deflation device, or an improvised explosive device Correct
- A baseball bat