Penal Code · §46.05

Prohibited Weapons

Possesses, manufactures, transports, repairs, or sells a prohibited weapon: explosive weapon, machine gun, short-barrel firearm (without federal registration), armor-piercing ammunition, chemical dispensing device, zip gun, tire deflation device, or improvised explosive device.

To prove this offense, the State must establish each of the following elements: Possesses, manufactures, transports, repairs, or sells a prohibited weapon; Generally a 3rd degree felony (some items are state jail; some are 2nd or 1st degree).

The base classification is 3rd degree felony (most items), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Possesses, manufactures, transports, repairs, or sells a prohibited weapon
  • Generally a 3rd degree felony (some items are state jail; some are 2nd or 1st degree)
Texas Law — Charge Details
State Jail → 3rd Degree Felony
Offense
Prohibited Weapons
Statute
Tex. Penal Code §46.05
Classification
3rd degree felony (most items)

Possesses, manufactures, transports, repairs, or sells a prohibited weapon: explosive weapon, machine gun, short-barrel firearm (without federal registration), armor-piercing ammunition, chemical dispensing device, zip gun, tire deflation device, or improvised explosive device.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Tire deflation deviceState jail felony§46.05(e)
Chemical dispensing device, IED, or armor-piercingHigher penalties varying§46.05

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Worked examples

Worked example 1

Which of the following is a 'prohibited weapon' under §46.05?

  1. A standard handgun
  2. A folding pocket knife
  3. An explosive weapon, machine gun, short-barrel firearm (without federal registration), armor-piercing ammunition, chemical dispensing device, zip gun, tire deflation device, or improvised explosive device Correct
  4. A baseball bat
Why: Prohibited weapons include explosive weapons, machine guns, short-barrel firearms, armor-piercing ammunition, chemical dispensing devices, zip guns, tire-deflation devices, and improvised explosive devices.
Statute: Tex. Penal Code §46.05