Full question:
What is possession of a prohibited weapon mean?
- Category: Courts
- Subcategory: Legal Definitions
- Date:
- State: Texas
Answer:
The following is a statute:
§ 46.05 PENAL. Prohibited Weapons
(a) A person commits an offense if he intentionally or knowingly
possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that the actor's
conduct was incidental to the performance of official duty by the armed
forces or national guard, a governmental law enforcement agency, or a
correctional facility.
(c) It is a defense to prosecution under this section that the actor's
possession was pursuant to registration pursuant to the National Firearms
Act, as amended.
(d) It is an affirmative defense to prosecution under this section that
the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade
knife, or short-barrel firearm solely as an antique or curio; or
(2) was incidental to dealing with armor-piercing ammunition solely for
the purpose of making the ammunition available to an organization,
agency, or institution listed in Subsection (b).
(e) An offense under this section is a felony of the third degree
unless it is committed under Subsection (a)(5) or (a)(6), in which
event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for the
possession of a chemical dispensing device that the actor is a security
officer and has received training on the use of the chemical dispensing
device by a training program that is:
(1) provided by the Commission on Law Enforcement Officer Standards and
Education; or
(2) approved for the purposes described by this subsection by the Texas
Private Security Board of the Department of Public Safety.
(g) In Subsection (f), "security officer" means a commissioned security
officer as defined by Section 1702.002, Occupations Code, or a
noncommissioned security officer registered under Section 1702.221,
Occupations Code.
§ 46.03 PENAL. Places Weapons Prohibited
(a) 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):
(1) on the physical premises of a school or educational institution,
any grounds or building on which an activity sponsored by a school or
educational institution is being conducted, or a passenger transportation
vehicle of a school or educational institution, whether the school or
educational institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or
while early voting is in progress;
(3) on the premises of any government court or offices utilized by the
court, unless pursuant to written regulations or written authorization of
the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated
by the Texas Department of Criminal Justice as a place of execution under
Article 43.19, Code of Criminal Procedure, on a day that a
sentence of death is set to be imposed on the designated premises and the
person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under
this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet
of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that
the actor possessed a firearm while in the actual discharge of his
official duties as a member of the armed forces or national guard or a
guard employed by a penal institution, or an officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(2) "Secured area" means an area of an airport terminal building to
which access is controlled by the inspection of persons and property
under federal law.
(d) It is a defense to prosecution under Subsection (a)(5) that the
actor possessed a firearm or club while traveling to or from the actor's
place of assignment or in the actual discharge of duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Board of Private
Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17, eff. Sept. 1,
1995.
(5) a security officer who holds a personal protection authorization
under the Private Investigators and Private Security Agencies Act
(Article 4413 (29bb), Vernon's Texas Civil Statutes).
(e) It is a defense to prosecution under Subsection (a)(5) that the
actor checked all firearms as baggage in accordance with federal or state
law or regulations before entering a secured area.
(f) It is not a defense to protection under this section that the actor
possessed a handgun and was licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4) that the
actor possessed a firearm or club while traveling to or from the actor's
place of assignment or in the actual discharge of duties as a security
officer commissioned by the Texas Board of Private Investigators and
Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform: and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6) that the
actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor's residence or place of employment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.