Prohibited Weapons

Chapter 46 of the Texas Penal Code defines charges and punishments for weapon related offenses.

As per § 46.05 of the Texas Penal Code, the following weapons are prohibited:

  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 or relic by the United States Department of Justice

A) an explosive weapon;

B) a machine gun; or

C) a short-barrel firearm;

  1. knuckles;
  2. armor-piercing ammunition;
  3. a chemical dispensing device;
  4. a zip gun;
  5. a tire deflation device; or
  6. an improvised explosive device.

An offense under Subsection 1), 3), 4), 5), or 7) is a felony of the third degree. An offense under Subsection 6) is a state jail felony. An offense under Subsection 2) is a Class A misdemeanor.

Punishment Range

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days
  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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