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Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.
Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.
Texas Penal Code § 46.05 - POSS PROH FIREARM
Prohibited Weapons Attorney in San Antonio, Texas
Pursuant to Texas Penal Code section 46.05, it is illegal to intentionally or knowingly possess, manufacture, transport, repair, or sell certain weapons in the state of Texas, unless the item is registered or otherwise exempt. These prohibited weapons include:
Explosive weapons: These are any devices that are designed or intended to cause an explosion, including bombs, grenades, and mines.
Machine guns: These are firearms that are designed to shoot more than one shot automatically, without the need to manually reload, by a single function of the trigger.
Short-barrel firearms: These are firearms with a barrel length of less than 16 inches or an overall length of less than 26 inches.
Armor-piercing ammunition: This is ammunition that is designed to penetrate body armor or other protective materials.
Chemical dispensing devices: These are devices that are designed or intended to dispense chemical agents, such as pepper spray or tear gas.
Zip guns: These are improvised firearms that are made from various materials and are often poorly made and unreliable.
Tire deflation devices: These are devices that are designed to puncture or deflate the tires of a vehicle.
Improvised explosive devices: These are homemade bombs that are constructed using various materials and are often intended to cause significant damage or destruction.
It should be noted that it is a defense to prosecution under this section if the actor's conduct was incidental to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a correctional facility.
Defenses to Prohibited Weapons
If you have been charged with possession of a prohibited weapon in Texas, you may be able to raise certain defenses to try to avoid a conviction. Some potential defenses to prohibited weapon charges include:
Lack of knowledge: In order to be found guilty of possession of a prohibited weapon in Texas, the prosecution must prove that you knew you were in possession of the weapon. If you did not know that you were in possession of the weapon, or if you did not know that the item you were in possession of was a prohibited weapon, you may be able to assert a defense of lack of knowledge.
Right to carry: If you are a peace officer, a member of the armed forces, or a licensed security officer, you may be exempt from the prohibition on possession of certain types of prohibited weapons. If you are relying on this exemption, you will need to present evidence that you are a peace officer, a member of the armed forces, or a licensed security officer and that you were acting within the scope of your official duties at the time of the offense.
Constitutional issues: Depending on the circumstances of your case, you may be able to raise constitutional issues as a defense to the possession of a prohibited weapon. For example, if the police violated your Fourth Amendment rights by searching your home or vehicle without a warrant or probable cause, you may be able to have the evidence against you suppressed, which could result in the dismissal of your case.
It is important to note that these are just a few examples of potential defenses to prohibited weapon charges in Texas, and the specific defenses that may be available to you will depend on the circumstances of your case. If you have been charged with possession of a prohibited weapon, it is always advisable to consult with a criminal defense attorney to discuss your options and to determine the best course of action for your case.