San Antonio Prohibited Weapons Attorney

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.

Penalties for Prohibited Weapons in Texas

The penalties for possession of prohibited weapons in Texas depend on the specific type of weapon and the circumstances of the offense.

Under Texas Penal Code section 46.05, possession of an explosive weapon, machine gun, short-barrel firearm, armor-piercing ammunition, chemical dispensing device, zip gun, or improvised explosive device is generally a third-degree felony, which is punishable by 2 to 10 years in prison and a fine of up to $10,000.

The possession of a tire deflation device is a state jail felony.

It should be noted that these penalties can vary depending on the specific circumstances of the offense and the defendant’s criminal history. It is always advisable to consult with a criminal defense attorney for more information about the potential penalties for possession of prohibited weapons in Texas.

Attorney Brad Thornton

If you have been charged with possession of a prohibited weapon in San Antonio, Texas, it is important to take the charge seriously and to seek legal representation as soon as possible. Board-certified criminal defense attorney Brad Thornton is an experienced and highly qualified attorney who can help you navigate the legal system and defend your rights.

There are several reasons why you should consider calling Brad Thornton for a free consultation if you have been charged with possession of a prohibited weapon in San Antonio. First, Brad Thornton is a board-certified criminal defense attorney, which means that he has demonstrated a high level of knowledge and expertise in the field of criminal law. This can be especially important in complex cases involving prohibited weapons, as these charges can carry significant penalties and require a thorough understanding of the law.

In addition to his board certification, Brad Thornton is also a former chief prosecutor, which gives him a unique perspective on how the prosecution is likely to approach your case. This experience can be invaluable in developing a defense strategy and negotiating with the prosecution to try to obtain the best possible outcome for your case.

Finally, Brad Thornton is committed to providing personalized and compassionate representation to his clients. He understands that being charged with a crime can be a stressful and overwhelming experience, and he is dedicated to helping his clients navigate the legal system and achieve the best possible outcome in their cases. If you have been charged with possession of a prohibited weapon in San Antonio, Texas, do not hesitate to call Brad Thornton for a free consultation to discuss your options and to learn more about how he can help.