Are you or a loved one facing charges for possession of a prohibited weapon in Texas? You could be facing serious consequences, even for a first-time offense.
Possession of a Prohibited Weapon Under Texas Law
Texas law defines some weapons as prohibited, meaning the weapon is generally illegal to possess, manufacture, transport, or sell. Section 46.05 in the Texas Penal Code outlines prohibited weapons law, and the list includes:
- Explosives such as bombs or grenades
- Machine guns
- Short-barreled firearms
- Silencers
- Armor-piercing ammunition
- Chemical dispensing devices, such as tear gas sprayers
- Zip guns
- Tire deflation devices (caltrops)
- Brass knuckles
Under the Texas prohibited weapons law, possessing any of these items can lead to felony charges, significant fines, and even prison time. Speak to a lawyer at the law office of Philip D Ray today to understand your rights and protect your freedom.
Understanding Your Charges
Possession of prohibited weapons charges can arise from routine traffic stops and searches, misunderstandings over antiques or collectibles, or items inherited unknowingly. Even if you do not use or intend to use the weapon, having a prohibited weapon in your possession can still cause an arrest.
Intent is not always a factor in these cases, so even accidental possession can lead to prosecution. Penalties under the Texas prohibited weapons law depend on the type of weapon and the circumstances of your case. Talk to a lawyer to learn more.
Defending Against Possession of Prohibited Weapon Charges
There are often strong legal defenses available if you are charged with possession of a prohibited weapon in Texas, so don’t assume you’re options. If the weapon was found during the legal search, the evidence may be excluded. And if you are unaware of the weapon’s presence, this can be a critical element in your defense.
Other options may include mistaken identity or ownership defenses, which prove the weapon did not belong to you. Also, certain antique firearms, items for use in performances, or weapons possessed for scientific, educational, or law enforcement purposes may be exceptions under the Texas prohibited weapons law.
What to Do If You’re Charged with Possession of a Prohibited Weapon in TX
A possession of prohibited weapons charge can threaten everything you’ve worked for, but the law office of Philip D Ray is committed to fighting for your rights and your future in Frisco, Collin County, and throughout North Texas.
If you are charged with possession of a prohibited weapon, remember your right to remain silent and politely decline to answer police questions without an attorney present. Never give police permission to search your vehicle, home, or belongings without a warrant. Then contact a lawyer immediately.
The sooner you have experienced legal representation, the better your chances for a positive outcome. Contact us today for a confidential consultation.
Trust Philip D Ray — Attorney at Law
We know how prosecutors approach weapons cases, and our team brings years of trial experience and profound knowledge of Texas’s prohibited weapons law to your defense. We scrutinize police records, search warrants, and evidence for mistakes and rights violations, negotiate with prosecutors, and provide exceptional courtroom advocacy.
Our team keeps you informed and empowered so you understand your rights and your options.
Frequently Asked Questions
Q: Will I go to jail if I’m convicted of possessing your prohibited weapon?
A: Not necessarily. While jail time is a risk, outcomes depend on many factors. There are also sentencing alternatives such as probation and community service.
Q: Can a prohibited weapon charge be dropped or reduced?
A: Yes, if there are weaknesses in the prosecution’s case, violations of your rights, or mitigating circumstances.
Q: How soon should I contact a lawyer?
A: Contact a lawyer immediately. Early intervention can make a tremendous difference in your case.