Weapons Charges
What weapons are illegal?
Good question. I can list a few here but this is not meant to be an extensive or exhaustive list. Weapons may be illegal under State and/or Federal law. The Texas Penal Code defines many things as an illegal weapon, examples are: clubs, handgun, knife with a blade over 5 1/2" inches, dagger, switchblade, etc.... The Texas Penal Code Section 46.50 further defines "Prohibited Weapons" as an explosive weapon, machine gun, short barrel firearm, silencer, switchblade knife, knuckles, armor piercing ammunition, chemical dispensing device, and a zip gun. Generally, most weapons cases result from a search of a vehicle where the police find a club or knife. In addition to certain weapons being illegal, there are places where weapons are prohibited such as airports, schools, courts, etc... This area of the law is very extensive and you should call us or consult your lawyer for more information.
BACK TO TOPCan I carry a gun?
The general rule is no. However, Texas does have a system for a person who wants to legally carry a handgun. You must acquire a license from the State in order to carry a handgun legally. Visit the DPS Concealed Handgun web page for more information.
BACK TO TOPWhat about hunting?
Section 46.15 of the Texas Penal Code states that it is a defense to be engaging in lawful hunting, fishing, or other sporting activity on the sporting premises or in route between the residence and premise, if the weapon is one commonly used for the activity.
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Tom O'Leary is an Austin, Texas attorney who served for over 10 years as a prosecutor before beginning his private practice in 1992. He has represented hundreds of individuals in a variety of criminal matters.
If you have any questions, please contact us online or call us at 512.441.9941.