In Texas, it is a crime to possess certain weapons. You could be arrested and charged with these offenses even if the weapon was not used to commit another crime. In general, Texas classifies dangerous weapons into four categories: firearms, including air guns, knives, clubs, and other weapons.
Weapons Prohibited in Texas
The following are examples of prohibited deadly weapons:
- Switchblade knives
- Knives that have blades over 5 ½ inches long
- Brass knuckles or similar devices designed to cause bodily injury or incapacitation by striking through the use of force applied to an object held in one’s hand
What is a Dangerous Weapon According to Texas Law?
In Texas, a dangerous weapon is anything capable of causing serious bodily injury or death. The term “dangerous weapon” includes firearms, such as pistols and rifles. It also includes blades, knives, and swords. Any club or other object used in a way that can cause serious bodily injury or death may count as a dangerous weapon under Texas law.
In Texas, it is illegal to possess a firearm if you are not eligible to do so
If you are not eligible to possess a firearm, you cannot legally own one. If you are eligible, the charge depends on how many guns are at issue and what kind they are.
People who are not eligible to possess firearms in Texas include the following;
- Those convicted of a felony
- Those convicted of misdemeanor domestic violence
- Individuals adjudicated as mentally incompetent or have been committed to a mental institution unless later found by a court not to be dangerous.
- You are subject to an order restraining you from harassing, stalking, or threatening an intimate partner, child, or former intimate partner. Of course, against whom there is evidence that such conduct occurred within the past five years.
- You were under 18 years old when you purchased or received possession of a firearm
- You live in Texas but do not meet state residency requirements for obtaining a license from your home state.
What are the Charges for Possessing a Stolen Firearm in Texas?
While the theft of a firearm is serious, it may be even more so if you are convicted. There are two ways in which possessing a stolen firearm can become an aggravated offense in Texas:
If you have been charged with the theft of a firearm, the minimum possible sentence for your offense is two years in prison. The maximum possible sentence is ten years. In addition to jail time, you may also be required to pay a fine of up to $10,000 for each year that your sentence exceeds one year. For example, if you receive five years of imprisonment for this crime.
You may challenge a charge of possession of a firearm as a prior felon
If you have completed your sentence and probation, including paying any fines or restitution, you can apply for a license to carry (LTC) in Texas. A pardon allows you to possess firearms without having the LTC. An expunged record will also allow you to possess firearms without an LTC.
Finally, contact criminal defense attorneys today if you have been charged with this crime. They can address any questions and concerns you may have throughout the process.