Prohibited Weapons
Possesses, manufactures, transports, repairs, or sells a prohibited weapon: explosive weapon, machine gun, short-barrel firearm (without federal registration), armor-piercing ammunition, chemical dispensing device, zip gun, tire deflation device, or improvised explosive device.
To prove this offense, the State must establish each of the following elements: Possesses, manufactures, transports, repairs, or sells a prohibited weapon; Generally a 3rd degree felony (some items are state jail; some are 2nd or 1st degree).
The base classification is 3rd degree felony (most items), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Possesses, manufactures, transports, repairs, or sells a prohibited weapon
- Generally a 3rd degree felony (some items are state jail; some are 2nd or 1st degree)
Possesses, manufactures, transports, repairs, or sells a prohibited weapon: explosive weapon, machine gun, short-barrel firearm (without federal registration), armor-piercing ammunition, chemical dispensing device, zip gun, tire deflation device, or improvised explosive device.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Tire deflation device | State jail felony | §46.05(e) |
| Chemical dispensing device, IED, or armor-piercing | Higher penalties varying | §46.05 |
Practice 1 question on this topic
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Worked examples
Which of the following is a 'prohibited weapon' under §46.05?
- A standard handgun
- A folding pocket knife
- An explosive weapon, machine gun, short-barrel firearm (without federal registration), armor-piercing ammunition, chemical dispensing device, zip gun, tire deflation device, or improvised explosive device Correct
- A baseball bat