Penal Code · §46.05
Prohibited Weapons
Elements
- A person
- Intentionally or knowingly possesses, manufactures, transports, repairs, or sells
- An explosive weapon; machine gun; short-barrel firearm; firearm silencer; armor-piercing ammunition; chemical dispensing device; zip gun; tire deflation device; or improvised explosive device
- (Affirmative defense if registered in National Firearms Registration and Transfer Record per federal law, or possessed by peace officer in line of duty)
Penalty
Most prohibited weapons: Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34). Tire deflation devices and certain other items: State jail felony — 180 days to 2 years + up to $10,000 fine (§12.35). Armor-piercing ammunition: Third-degree felony.
Enhancements
Federal charges under the National Firearms Act (26 U.S.C. ch. 53) frequently apply concurrently for unregistered NFA items.