Penal Code · §46.05
Prohibited Weapons
Elements
- A person
- Intentionally or knowingly possesses, manufactures, transports, repairs, or sells
- An explosive weapon or machine gun (unless registered in the National Firearms Registration and Transfer Record, not subject to registration, or a curio or relic); armor-piercing ammunition; chemical dispensing device; zip gun; tire deflation device; or improvised explosive device
- (Defense: conduct incidental to official duty by the armed forces, national guard, a governmental law enforcement agency or a correctional facility, §46.05(b). Short-barrel firearms and firearm silencers are no longer on the list.)
Penalty
Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§46.05(e), §12.34). Tire deflation devices: State jail felony — 180 days to 2 years + up to $10,000 fine (§46.05(e), §12.35).
Enhancements
Federal charges under the National Firearms Act (26 U.S.C. ch. 53) frequently apply concurrently for unregistered NFA items.