CRIMINAL DEFENSE
Weapons Crimes
Texas Possession Of Prohibited Weapons Defense Attorney
An arrest for possession of a prohibited weapon can expose you to fines, probation, community service, drug testing, and prison time. A conviction can also create a permanent criminal history that harms employment and housing opportunities.
The exact circumstances of possession and the nature of the item matter in these cases, and in some situations there may be strong grounds for dismissal or reduction.
Texas Penal Code Chapter 46 prohibits the intentional or knowing possession of listed prohibited weapons. Common examples include explosive weapons, machine guns, short-barrel firearms, armor-piercing ammunition, chemical-dispensing devices, zip guns, tire-deflation devices, and silencers.
Some categories are encountered more often than others, such as short-barrel firearms, silencers, certain ammunition, and devices that appear innocuous but are treated as prohibited by statute. People are often surprised to learn that an item they own falls within the statute.
Common defenses include lack of possession, illegal detention, illegal search, novelty or curio status, antique status, and factual disputes about whether the item fits the legal definition of a prohibited weapon.
Penalties depend on the offense level, the weapon involved, and the person’s criminal history. These are not charges to treat casually, because a conviction can have both immediate punishment consequences and long-term collateral consequences.
Weapons cases often depend on technical statutory definitions and Fourth Amendment issues. A defense attorney familiar with prohibited-weapons cases can identify whether the state can actually prove possession and whether the evidence was lawfully obtained.
