A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells: an explosive weapon, a machine gun, a short-barrel firearm, a firearm silencer, a switchblade knife, knuckles, armor-piercing ammunition, a chemical dispensing device, or a zip gun.
A prohibited weapon offense may be classified as misdemeanor or felony offense. Classification will depend upon the type of weapon involved, the type of crime committed, if another person sustained bodily injury, the extent of the person’s bodily injuries, if the accused has prior criminal convictions, and if the accused has prior weapon convictions. If the accused has prior criminal convictions, and/or if the accused caused bodily injury to another person, it is very likely that his/her criminal charges will be enhanced.
If you have been charged with a weapon crime, especially a crime involving the illegal use of a firearm, it is important that you retain the services of a skilled criminal defense attorney. If you are convicted of a weapon crime, you face life-altering criminal penalties that could negatively impact your future. For this reason, it is in your best interest to hire an attorney who can defend you both in and out of court and protect your individual rights.
Types of Weapon Crimes:
- unlawful carrying of a weapon
- places weapons prohibited
- unlawful possession of a firearm
- prohibited weapon
- unlawful transfer of certain weapons
- hoax bombs
- components of explosives
- making a firearm accessible to a child
Weapon Crime Penalties:
Any person who is convicted of a weapon crime may be sentenced with jail or prison time, fines, probation, parole, and community service. Additionally, the person’s weapon conviction will show up on his/her criminal record, which is accessible to the public. When a person has a weapon crime conviction on his/her criminal record, it can be very difficult for him/her to obtain employment, housing, and education opportunities.
Texas HB 1815 Clarifies UCW – Unlawful Carrying of a Weapon
H.B. 1815 clarifies that a person has a right to carry a handgun, club or certain knives on the persons own premises or premises under his own control, or inside of, or en route, to a motor vehicle under the persons control. It would redefine the UCW offense in Penal Code Section 46.02 and specify that the criteria a person has to meet in order to qualify for the traveling presumption under current law would need to be met under Section 46.02, Penal Code, to avoid committing a UCW offence. Here’s the new language.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the persons own premises or premises under the persons control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the persons control.
(a-1) A person commits an offence if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the persons control at any time in which:
(1) the hand gun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C Misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01