Federal weapons charges are enough of a problem, but Texas law has a number of weapons charges on the books, and they are not limited to guns. Everything from firearms to explosives to body armor and even brass knuckles can result in state law charges in Texas. Some of these statutes mirror federal law, but some do not. At least some law sections related to carrying a handgun on your person might be mooted by the recent passage by the Texas legislature of a “constitutional carry” bill that the governor likely will sign into law. Nonetheless, federal laws aside, Texas has a number of laws that put some bite into state enforcement of weapons restrictions. If you are facing state weapons charges, you should talk to the Madrid Law Firm.
Texas Weapons Charges Cover a Lot of Ground
Texas weapons laws cover way more than firearms, and they cover far more than simply having a prohibited weapon. Texas law makes it a crime to possess, transport, manufacture, repair, or sell any item covered by the Texas statute. There are exceptions for historic or antique weapons and for weapons registered in the National Firearms Registration and Transfer Record. Many state weapons laws parallel federal laws, but not all do. Concealed-carry laws are strictly a matter of state law. However, the Texas legislature recently passed a “constitutional carry” law, embracing the Second Amendment right to “keep and bear arms” without a permit, which would eliminate carry permit requirements completely. Felons and other individuals barred under state or federal law, of course, still would not be allowed to carry – or even own – firearms.
Even in cases where federal law applies, state officials don’t have to wait – state laws apply to a wide variety of weapons, including:
- Explosive weapons, including any bombs, grenades, mines, or improvised explosive devices
- Fully automatic weapons, such as machine guns
- Shot-barrel firearms, which includes any rifle with a barrel length of less than 16 inches or a shotgun with a barrel of less than 18 inches long, as well as any shotgun or file altered to a length of less than 26 inches
- Armor-piercing ammunition
- Silencers
- Chemical dispensing devices, not including products available commercially, such as pepper spray
- Zip guns
- Tire deflation devices
State weapons charges start out as third-degree felonies and can go up from there, depending upon circumstances. A third-degree felony can get you between two and 10 years in prison, in addition to a fine of up to $10,000. Prior offenses or other circumstances can elevate the level of offense as well as the potential punishment.
If You are Looking at State Weapons Charges in the Houston Area, Talk to Madrid Law Firm
State weapons charges are separate from federal charges. While the principle of double jeopardy prevents federal and state officials from trying you for the same crime, the fact that state officials have many of what amount to the same charges as under federal law can subject you to significant penalties even if you do not face federal charges. If you are facing state weapons charges, you still want to get the best defense available. Conviction on weapons charges – state or federal – can have a significant impact on your life. You need a criminal defense lawyer with the experience to ensure your rights are protected. Talk to the Madrid Law Firm.
