Prohibited Weapons in Texas | Are Brass Knuckles Illegal in Texas?
Yes, brass knuckles are illegal to possess in Texas. Under Texas’ Open Carry laws, qualified Texans can now carry a handgun in a holster on their waist just like they could in the Wild West. But there are still many other weapons that are illegal to possess or carry in Texas. Section 46.05 of the Texas Penal Code outlines the weapons that are prohibited to possess in Texas. The following is the list of weapons that are prohibited weapons in the state of Texas under Section 46.05:
- Explosive weapons*
- Machine guns*
- Short-barrel firearms*
- Firearm silencers*
- Brass knuckles
- Armor-piercing ammunition
- Chemical dispensing devises
- Zip guns; and
- Tire deflation devices
*However, explosive weapons, machine guns, short-barrel firearms, and firearm silencers will not be considered prohibited weapons if the item is registered in the National Firearms Registration and Transfer Record. There is no such exception for brass knuckles in Texas.
What are the Consequences of Possessing Brass Knuckles or a Prohibited Weapon in Texas? | What is the Punishment for Possession of Silencers?
A person commits a criminal offense if they intentionally or knowingly possess, manufacture, transport, repair, or sell any of the prohibited weapons.
- Possession of an explosive weapon, machine gun, short-barrel firearm, firearm silencer, armor-piercing ammunition, chemical dispensing device, or a zip gun is a third degree felony, punishable from 2-10 years in prison and a fine of up to $10,000
- The possession of a tire deflation device is a state jail felony, punishable from 6 months to 2 years in a State Jail Facility and a fine of up to $10,000.
- Finally, the possession of brass knuckles is a Class A misdemeanor, punishable by 0 – 365 days in county jail and a fine up to $4,000.
Defending Against a Brass Knuckles Charge | What Defenses are Available in a Prohibited Weapons Case?
For persons charged with possession of brass knuckles and other prohibited weapons offenses, there are several defenses that are recognized under the law.
- It is a defense if the person’s conduct was in connection to the performance of official duty by the armed forces or National Guard, a governmental law enforcement agency, or a correctional facility.
- Also, it is an affirmative defense if the person was dealing with a tire deflation device or armor-piercing ammunition solely for the performance in one of those official duties.
- An affirmative defense is also provided to a person dealing with a short-barrel firearm or tire deflation device solely as an antique or curio.
- Lastly, it is a defense if the possession of a chemical dispensing device if the person is a commissioned security officer and has received training on the use of the device by a training program provided by the Texas Commission on Law Enforcement or approved by the Texas Private Security Board of the Department of Public Safety.
Prohibited Weapons and Brass Knuckles Defense Attorneys in Fort Worth, Texas
If you are under investigation for a prohibited weapons case or if you have been charged with possession of a prohibited weapon, contact our team of Fort Worth criminal defense attorneys today. We provide a free consultation on every criminal case. As avid hunters with military experience, we are familiar firearms laws and defenses in Texas. Contact us today at (817) 993-9249.