Dallas Possession of a Prohibited Weapon Attorney

In Texas, you can be charged with possession of a prohibited weapon if it’s alleged that you exercised care, custody, or control over certain items. These items include any explosive weapons, machine guns, sawed-off shotguns, silencers, switchblades, brass knuckles, armor-piercing ammo, chemical dispensing devices, or zip guns. If it’s alleged that you possessed a switchblade or brass knuckles (or “knuckles” of any type, for that matter), you will be charged with

a Class A misdemeanor, for which the penalty range is up to 1 year in the county jail, and up to a $4,000 fine. For all other allegations involving possession of a prohibited weapon, the charge is a third degree felony, which carries 2 to 20 years in state prison, and up to a $10,000 fine. However, the law does provide several defenses to prosecution. For example, if your possession of the weapon was incidental to the performance of an official duty (e.g., as a police officer, or officer in a county jail or state prison), you cannot be successfully prosecuted for this offense. Likewise, if you possess a switchblade knife or sawed-off shotgun, solely as an antique or curio, the law also provides you with a defense.