Texas-Book-Gun Law Armed And Educated - Flipbook - Page 435
B. What weapons are absolutely prohibited under Texas law?
The list of absolutely prohibited weapons is found in Texas
Penal Code Section 46.05. This section prohibits the possession,
manufacturing, transporting, repair, or sale of several different
weapons or classes of weapons. Possession of most of these
weapons is a third degree felony.
1. Chemical dispensing devices are prohibited with an exception
A chemical dispensing device means a “device, other than a small
chemical dispenser sold commercially for personal protection,
which is designed, made, or adapted for the purpose of dispensing
a substance capable of causing an adverse psychological or
physiological effect on a human being.” See Tex. Penal Code
§ 46.01(14). Because this definition of chemical dispensing
device specifically excludes “small chemical dispenser[s] sold
commercially for personal protection,” items such as personal
mace or pepper-spray, as well as bear or wasp spray, are not
prohibited. Instead, a chemical dispensing device includes items
that cause “adverse psychological or physiological effect[s]” on
people such as tear gas, including items available to the military or
law enforcement, and not the general public.
2. Zip guns
A zip gun is defined as “a device or combination of devices that
was not originally a firearm and is adapted to expel a projectile
through a smooth-bore or rifled-bore barrel by using the energy
generated by an explosion or burning substance.” See Tex. Penal
Code § 46.01(16). Essentially, this definition prevents individuals
from building a firearm with spare parts lying around that are not
firearm parts or parts originally from a firearm. In other words, a
potato gun could potentially land you in trouble.
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