Texas-Book-Gun Law Armed And Educated - Flipbook - Page 439
law enforcement agency, or a correctional facility who use one
of these prohibited weapons in the course of their official duties
are provided a defense to prosecution. This explains why, most
commonly, one would see a police officer use a spike strip in the
course of a high-speed chase down the highway but not be charged
with a crime for breaking the law regarding prohibited weapons.
E. Affirmative defenses for antique weapons, and use of or sales
of tire deflation devices to military or law enforcement agencies
In addition, Texas law provides an affirmative defense to prosecution
available to individuals whose conduct was incidental to dealing
with a tire deflation device solely as an antique or curio. This means
that persons who possess ancient caltrops, such as those described
earlier, are subject to the affirmative defense. See Tex. Penal Code
§ 46.05(d)(1).
Moreover, individuals whose conduct was incidental to dealing
with a tire deflation device solely for the purpose of making them
available to an organization, agency, or institution within the armed
forces or national guard, a governmental law enforcement agency,
or a correctional facility are also provided with an affirmative
defense. See Tex. Penal Code § 46.05(d)(3).
III. GENERALLY PROHIBITED WEAPONS
As opposed to Texas Penal Code Section 46.05, which strictly
prohibits the possession, manufacture, transport, or sale of certain
weapons, Section 46.02 prohibits the carrying of handguns and
location-restricted knives. Section 46.02(a), as amended by the
Firearm Carry Act of 2021, prohibits the carrying of a handgun
on or about one’s person either intentionally, knowingly, or
recklessly and, at the time, the person:
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