Texas-Book-Gun Law Armed And Educated - Flipbook - Page 464
shotgun and rifle barrels 12 inches or more, less than 18 inches in
length, from which only a single discharge can be made from either
barrel without manual reloading, and shall include any such weapon
which may be readily restored to fire. Such term shall not include a
pistol or a revolver having a rifled bore, or rifled bores, or weapons
designed, made, or intended to be fired from the shoulder and not
capable of firing fixed ammunition.” See 26 U.S.C. § 5845(e).
1. Concealable weapons and devices
Weapons that are capable of being concealed from which a shot
can be discharged are AOWs. This includes such weapons as a pen
gun, knife gun, or umbrella gun. Texas law does not use the term
AOW but rather makes “zip guns” illegal. A “zip gun” is “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).
AOWs can be registered legally with the ATF; therefore, they are
legal to possess in Texas. On the other hand, zip guns are illegal,
regardless of registration. Due to a 2015 amendment, the wording
of Section 46.05 was changed. Instead of making NFA registration
a defense to crimes under Section 46.05, the Texas Legislature
criminalized only the possession of unregistered silencers, machine
guns, short-barreled rifles, and short-barreled shotguns. In doing
this, the Texas Legislature removed the NFA tax stamp as a defense
to possessing a zip gun. However, Texas law does not specifically
criminalize possession of an AOW. What is the difference between
AOWs and zip guns? While not the clearest line, the definition of
zip guns lends itself more readily to something that is not originally
created as a firearm, but is adapted to be a firearm, whereas an
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