Texas-Book-Gun Law Armed And Educated - Flipbook - Page 71
A. What is a firearm?
FEDERAL DEFINITION
Under federal law, a firearm is defined as “any weapon (including
a starter gun) which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive.”
18 U.S.C. § 921(a)(3). The federal definition of a firearm also
includes the frame or receiver of any such weapon, any firearm
muffler or silencer, or any “destructive device.” This is similar to
the Texas definition, but not exactly the same.
TEXAS DEFINITION
In the State of Texas, for purposes of applying state and not federal
law, a firearm is defined by the Texas Penal Code in Chapter 46.
Section 46.01(3) defines a firearm as “any device designed, made,
or adapted to expel a projectile through a barrel by using the energy
generated by an explosion or burning substance or any device
readily convertible to that use.”
Why might it be important to know the different ways the term
“firearm” is defined under federal and state law? It is because if a
person finds themselves charged with a crime by federal authorities,
the federal definition of a firearm will apply. Likewise, if the charge
is under a violation of state law, then the Texas definition will apply.
Thus, the primary difference in the definitions and their impact on
a defendant charged with a crime involving a firearm lies with how
a person may be in trouble with the law. As we will see in the
next section, the definitions of what does and does not constitute
a firearm, although similar in many aspects, contain an array of
differences that make violating the law unwittingly easy.
60 | CHAPTER FIVE
