Weapons Charges in Texas Criminal Law

Weapons charges are covered under both Texas law and Federal criminal law. This page only addresses the Texas state law offenses related to weapons. Weapons include not only guns, but also a long list of other prohibited items like explosives, body armor, and in some cases, even knives, nunchucks and bras knuckles. When looking at a particular weapons charge, the first thing to consider is whether the weapon is a covered weapon under the particular statute.

Many weapons charges have potential implications for rights related to owning firearms or possessing firearms. Some weapons charges only apply to certain individuals, for instance Texas Penal Code 46.04 (Unlawful Possession of Firearm) only applies to felons and certain other individuals.

What are the weapons crimes in Texas?

For the most part, weapons charges are found in Chapter 46 of the Texas Penal Code (abbreviated “PC” herein). However, other weapon-related charges are in other parts of the penal code. A list of all of the weapons charges is below:

• PC 30.06 – Trespass by License Holder with a Concealed Handgun
• PC 30.07 – Trespass by License Holder with an Openly Carried Handgun
• PC 38.14 – Taking or Attempting to Take Weapon From Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer
• PC 42.12 – Discharge of Firearm in Certain Municipalities
• PC 46.02 – Unlawful Carrying Weapons (“UCW“) *amendments effective September 1, 2021
• PC 46.03 – Places Weapon Prohibited *amendments effective September 1, 2021
• PC 46.035 – Unlawful Carrying of Handgun by License Holder *this law was repealed by the 87th Legislature, effective as of September 1, 2021
• PC 46.04 – Unlawful Possession of Firearm (“UPF“)
• PC 46.041 – Unlawful Possession of Metal or Body Armor by Felon
• PC 46.05 – Prohibited Weapons
• PC 46.06 – Unlawful Transfer of Certain Weapons
• PC 46.08 – Hoax Bombs
• PC 46.09 – Components of Explosives
• PC 46.10 – Deadly Weapon in Penal Institution
• PC 46.13 – Making a Firearm Accessible to a Child
• PC 46.14 – Firearm Smuggling