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Weapons Charges

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 PC 46.035 (Unlawful Carrying of Handgun by License Holder) only applies to concealed carry license holders and PC 46.04 (Unlawful Possession of Firearm) only applies to felons and certain other individuals.

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“)
  • PC 46.03 – Places Weapon Prohibited
  • PC 46.035 – Unlawful Carrying of Handgun by License Holder
  • 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 46.07 – Interstate Purchase
  • PC 46.08 – Hoax Bombs
  • PC 46.09 – Components of Explosives
  • PC 46.10 – Deadly Weapon in Penal Institution
  • PC 46.11 – Penalty if Offense Committed Within Weapon-Free School Zone
  • PC 46.12 – Maps as Evidence of Location or Area
  • PC 46.13 – Making a Firearm Accessible to a Child
  • PC 46.14 – Firearm Smuggling

Published by Criminal Defense Attorney on and last modified