TEXAS STATE PENAL CODES
(WEAPON CHARGES)
This section covers offenses involving the illegal possession, use, distribution, or trafficking of firearms and other weapons. It includes regulations on carrying without a permit, unlawful modifications, prohibited weapons, and crimes committed with a deadly weapon, aiming to promote public safety and responsible ownership.
Displaying a firearm with the intent to intimidate or threaten another individual.
This law does not apply to individuals legally defending themselves or others under state or federal self-defense statutes.
If the firearm has a round chambered at the time of the offense, the charge is upgraded to a felony.
Unlawfully possessing a handgun, long-barreled semi-automatic weapon, or automatic firing weapon.
Felons in possession of a firearm are subject to an automatic felony charge.
Individuals who do not have the proper licensing or documentation required for firearm ownership are in violation of this law.
Knives: Switchblades, pocket knives, or butterfly knives with blades longer than 5 inches.
Possession is considered a misdemeanor.
Tasers: Police-issued style tasers with deployable probes.
Possession is considered a misdemeanor.
Firearms: Any illegal or unlawfully modified firearm.
Possession is considered a felony.
Knowingly possessing, concealing, or harboring any weapon that was used in the commission of a criminal offense.
The individual must have full knowledge that the weapon was involved in a crime.
The individual must willfully retain or conceal the weapon despite this knowledge.
The unlawful discharge of a firearm under circumstances not covered by legal self-defense.
Discharging a firearm in a public area.
Discharging a firearm while hunting within 500 feet of an occupied building.
Discharging a firearm toward or across a public roadway within 500 feet of the road.
Discharging a firearm on private property without the owner’s consent.
Note: Lawful self-defense or defense of others does not apply to this charge. The severity of the charge (misdemeanor or felony) is determined by the context and any resulting harm.
Carrying a concealed firearm without possessing a valid Concealed Carry Weapon (CCW) permit issued by the state.
Individuals must have the appropriate permit to legally conceal a firearm on their person or in a vehicle.
Open carrying a handgun or rifle without a valid Open Carry Weapon (OCW) license.
This charge differs from Unlawful Possession, which applies to individuals without a valid Weapons Ownership License (WOL).
This includes:
Carrying a handgun without an OCW license.
Open carrying a rifle without an OCW license.
Open carrying a loaded rifle in public without proper authorization.
Failure to notify a law enforcement officer that an individual is carrying a firearm during a traffic stop or while the officer is conducting an investigation.
This applies to any person who is in possession of a firearm on their person or within their vehicle and does not inform the officer at the time of contact.
First Offense: Infraction
Second Offense: Misdemeanor
Upgraded to Felony: If the firearm has a round chambered at the time of the violation.
Unlawful possession of a handgun, long-barreled semi-automatic weapon, or automatic firing weapon without proper authorization.
This charge applies when:
The owner does not possess a valid Weapons Ownership License (WOL).
The firearm has not been properly registered.
The owner does not hold the required licensing for the specific type of weapon.
First Offense: Misdemeanor — WOL will be suspended for 1 year.
Second Offense: Felony — WOL will be permanently revoked.
