Texas Prohibited Weapons Defense Lawyers

While Texas has some of the most permissive firearms laws in the country, certain categories of weapons remain completely prohibitedunderTexas Penal Code §46.05. Possession of a prohibited weapon is athird-degree felony (2 to 10 years in prison, fine up to $10,000) unless a specific exception applies.

What Weapons Are Prohibited?

• Explosive weapons — bombs, grenades, rockets, mines, and similar devices (excluding lawful fireworks)
• Machine guns — any weapon capable of firing automatically with a single pull of the trigger
• Short-barrel firearms — rifles with barrels shorter than 16 inches, shotguns with barrels shorter than 18 inches, or any firearm with an overall length under 26 inches
• Armor-piercing ammunition — ammunition designed to penetrate body armor or bullet-resistant shields
• Chemical dispensing devices — excluding small, commercially available self-defense sprays
• Zip guns — improvised firearms not commercially manufactured
• Tire deflation devices — devices designed to deflate tires when driven over (unless used by law enforcement)

Items That Are NOT Prohibited

The following items were removed from the prohibited weapons list by the Texas Legislature in recent years and are now legal to possess:

• Suppressors (silencers) — legal in Texas if registered under the National Firearms Act (NFA)
• Switchblade knives and automatic knives — legalized in 2013
• Brass knuckles — legalized in 2019
• Clubs — legalized in 2019

The NFA Compliance Defense

The most important defense for machine gun and short-barrel firearm charges is compliance with the National Firearms Act (NFA). Under federal law, individuals may legally possess machine guns manufactured before May 19, 1986, short-barrel rifles, short-barrel shotguns, and suppressors if the items areproperly registered with the ATF and all applicable taxes have been paid.

Texas Penal Code §46.05(c) provides an affirmative defense if the defendant possesses the item in compliance with the NFA. This means:

• If your short-barrel rifle is registered under the NFA with an approved Form 4 or Form 1, you have a complete defense to the state charge
• If your suppressor is properly registered, possession is lawful
• The burden is on the defendant to raise the NFA compliance defense and present registration documentation

Common Scenarios

AR-15 Configuration Issues

Firearms enthusiasts who modify AR-15 platform rifles can inadvertently create a short-barrel rifle (barrel under 16 inches without an NFA registration) or a configuration that the ATF classifies as a machine gun. A weapon that was legal when purchased may become illegal through modification.

Inherited or Purchased Items

Individuals who inherit firearms collections or purchase items at gun shows may unknowingly possess NFA items without proper registration — a short-barrel shotgun from a grandparent, a machine gun component, or an unregistered suppressor.

3D-Printed and Homemade Firearms

The proliferation of 3D-printed firearm components and home gunsmithing has led to cases where individuals manufacture items that qualify as prohibited weapons — particularly short-barrel firearms and devices that convert semi-automatic weapons to fire automatically.

Defense Strategies

• NFA compliance defense. Doug presents registration documentation, ATF Forms 1 and 4, tax stamps, and other evidence of lawful NFA registration.
• Challenging the classification. Is the item actually a “machine gun,” “short-barrel firearm,” or other prohibited weapon under the statutory definition? Measurement disputes, classification ambiguities, and the ATF’s shifting interpretations of what constitutes a prohibited item create defense opportunities.
• Lack of knowledge. The defendant must have knowingly possessed a prohibited weapon. If the defendant inherited the item, received it from another person, or did not know its characteristics made it prohibited, the knowledge element is at issue.
• Fourth Amendment challenges. How was the weapon discovered? Doug challenges the search that led to the discovery of the prohibited item.
• Federal coordination. Prohibited weapons cases can be prosecuted at both the state and federal level. Attorney James Lee Bright coordinates with Doug to manage jurisdiction and achieve the best outcome across both systems.

Protect Your Rights — Contact Deandra Grant Law Today

If you or someone you love is facing firearm charges in Texas, contact Deandra Grant Law for a free, confidential case review. AttorneyDouglas Huffdefends clients against state firearms charges. For federal firearms cases, AttorneyJames Lee Bright provides experienced federal defense in the Northern and Eastern Districts of Texas. Our forensic credentials and 30+ years of experience give you a defense team equipped to handle any weapons charge.

Call (214) 225-7117 or schedule an appointment online at texasdwisite.com.