§ 7.01 — Definitions and lawful possession
- Firearm: A weapon designed to expel a projectile by combustion, including the frame or receiver.
- Handgun: A firearm designed to be fired with one hand.
- Long gun: A rifle or shotgun intended to be fired from the shoulder.
- Restricted weapon: A machine gun, short-barreled rifle or shotgun, destructive device, disguised firearm, or weapon prohibited by server policy.
- Destructive device: A bomb, grenade, mine, rocket, explosive projectile, or similar device, excluding lawful industrial and approved pyrotechnic devices.
- Prohibited possessor: A person barred by felony conviction, qualifying violent order, adjudicated dangerous incapacity, fugitive status, or other court order.
Lawful peace officers, military personnel, licensed dealers, certified security personnel, and authorized emergency or industrial workers are exempt only while acting within the scope of authority.
Chapter 7A — Firearm possession and carrying
| Section | Offense | Grade | Elements |
|---|
| § 7.10 | Unlawful concealed carry | M1 | Knowingly carries a concealed handgun in public without a valid license or exemption. |
| § 7.11 | Unlawful open carry | M2 | Openly carries a firearm where prohibited or in a manner violating license conditions. Holstered carry allowed by server policy is excluded. |
| § 7.12 | Firearm possession by a prohibited person | F4 | Knowingly possesses or controls a firearm while legally prohibited. Possession during a violent felony is F3. |
| § 7.13 | Firearm in a restricted place | M1 | Knowingly possesses a firearm in a courthouse, jail, secure airport area, school, polling place, or posted government facility without authorization. Criminal purpose is F4. |
| § 7.14 | Unlawful possession of a restricted weapon | F3 | Knowingly possesses a restricted weapon without the license or authorization required by state policy. |
| § 7.15 | Unlawful possession of an unregistered suppressor | F4 | Knowingly possesses or uses a firearm suppressor not registered or authorized as required. |
| § 7.16 | Possession of firearm while intoxicated | M1 | Carries or controls a readily accessible firearm in public while materially impaired by alcohol or drugs, excluding secured transport. |
| § 7.17 | Failure to secure firearm from a child or prohibited person | M1 | Criminally negligently stores or leaves a firearm where a child or known prohibited person gains access. Use causing injury is F4. |
| § 7.18 | Possession of weapon in detention facility | F3 | Knowingly possesses or introduces a firearm, destructive device, or deadly weapon in a jail or prison without authority. |
Chapter 7B — Use, transfer, and trafficking
| Section | Offense | Grade | Elements |
|---|
| § 7.20 | Brandishing a weapon | M1 | Displays or exhibits a deadly weapon in a threatening manner not justified by self-defense or lawful duty. |
| § 7.21 | Unlawful discharge of a firearm | M1 | Knowingly discharges a firearm in a prohibited area or without a safe lawful purpose. Discharge creating substantial danger is F5. |
| § 7.22 | Discharge into an occupied structure or vehicle | F3 | Knowingly discharges a firearm at or into a structure or vehicle known or reasonably believed to be occupied. |
| § 7.23 | Negligent handling of a firearm | M1 | Through criminal negligence, handles, stores, transports, or fires a firearm in a manner creating substantial risk of injury. |
| § 7.24 | Defacing a firearm serial number | F4 | Knowingly removes, alters, obliterates, or counterfeits a firearm serial or identification mark. |
| § 7.25 | Possession of a defaced firearm | F5 | Knowingly possesses a firearm whose identifying mark has been unlawfully removed or altered. |
| § 7.26 | Straw purchase of a firearm | F4 | Acquires or attempts to acquire a firearm for a prohibited person or falsely represents the true buyer. |
| § 7.27 | Unlawful firearm transfer | M1 | Knowingly transfers a firearm without required verification, record, waiting period, or license. Transfer to a prohibited person is F4. |
| § 7.28 | Firearm trafficking | F3 | As part of a business or repeated scheme, unlawfully acquires, transports, sells, or distributes firearms. Five or more weapons or organized-crime purpose is F2. |
| § 7.29 | Furnishing a weapon for a felony | F4 | Knowingly provides a firearm or deadly weapon intending that it be used in a felony. |
| § 7.30 | Possession of armor-piercing ammunition | F5 | Knowingly possesses restricted armor-piercing or explosive ammunition without lawful occupational authority. Use in crime is F3. |
| § 7.31 | Body armor during commission of a felony | F5 | Knowingly wears or uses ballistic body armor while committing or fleeing an intentional felony. This may be charged in addition to the felony. |
Chapter 7C — Explosives and other weapons
| Section | Offense | Grade | Elements |
|---|
| § 7.40 | Unlawful possession of explosives | F4 | Knowingly possesses explosive material or a blasting device without required license, storage, or lawful purpose. |
| § 7.41 | Manufacture of a destructive device | F2 | Knowingly manufactures, assembles, or modifies a bomb or destructive device without lawful authority. |
| § 7.42 | Possession of a destructive device | F2 | Knowingly possesses, transports, or controls a destructive device without lawful authority. |
| § 7.43 | Use of a destructive device | F1 | Detonates, deploys, or attempts to use a destructive device to damage property, injure, terrorize, or influence government. Death may support capital murder. |
| § 7.44 | Explosive threat or placement | F3 | Places an apparent explosive or threatens detonation with intent to alarm, evacuate, extort, or interfere with public operations. An inert hoax device may be charged here or under § 5.35, not both. |
| § 7.45 | Unlawful sale of explosives | F3 | Knowingly sells or transfers explosives or destructive-device components without authority or to a prohibited person. |
| § 7.46 | Possession of prohibited melee weapon | M1 | Knowingly carries a weapon specifically prohibited by state policy, such as a disguised blade, ballistic knife, or weapon designed to evade detection. Ordinary tools and lawful sporting knives are excluded. |
| § 7.47 | Possession of weapon with criminal intent | F5 | Possesses any dangerous weapon under circumstances demonstrating intent to use it in a felony, when no more specific weapons offense applies. |
Comments