Our firm has represented numerous clients with offenses involving weapons. The most common question we receive from the clients that we represent in these situation is “can I get my gun, knife, weapon, back?” The answer is, as always, it depends.
When you can’t get your weapon back.
Texas Code of Criminal Procedure 18.19(e) explains that if you are convicted of an offense involving the USE of a weapon, your weapon must be forfeited to the state. Then the state can either sell or destroy that weapon. But, it may be possible under the Texas code to get your weapon back.
Here, is when “it depends” is applicable.
Under 18.19(d), if you are convicted of a weapon offense under Texas Penal Code 46, you can get your weapon back, unless:
- You do not request the weapon before the 61st day after the date of the conviction or order placing you on deferred adjudication
- You have been previously convicted under Chapter 46 of the penal code
- The weapon is one prohibited under Chapter 46
- Examples: explosive weapon, machine gun, short-barrel firearm, knuckles, armor-piercing ammunition, chemical dispensing device, zip gun, tire deflation device, etc.
- Your offense was committed in or on the premises of a playground, school, video arcade, or youth center
- Or the court may decide, based on your prior criminal history or circumstances of the offense, that giving you possession of the weapon would pose a threat to the community
Depending on the five factors above, it may be possible to get your weapon back from the state. Give us a call and see if your case qualifies!