Under the Texas Code of Criminal Procedure, if an individual is convicted of a criminal offense involving a weapon, he or she must forfeit the weapon at issue to the state. This is the case whether the weapon in question is a gun, knife, or another type of weapon. Once this forfeiture has occurred, the state can sell or destroy your weapon. However, there are some circumstances in which you may be able to get your weapon back from the state.
When Can I Get My Weapon Back?
An individual is entitled to get his or her weapon back after being convicted of a crime involving a weapon, unless one of the following circumstances is true:
- The individual fails to request the weapon back prior to the 61st day following the date of conviction or order of deferred adjudication.
- The individual has a prior conviction under Chapter 46 of the Texas Penal Code.
- The weapon at issue is a weapon that Chapter 46 of the Penal Code prohibits, such as an explosive weapon, machine gun, chemical dispensing device, or armor-piercing ammunition, among others.
- The criminal offense involving the weapon occurred at a playground, school, video arcade, or youth center.
- The weapon at issue is considered to be stolen property, in which case the state will return it to its rightful owner.
- The court determines that returning the weapon to the individual would pose a threat to the community.
In any of these situations, the individual’s weapon is permanently forfeited, and he or she will never be able to get it back from the state. Additionally, you should keep in mind that Texas law prohibits individuals from carrying certain types of weapons out in public, although they are permissible in the owner’s home. These weapons include swords, tomahawks, and knives with blades longer than 5.5 inches. Although the state will confiscate these weapons if an individual is caught in possession of them, the state likely will return them to the individual upon request, unless one of the situations listed above applies.
The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing any type of criminal charges, whether at the state or federal level. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 359-3362 to set up an appointment with our Texas criminal defense attorneys today.