oh yeah... i read that... it just didn't "click"
in the immortal words of Homer, "DOH!"
ok, another question then. As i read this below it sounds like the civilian possession of of OC/CS would be illegal. I know from various sources I consider reliable that it's not.
§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that
the actor's conduct was incidental to the performance of official
duty by the armed forces or national guard, a governmental law
enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that
the actor's possession was pursuant to registration pursuant to the
National Firearms Act, as amended.
(d) It is an affirmative defense to prosecution under this
section that the actor's conduct:
(1) was incidental to dealing with a switchblade
knife, springblade knife, or short-barrel firearm solely as an
antique or curio; or
(2) was incidental to dealing with armor-piercing
ammunition solely for the purpose of making the ammunition
available to an organization, agency, or institution listed in
Subsection (b).
(e) An offense under this section is a felony of the third
degree unless it is committed under Subsection (a)(5) or (a)(6), in
which event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for
the possession of a chemical dispensing device that the actor is a
security officer and has received training on the use of the
chemical dispensing device by a training program that is:
(1) provided by the Commission on Law Enforcement
Officer Standards and Education; or
(2) approved for the purposes described by this
subsection by the Texas Private Security Board of the Department of
Public Safety.
(g) In Subsection (f), "security officer" means a
commissioned security officer as defined by Section 1702.002,
Occupations Code, or a noncommissioned security officer registered
under Section 1702.221, Occupations Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 918, ch. 342, § 15, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 2, eff.
Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, § 2, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(47),
eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, § 2, eff.
Sept. 1, 1991; Renumbered from V.T.C.A., Penal Code § 46.06 and
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 2003, 78th Leg., ch. 1071, § 1, eff. Sept. 1, 2003;
Acts 2005, 79th Leg., ch. 1035, § 2.01, eff. Sept. 1, 2005; Acts
2005, 79th Leg., ch. 1278, § 7, eff. Sept. 1, 2005.
oh, and what the heck is a zip gun?
sorry for th 20 questions.
