A firearm is defined as any weapon (including a starter gun) that will expel a projectile by means of an explosive—or is designed or may be readily converted to do so. This includes the frame or receiver of any such weapon, any firearm muffler or silencer, or any destructive device.
A destructive device includes any explosive, incendiary, or poison gas—(i) bomb; (ii) grenade; (iii) similar device; or (iv) any combination of parts designed or intended to be converted into a destructive device, or from which a destructive device may be readily assembled. A destructive device does not include black powder or antique type firearms. 18 U.S.C. §921(3).
It is a federal criminal offense—punishable by up to 5-10 years imprisonment, depending on the specific violation—to knowingly possess or manufacture:
• Any machine gun, fully automatic firearm, or any part designed or intended exclusively for use in such weapon;
• A firearm silencer, including any device, or part thereof, designed to silence, muffle or diminish the report of a firearm;
• A sawed-off shotgun with a barrel length of less than 18" or overall length less than 26";
• A sawed-off rifle with a barrel length of less than 16" or overall length less than 26";
• A destructive device;
• A semi-automatic assault weapon manufactured after October 1, 1993; or
• A firearm that lacks a serial number or contains an altered or obliterated serial number.
18 U.S.C. § 922(k), (o) & (v); 26 U.S.C. § 5861.
And federal firearms laws prohibit transactions in and possession of certain types of firearms. These include, for example:
• Transfer or possession of a machinegun—18 U.S.C. §922(o);
• Manufacture, importation, sale, or possession of any firearm not detectable by airport security devices—18 U.S.C. §922(p); and
• Possession of a firearm not registered as required by the National Firearms Act (NFA)—26 U.S.C. §5861(d).
In Texas, as in all states, federal firearm regulations apply, including those outlined in 18 U.S.C. §921(3) and related statutes. These regulations define a firearm as any weapon capable of expelling a projectile by means of an explosive, or that can be readily converted to do so, and include the frame or receiver, silencers, and destructive devices such as bombs and grenades. Federal law criminalizes the possession or manufacture of certain firearms and devices, including machine guns, silencers, sawed-off shotguns and rifles with barrels below a certain length, destructive devices, semi-automatic assault weapons manufactured after October 1, 1993, and firearms with altered or missing serial numbers. Penalties for violations can range from 5 to 10 years imprisonment. Additionally, federal law prohibits certain transactions and possession of specific types of firearms, such as machine guns, undetectable firearms, and unregistered firearms under the National Firearms Act (NFA). It is important for individuals in Texas to comply with both federal and state regulations regarding firearms to avoid severe legal consequences.
