Penal Code Quiz CH.46 Weapons
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Questions and Answers

What is the charge for the crime of 'Unlawful Possession of a Deadly Weapon in a Penal Institution'?

  • Felony of the First Degree
  • Felony of the Second Degree
  • Misdemeanor
  • Felony of the Third Degree (correct)

    • Is it an affirmative defense to prosecution for 'Unlawful Possession of a Deadly Weapon in a Penal Institution' if the actor was engaged in conduct authorized by an employee of the penal institution?

  • No, it is not considered an affirmative defense.
  • Yes, it is considered an affirmative defense. (correct)
  • It depends on whether the weapon was loaded.
  • It depends on the age of the actor.

    • What crime is committed if a child gains access to a readily dischargeable firearm and the person with criminal negligence fails to secure the firearm or leaves it in a place accessible to the child?

  • Reckless Endangerment
  • Making a Firearm Accessible to a Child (correct)
  • Negligent Possession of a Firearm
  • Child Endangerment

    • Is it an affirmative defense in the context of 'Making a Firearm Accessible to a Child' if the child's access to the firearm was supervised by an adult over 18 for hunting, sporting, or other lawful purposes?

    <p>Yes, it is considered an affirmative defense.</p> Signup and view all the answers

    What degree of felony is associated with 'Making a Firearm Accessible to a Child'?

    <p>Making a Firearm Accessible to a Child' is not classified as a felony</p> Signup and view all the answers

    In which scenario would leaving a firearm unsecured not be considered 'Making a Firearm Accessible to a Child'?

    <p>Leaving it on a high shelf out of reach</p> Signup and view all the answers

    Who would be exempt from Sections 46.02 (Unlawful Carrying of Weapons) and 46.03 (Places Weapons are Prohibited) regarding unlawful carrying of weapons?

    <p>Peace Officers and Special Investigators</p> Signup and view all the answers

    In what scenario would 'Making a Firearm Accessible to a Child' be classified as a Class A Misdemeanor?

    <p>If the child discharges the firearm and causes serious bodily injury to another person</p> Signup and view all the answers

    Who is required to post the statement “IT IS UNLAWFUL TO STORE, TRANSPORT, or ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."?

    <p>Dealers of Firearms</p> Signup and view all the answers

    A peace officer or other person may not arrest the actor before the BLANK day after the date on which the offense of, “Making a Firearm Accessible to a Child” is committed if the actor is a member of the family and the child in discharging the firearm caused the death of or serious injury to the child.

    <p>Seventh Day</p> Signup and view all the answers

    What is the title of Chapter 46 of the Penal Code?

    <p>Weapons</p> Signup and view all the answers

    What crime is committed if a person manufactures, sells, purchases, transports, or possesses a device with intent to cause alarm or reaction by an official of a public safety agency or volunteer agency organized to deal with emergencies?

    <p>Unlawful Possession of a Hoax Bomb</p> Signup and view all the answers

    What degree of felony is associated with 'Unlawful Possession of Components of Explosives'?

    <p>Third Degree Felony</p> Signup and view all the answers

    A person while confined in a penal institution, intentionally, knowingly, or recklessly carries, possesses, or conceals on or about his person a deadly weapon. Is what offense?

    <p>Unlawful Possession of a Deadly Weapon in a Penal Institution</p> Signup and view all the answers

    Under what circumstances would a person be charged with 'Unlawful Possession of Components of Explosives'?

    <p>Combining components into an explosive weapon for criminal use</p> Signup and view all the answers

    An instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: Blackjack, Nightstick, Mace, and Tomahawk. Is the definition of what?

    <p>Club</p> Signup and view all the answers

    Any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery. Is the definition of what?

    <p>Explosive Weapon</p> Signup and view all the answers

    Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Does not include any antiques or replicas made before 1899 as long as they do not use rim fire or center fire ammunition. Is the definition of what?

    <p>Firearm</p> Signup and view all the answers

    Any firearm that is designed, made, or adapted to be fired with one hand. Is the definition of what?

    <p>Handgun</p> Signup and view all the answers

    A knife with a blade over five and one-half inches. Is the definition of what?

    <p>Location-Restricted Knife</p> Signup and view all the answers

    Any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. Is the definition of what?

    <p>Machine Gun</p> Signup and view all the answers

    Ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. Is the definition of what?

    <p>Armor Piercing Ammunition</p> Signup and view all the answers

    Any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. Is the definition of what?

    <p>Knife</p> Signup and view all the answers

    A device that reasonably appears to be an explosive or incendiary device; or by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. Is the definition of what?

    <p>Hoax Bomb</p> Signup and view all the answers

    A facility licensed under this subtitle for the conduct of pari-mutuel wagering on horse racing or greyhound racing. Is the definition of what?

    <p>Racetrack</p> Signup and view all the answers

    A rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. Is the definition of what?

    <p>Short Barrel Firearm</p> Signup and view all the answers

    A device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. Is the definition of what?

    <p>Tire Deflation Device</p> Signup and view all the answers

    Includes a volunteer firefighter, an emergency medical services volunteer, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. Is the definition of what?

    <p>Volunteer Emergency Services Personnel</p> Signup and view all the answers

    A device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. Is the definition of what?

    <p>Chemical Dispensing Device</p> Signup and view all the answers

    A device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. Is the definition of what?

    <p>Zip Gun</p> Signup and view all the answers

    A motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. Is the definition of what?

    <p>Recreational Vehicle</p> Signup and view all the answers

    A public safety employee whose duties include responding rapidly to an emergency. The term includes fire protection personnel and emergency medical services personnel. The term does not include: volunteer emergency services personnel, volunteer emergency medical services volunteer, or peace officers who are performing law enforcement duties. Is the definition of what?

    <p>First Responder</p> Signup and view all the answers

    A completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. Is the definition of what?

    <p>Improvised Explosive Device</p> Signup and view all the answers

    Any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. Is the definition of what?

    <p>Watercraft</p> Signup and view all the answers

    A permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. Is the definition of what?

    <p>Amusement Park</p> Signup and view all the answers

    A person licensed to carry a handgun. Is the definition of what?

    <p>License Holder</p> Signup and view all the answers

    An area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. Is the definition of what?

    <p>Secured Area</p> Signup and view all the answers

    Any-body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. Is the definition of what?

    <p>Metal or Body Armor</p> Signup and view all the answers

    A firearm that is loaded with ammunition, whether or not a round is in the chamber. Is the definition of what?

    <p>Readily Dischargeable Firearm</p> Signup and view all the answers

    To take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. Is the definition of what?

    <p>Secure</p> Signup and view all the answers

    Intentionally, knowingly, or recklessly carries on or about his or her person a handgun, when younger than 21 years of age, or has been convicted of certain offenses and is not on their own premises. Handgun is in plain view in a vehicle or watercraft and not holstered or on a person’s body while engaged in criminal activity other than a Class C Misdemeanor. Is what Crime?

    <p>Unlawful Carrying Weapons</p> Signup and view all the answers

    Intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife, is younger than 18 years of age, is not on the person’s own premises or enroute to person’s vehicle, and or is not under the direct supervision of a parent or legal guardian of the person. Is what crime?

    <p>Unlawful Carrying of a Location-Restricted Knife</p> Signup and view all the answers

    A person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. Is what crime?

    <p>Unlawful Carrying of a Handgun</p> Signup and view all the answers

    It is not an exception to the application of, "Unlawful Carrying of a Handgun" when the handgun is intentionally displayed in plain view of another person in a public place when that the handgun was partially or wholly visible but was carried in a holster.

    <p>False</p> Signup and view all the answers

    A person carries a handgun while the person is intoxicated in public. Is what crime?

    <p>A and C</p> Signup and view all the answers

    What is the charge for the crime of, “Unlawful Carrying of a Handgun”?

    <p>Class A Misdemeanor</p> Signup and view all the answers

    What is the charge for the crime of, “Unlawful Carrying of a Location-Restricted Knife”?

    <p>Class C Misdemeanor</p> Signup and view all the answers

    What is the charge for a Felon found in possession of a handgun?

    <p>Felony of the Third Degree</p> Signup and view all the answers

    What is the charge for a person found with a handgun that has been convicted of a Family Offense and is prohibited form possessing a firearm?

    <p>Felony of the Third Degree</p> Signup and view all the answers

    What is the charge for the crime, “Unlawful Possession of a Hoax Bomb”?

    <p>Class A Misdemeanor</p> Signup and view all the answers

    Which is not one of the places a person cannot intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon to?

    <p>Grocery Store</p> Signup and view all the answers

    What is the charge/penalty for carrying a weapon into a place where they are prohibited from being possessed?

    <p>Felony of the Third Degree</p> Signup and view all the answers

    What is the charge for the crime, “Places Weapons are Prohibited” if the weapon that is the subject of the offense is a location- restricted knife?

    <p>Class C Misdemeanor</p> Signup and view all the answers

    What is the charge enhanced to for the crime, “Places Weapons are Prohibited” when the weapon that is the subject of the offense is a location- restricted knife and the offense is committed on the premises of a school or postsecondary educational institution?

    <p>Felony of the Third Degree</p> Signup and view all the answers

    What is the charge for the crime, “Places Weapons are Prohibited” if the offense takes place at:

    1. A Highschool, College, or Professional Sporting Event,
    2. At a Civil Commitment Facility,
    3. On the premises of a Hospital, or
    4. At an Amusement Park,
    5. Polling Place during Election,
    6. Premises of Government Court, and
    7. A Horse Track?

    <p>Class A Misdemeanor</p> Signup and view all the answers

    It is a defense to prosecution for the crime of, “Carrying a Prohibited Weapon at a Horse Track” that the actor possessed the weapon while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies.

    <p>True</p> Signup and view all the answers

    A license holder carries a handgun on or about the license holder's person and intentionally displays the handgun in plain view of another person in a public place. Is what crime?

    <p>Unlawful Carrying of Handgun by License Holder</p> Signup and view all the answers

    A person living with or a convicted felon, a member of a criminal street gang, a person with a Class A Misdemeanor derived from an assault offense against the family, is in possession of a firearm. Is what crime?

    <p>Unlawful Possession of a Firearm</p> Signup and view all the answers

    What is the charge for a criminal street gang member or a person with a Class A Misdemeanor derived from an assault offense against the family, unlawfully possessing a firearm?

    <p>Class A Misdemeanor</p> Signup and view all the answers

    After having been convicted of a felony, a person possesses a metal or body armor. Is what crime?

    <p>Unlawful Possession of Metal or Body Armor by a Felon</p> Signup and view all the answers

    What is the charge for the crime of, “Unlawful Possession of Metal or Body Armor by a Felon”?

    <p>Felony of the Third Degree</p> Signup and view all the answers

    Which is a means by which a person can possess a prohibited weapon?

    <p>Item is Registered in the National Firearms Registration and the Transfer Record is maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.</p> Signup and view all the answers

    Which is not one of the listed Prohibited Weapons in Chapter 46?

    <p>Clubs</p> Signup and view all the answers

    A person intentionally or knowingly possesses a Zip Gun. Is what crime?

    <p>Possession of a Zip Gun</p> Signup and view all the answers

    What is the offense if a person intentionally or knowingly transports an explosive weapon?

    <p>Transportation of an Explosive Weapon</p> Signup and view all the answers

    What is the charge for the crime, “Possession of a Prohibited Weapon”?

    <p>Felony of the Third Degree</p> Signup and view all the answers

    What is the charge for a person found guilty of the crime, “Possession of a Tire Deflation Device”?

    <p>State Jail Felony</p> Signup and view all the answers

    It is an affirmative defense for the crime, “Unlawful Possession of Armor- Piercing Ammunition” if the actor’s conduct was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to authorized organizations, agencies, or institutions.

    <p>True</p> Signup and view all the answers

    It is not a defense to prosecution for the crime, “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 an authorized training program.

    <p>False</p> Signup and view all the answers

    Study Notes

    • Unlawful carrying of a handgun while intoxicated in public is a crime, classified as a Class A Misdemeanor.
    • Unlawful carrying of a location-restricted knife is a Class C Misdemeanor offense.
    • A felon found in possession of a handgun is charged with a Felony of the Second Degree, carrying a minimum 5-year imprisonment term.
    • Possession of a handgun by a person convicted of a Family Offense and prohibited from firearm possession is a Felony of the Third Degree.
    • Possessing prohibited weapons in specified locations like schools, polling places, racetracks, or airports is a crime categorized as Places Weapons are Prohibited.
    • It is a defense to prosecution for Places Weapons are Prohibited if the individual possessed the weapon in the discharge of official duties or as a security officer.
    • Unlawful carrying of a handgun by a license holder is an offense, except if the handgun was carried in a holster or in a motor vehicle by the licensed holder.
    • Unlawful possession of a firearm by a person living with a felon, criminal street gang member, or someone with a Class A Misdemeanor derived from a family assault offense is a crime.
    • Possessing metal or body armor after being convicted of a felony is considered Unlawful Possession of Metal or Body Armor by a Felon, classified as a Felony of the Third Degree.
    • Prohibited weapons include items like explosive weapons, machine guns, short-barrel firearms, armor-piercing ammunition, and chemical dispensing devices.

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