are sawed off shotguns illegal in texasespn conference usa football teams 2023

In modern usage, minimum length and barrel length restrictions only apply to civilian use; military and police departments may issue short-barreled shotguns, and major manufacturers offer special models with barrels in the range of 10 to 14 inches (25 to 36cm) as riot shotguns or combat shotguns for use in areas with restricted space. Advertisement In Texas, you must be 21 to buy a handgun from. 1049 (H.B. Acts 2005, 79th Leg., Ch. (2) at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited. 1, eff. 900, Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 30, No. 900, Sec. 599, 88th Legislature, Regular Session, for amendments affecting the following section. 137-149. doi: 10.1520/JFS10974J, Bureau of Alcohol, Tobacco, Firearms and Explosives, Class 2 Special Occupational Taxpayer Federal Firearms License, "The Bureau of Alcohol, Tobacco, Firearms and Explosives' National Firearms Registration and Transfer Record", DA GRIZZLY 12GA 8.5" SHOTGUN W/BEAD SIGHT, "Pellet Patterns Fired by Sawed-Off Shotguns", "The .72 magnum: the ultimate crew-served handgun", https://en.wikipedia.org/w/index.php?title=Sawed-off_shotgun&oldid=1160513705, This page was last edited on 17 June 2023, at 00:00. To abide by NFA regulations, anyone may complete a Form1 "making" form, and purchase and have approved the US$200 tax stamp for the shotgun in question, in order to legally reduce its barrel length to less than 18 inches by cutting the barrel or replacing it with a shorter one.[2][3]. 46.08. Acts 2017, 85th Leg., R.S., Ch. [4] Sept. 1, 1989; Acts 1991, 72nd Leg., ch. The barrel of a shotgun without a tube magazine can be cut to any length; pump-action or semi-automatic shotguns usually have a tube magazine attached to the underside of the barrel which limits the practical minimum barrel length to about the length of the magazine tube, unless it also is modified, technically much more challenging than shortening the barrel. 2.60, eff. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 10, eff. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or. 749, Sec. 25), Sec. (a) Sections 46.02 and 46.03 do not apply to: (1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon; (2) parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and. [12] Short-barreled muzzleloading blackpowder shotguns are not illegal under federal law, and require no tax-stamped permit, although they may be illegal under state law. 1069), Sec. (a) A sawed-off rifle or sawed-off shotgun; or (b) A full automatic weapon. 1889), Sec. Acts 2007, 80th Leg., R.S., Ch. (e) Section 46.02(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony. 1026 (H.B. Sept. 1, 2003. Aug. 29, 1983; Acts 1989, 71st Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. 438 (S.B. 15.002, eff. (18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. [14] A standard-length barrel (e.g. 325 (H.B. 1, eff. Added by Acts 1995, 74th Leg., ch. 1, eff. Sec. 324 (S.B. 2, eff. June 15, 2007. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. Acts 2011, 82nd Leg., R.S., Ch. 435), Sec. 165, Sec. (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. 2, eff. 2, eff. (d) An offense under Subsection (a-4) is a Class C misdemeanor. The driver, 30-year-old Jesus Alfonso Salazar-Rivera, was taken into custody for possession of a prohibited Weapon -- sawed off shotgun -- and manufacture and delivery of a controlled. 1049 (H.B. 5, eff. September 1, 2019. 13, eff. 1920), Sec. 2, eff. May 18, 2013. June 19, 2009. 1927), Sec. It was allowed to re-equip shotguns with pistol grip and detachable buttstock. 42, eff. 1, eff. Acts 2005, 79th Leg., Ch. 1, eff. They are often the weapon of choice for criminals. (a-4) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife; (2) is younger than 18 years of age at the time of the offense; and. Acts 1973, 63rd Leg., p. 883, ch. Is it illegal to own a sawed off shot . 15.005, eff. January 1, 2016. September 1, 2017. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and. 216 (H.B. These rounds are usually made of sintered powdered metal, but a normal buckshot or bird shot round will also work. 693, Sec. longer barrel faster in old days longer barrel let the powder burn complete causing more gas. (q) Section 46.03(a)(8) does not apply if the actor: (1) carries a handgun on a premises where a collegiate sporting event is taking place; (3) was not given effective notice under Section 30.06 or 30.07 of this code, as applicable. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. 728 (H.B. Renumbered from Penal Code Sec. 910), Sec. 229, Sec. The term does not include a temporary protective order issued before the court holds a hearing on the matter. September 1, 2021. September 1, 2015. Shortening the barrel of a shotgun or rifle results in a presumptive five-year minimum sentence of imprisonment upon conviction for a first offence, and a mandatory five-year sentence for second or subsequent offences. Sept. 1, 1997; Acts 1999, 76th Leg., ch. This entry was posted on April 28,2018. January 1, 2016. 8, eff. Acts 2007, 80th Leg., R.S., Ch. 809 (H.B. (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and, (7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or. 23, eff. 1049 (H.B. 1, eff. 16.005, eff. 21, eff. 2018), Sec. Sec. (a-2) Notwithstanding Section 46.02(a-5), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (1) on the premises of an institution of higher education or private or independent institution of higher education; or. Some models use a special cup-like muzzle extension to further minimize the risk of debris injuring the shooter. 69 (S.B. (2) possesses or conceals a deadly weapon in the penal institution. If the barrel length is less than 30cm or the overall length is less than 60cm, the firearm is considered a handgun, and treated accordingly under the law. (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. 931, Sec. 1813), Sec. Acts 2021, 87th Leg., R.S., Ch. 1221, Sec. In countries where handguns are more costly or difficult to obtain, criminals can convert legally purchased or stolen shotguns into concealable weapons. 2.60, eff. 957), Sec. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). Use an oxy/acetylene torch (not band sawed) Must remove at least inch of metal per cut Must be made at angles and completely sever the receiver in at least 3 critical locations (specified by model) Acceptable method of destruction is to completely melt (smelt), shred or crush the firearm receiver. STOLEN FIREARM, AMMUNITION OR EXPLOSIVE: 18 USC 842(h); 922(i), (j) & (u). (c) It is an affirmative defense to prosecution under this section that the child's access to the firearm: (1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes; (2) consisted of lawful defense by the child of people or property; (3) was gained by entering property in violation of this code; or. 342, Sec. 324 (S.B. 2300), Sec. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 3, eff. 24, eff. ); whether more than one offense was committed; and whether gun was simplypossessed or was brandished or discharged. Acts 2021, 87th Leg., R.S., Ch. 2, eff. 900, Sec. January 1, 2016. 16.004, eff. Sept. 1, 1991. However, if the overall length is 26 inches or more and barrel less than 18 inches, this weapon would still be classified as a firearm under the Act. The Black Aces Tactical. 399, Sec. September 1, 2005. Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 3, eff. September 1, 2021. 1, eff. September 1, 2007. September 1, 2005. (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; (7) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (8) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event; (9) on the premises of a correctional facility; (10) on the premises of a civil commitment facility; (11) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate; (12) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration; (14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter. Like the Shockwave, the Tactical barely exceeds the ATF's minimum length for short barreled shotguns, measuring 27 inches long. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. Military vehicle crews use short-barreled combat shotguns as ancillary weapons. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 446), Sec. Acts 2021, 87th Leg., R.S., Ch. 1, eff. September 1, 2021. Many gun makers in the U.S.A. have not offered sawn-off shotguns to the public since 1934, when shotguns with barrel lengths of under 18 inches were restricted, although they had previously been sold. September 1, 2019. Inter-state transfers must be facilitated through a Federal Firearms Licensee (FFL) while intrastate transfers may be between two persons. 4, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2017. September 1, 2019. 25, eff. The length of the barrel directly effects the firing power of the weapon and the speed at which the ammunition is propelled out of the weapon. 229, Sec. 1, eff. 299 (H.B. 10.03, 31.01(70), eff. 2, eff. 1049 (H.B. Acts 2017, 85th Leg., R.S., Ch. Possessing an unregistered silencer, short barreled rifle, short barreled shotgun, destructive device or a sawed-off shotgun is punishable by a fine of up to $10,000 and/or 10 years in prison. Sept. 1, 1991; Renumbered from Penal Code Sec. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. Acts 2017, 85th Leg., R.S., Ch. [15] In rural areas of North India, where it is seen as a weapon of authority and prestige, it is known as a dunali, literally meaning "two pipes". September 1, 2019. 15.003, eff. Acts 2017, 85th Leg., R.S., Ch. (f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 14.833, eff. The charges were based on the defendant's possession of two shotguns, each of which had been sawed off to about a 14-inch barrel length. Acts 2009, 81st Leg., R.S., Ch. 4170), Sec. (B) prohibited by law from possessing a firearm. 11), Sec. Pending publication of the current statutes, see H.B. 554), Sec. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 437 (H.B. 3.20, eff. 1, eff. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; (6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor; or. [citation needed] The United States, Britain and Canada criminalized their possession in the 1930s. Acts 2013, 83rd Leg., R.S., Ch. 457, Sec. Restrictions only apply to pump-action shotguns, which require a minimum barrel length of 45cm and a minimum overall length of 90cm to be legal. 320, Sec. 49, eff. Acts 2005, 79th Leg., Ch. 790, Sec. 1935), Sec. 693 (H.B. 1, eff. [4] Canada [ edit] Short-barreled, manually operated shotguns (non-semi-automatics) are non-restricted as long as the barrel remains unmodified from the original factory length. These types of shotguns are often used by criminals because they are easy to conceal and pose serious danger to nearby individuals. September 1, 2017. 1214 (H.B. 1, eff. 1193, Sec. September 1, 2021. Sept. 1, 2003. 1, eff. 11), Sec. 87 (S.B. September 1, 2021. 155 (H.B. 508, Sec. Sec. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 2, eff. September 1, 2021. August 1, 2016. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. The principal reason criminals cut off some of the barrel from a shotgun is to make it easier to conceal under a coat or in a bag. 433, Sec. September 1, 2007. SUMMARY OF STATE GUN LAWS . (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. Acts 2009, 81st Leg., R.S., Ch. (3) Any person who violates the provisions of subsection (2) (a) of this section is guilty of a misdemeanor. Acts 2011, 82nd Leg., 1st C.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 1.01, eff. 1815), Sec. September 1, 2017. Sawed-off shotguns were seen as used by gangsters. Sept. 1, 1994. 2018), Sec. 1080 (H.B. (h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club 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, if: (1) the actor is wearing a distinctive uniform; and. 5, eff. (B) 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. 1815), Sec. September 1, 2021. 168, Sec. September 1, 2021. 2291, H.B. Acts 2013, 83rd Leg., R.S., Ch. This makes them easier to transport and conceal due to their smaller profile and lighter weight. 809 (H.B. September 1, 2007. 11), Sec. 467 (H.B. Added by Acts 1983, 68th Leg., p. 4831, ch. INTERSTATE PURCHASE. 2013-R-0001 (Revised) SUMMARY OF STATE GUN LAWS . (i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club: (1) while in a vehicle being driven on a public road; or. September 1, 2009. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or, (A) an official school function is taking place; or. September 1, 2013. Acts 2009, 81st Leg., R.S., Ch. 1416), Sec. 399, Sec. 1420, Sec. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). 1819), Sec. Repeating-fire shotguns with box magazines do not lose shell capacity when sawn off, but they are far less common than those with tubular magazines. 15, eff. September 1, 2017. 2, eff. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. (b) An offense under this section is a Class A misdemeanor. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Acquisition of these weapons is subject to prior . 1026 (H.B. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 900, Sec. Amended by Acts 1999, 76th Leg., ch. September 1, 2021. September 1, 2005. 71, eff. Sec. 957), Sec. 3, eff. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. 1, eff. 46.06 and amended by Acts 1993, 73rd Leg., ch. (2) an offense under Subsection (a)(7) is a state jail felony. Acts 2005, 79th Leg., Ch. (c) An offense under this section is a felony of the third degree. 11.24, eff. 26(10), eff. A sawn-off shotgun is often an unofficial modification of a standard shotgun. 4, eff. MGL c.269, 10 Carrying dangerous weapons; possession of machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; punishment, certain knives and blades. 852, Sec. Often mistakenly called a "sawed off shotgun." In this instance overall length is determining factor. Sept. 1, 1987. Acts 2021, 87th Leg., R.S., Ch. 518 (S.B. Acts 1973, 63rd Leg., p. 883, ch. TITLE 10. 920 (S.B. 1927), Sec. BY Paul Yen, Esq., Published August 12, 2021 2 Comments Trending: Best Ammo Online, Best AR-15, & Best 9mm Pistols Shotguns are the classic home defense weapon. (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter. 1261, Sec. (a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions. September 1, 2017. September 1, 2021. Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 15.02(f), eff. Acts 2017, 85th Leg., R.S., Ch. 28, eff. 1488), Sec. DEADLY WEAPON IN PENAL INSTITUTION. Renumbered from Penal Code Sec. (e) An offense under Subsection (a) is a felony of the third degree. 1001 (H.B. Where sold: Brownell's carries the weapon, as do online retailers Bud's Guns and Palmetto State Armory. 325, Sec. The defendant was charged with, and convicted of, two counts of possession of a weapon of mass destruction in violation of G.S. (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. 1146 (H.B. 535), Sec. 46.09 by Acts 1993, 73rd Leg., ch. 1927), Sec. See what guns are legal in all 50 states in this ultimate guide. [1] 1143 (H.B. June 20, 1997; Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 405), Sec. 3, eff. 216 (H.B. Many jurisdictions have a minimum legal length for shotgun barrels[2] to make these more concealable shotguns unavailable for criminal purposes. Acts 2007, 80th Leg., R.S., Ch. 46.11. 1935), Sec. Sept. 1, 1983; Acts 1987, 70th Leg., ch. September 1, 2019. Possession or use of a "sawed-off" shotgun or "sawed-off" rifle for any other purpose, except as permitted by this article and official use by those persons permitted possession by 18.2-303, is a Class 4 felony. 2300), Sec. 679 (H.B. 1199 (H.B. September 1, 2005. Compared to a standard shotgun, the sawn-off shotgun has a shorter effective range, due to a lower muzzle velocity; however, its reduced length makes it easier to maneuver and conceal. 1179 (S.B. Acts 2005, 79th Leg., Ch. June 20, 1997; Acts 1997, 75th Leg., ch. 1407), Sec. Acts 2019, 86th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1935), Sec. Acts 2017, 85th Leg., R.S., Ch. Honestly, a regular shotgun will be fine for . Acts 2013, 83rd Leg., R.S., Ch. 452, Sec. 26(8), eff. Chief among the weapons and accessories it regulated were sawed-off shotguns (defined as those having a barrel shorter than 18 inches), machine guns, and silencers. June 15, 2007. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. 260, Sec. In Germany, the possession of a sawn-off shotgun is legal with a firearms license (Waffenbesitzkarte), just like any other firearm. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1889), Sec. 921 (H.B. (n) The defense provided by Subsection (m) does not apply if: (1) a sign described by Subsection (o) was posted prominently at each entrance to the premises or other property, as applicable; or. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. (a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. (ii) with the consent of the owner or operator of the vehicle or watercraft. Anything shorter without. 1927), Sec. 852, Sec. January 1, 2016. 1143 (H.B. 4, eff. Get caught with one at the wrong place and time, and you're looking at serious time in. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and.

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