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Legal Definition of a Weapon A firearm, whether loaded or unloaded; or. A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used, or intended to be used, is capable of producing death or serious bodily injury.
Under Texas Penal Code § 46.14(d), the Texas Legislature expressed its intention that if conduct that constitutes an offense of firearm smuggling also constitutes an offense under any other law, the defendant may be prosecuted for smuggling the firearm under this section or the other law or both laws.
California law makes it a crime to carry either a loaded or unloaded firearm. Penal Code 25850 PC makes carrying a loaded firearm in a vehicle or public place is a crime. Similarly, Penal Code 26350 PC makes carrying both loaded and unloaded handguns in public is a crime.
16520. (a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. (b) As used in the following provisions, “firearm” includes the frame or receiver of the weapon: (1) Section 16550.
(a) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.