You are further instructed, as a qualification on the law of self-defense, that the use of force by a defendant against another is not justified if the defendant sought an explanation from or discussion with the other person concerning the defendant’s differences with the other person while the defendant was possessing or transporting a weapon in violation of Penal Code Section 46.05.
A person violates Section 46.05 of the Penal Code if a person intentionally or knowingly possesses or transports:
1)An explosive weapon;
2)A machine gun;
3)A short-barrel firearm; or
4)Firearm silencer;
5)Knuckles;
6)Armor-piercing ammunition;
7)A chemical dispensing device;
8)A zip gun; or
9)A tire deflation device.
"Explosive weapon" means 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 or shooting an explosive weapon.
“Machine gun” means any firearm that is capable of shooting more than two shots automatically without manual reloading, by a single function of the trigger.
“Short-barrel firearm” means 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.
“Firearm silencer” means any device designed, made, or adapted to muffle the report of a firearm.
“Knuckles” means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.
“Armor-piercing ammunition” means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.
“Chemical dispensing device” means 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.
“Zip gun” means 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 substances.
“Tire deflation device” means 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. The term does not include a traffic control device that is designed to puncture one or more of a vehicle’s tires when driven over in a specific direction and has a clear visible sign posted in close proximity to it that prohibits entry or warns motor vehicle operators of it.
Now therefore, if you find and believe from the evidence beyond a reasonable doubt that the force, if any, used by the defendant against (COMPLAINANT) was at a time when the defendant was seeking an explanation from or a discussion with (COMPLAINANT)concerning his differences with (COMPLAINANT), but at that time the defendant was in possession of or transporting a weapon in violation of Penal Code Section 46.05, then you will find against the defendant on the issue of self-defense.