Unlawful possession of a firearm by a convicted felon is a serious offense in Texas. This crime is addressed in the Texas Penal Code, which makes it a crime for anyone with a felony conviction to possess a firearm. If you have a felony conviction, and are found guilty of possession of a handgun, rifle, or other firearm you could be facing time in a Texas prison.
How the police find the weapon may be crucial in your defense. Also, if the firearm is found after an unlawful stop, or discovered as the result of an unlawful search, it may be able to be suppressed. Houston gun crimes attorney Tristan LeGrande has experience handling a variety of weapons charges.
Felons Illegally Possessing Firearms in Texas
Unlawful possession of a firearm by a convicted felon is a 3rd degree felony. The range of punishment for a 3rd degree felony is 2 to 10 years in the institutional division of the Texas Department of Criminal Justice, and a fine not to exceed $10,000.
Make sure you have a good understanding of what the law is surrounding felons and firearms before choosing to possess a firearm anywhere. You can find the relevant portion of the Texas penal code for unlawful possession of a firearm by a convicted felon contained below.
Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.
(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
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person’s family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person’s release from confinement following conviction of the misdemeanor; or
(2) the date of the person’s release from community supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
(d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.
(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:
(1) is designated by a law of this state as a felony;
(2) contains all the elements of an offense designated by a law of this state as a felony; or
(3) is punishable by confinement for one year or more in a penitentiary.
(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.
Can a convicted felon legally possess a firearm in Texas?
There is one exception to the prohibition against felons possession firearms. Five (5) years after your release from prison or parole, you may legally possess a firearm where you live. Nowhere else. You still cannot legally take the firearm anywhere outside the home, including to a shooting range, or for hunting purposes. Convicted felons cannot legally purchase or acquire a firearm. It also remains illegal under Federal law.
Charged with…
Unlawful Carry of a Weapon?
Felon in Possession of a Weapon?
Possession of a Stolen Firearm?
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281-684-3500
Experienced Houston Criminal Defense Attorney For Weapon Crimes
Facing an approaching court appearance with the possibility of jail time and fines, on your own, isn’t a good predicament to be in.
Having an aggressive, smart lawyer on your side, who is ready to go to trial on your behalf, if need be, can make all the difference necessary to have you leaving the Harris County courthouse with a smile on your face, instead of handcuffs on your wrists.
Call Houston criminal defense attorney Tristan LeGrande to schedule a consultation at 281-684-3500, or click here to get in touch.