• Skip to primary navigation
  • Skip to main content
  • Skip to footer
LeGrande Law

LeGrande Law

Locked Up? Call LeGrande Law!

  • Houston Criminal Lawyer – About
  • Blog
  • Practice Areas
    • Drug Crimes
      • Marijuana / THC Possession
      • Controlled Substances
    • Weapon Crimes
      • Unlawful Carrying of a Weapon
      • Theft of Firearm
      • Possession of Firearm by Felon
    • Driving While Intoxicated (DWI)
    • Assault Crimes
      • Aggravated Assault
      • Family Violence
    • Evading Arrest
    • Racing on a highway
    • Parole & Probation Violations
    • Burglary
      • Burglary of Habitation
      • Burglary of Building
      • Burglary of Vehicles
    • Theft Crimes
      • Theft of Firearm
    • White Collar Crimes
      • Fraud
      • Money Laundering
      • Fraudulent Use of Identifying Information
      • Texas Money Services Act
      • Embezzlement
      • Forgery
    • Juvenile Law
    • Expunction & Nondisclosure
    • Asset Forfeiture
  • Defenses
    • Illegal Search and Seizure
    • Affirmative Links
    • Self Defense
    • Defense of Property
  • Legal Guides
  • Contact Us

Locked Up?
Call LeGrande Law!

(281) 684-3500
Practice Areas Weapon Crimes Possession of Firearm by Felon

Possession of Firearm by Felon

Possession of a Firearm by a convicted felon is a serious offense in Texas. It is a crime for anyone with a felony conviction to possess a firearm outside of their home. Not only that, it is a felony. Conviction means time in prison.

guns

How the police find the weapon may be crucial in your defense. If the firearm is the fruit of an ulawful search, it may not legally be used against you. 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.


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.

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.


Charged with… Unlawful Carry of a Weapon? Felon in Possession of a Weapon? Possession of a Stolen Firearm?

Charged with a crime?
Call for a FREE consultation!

CLIENT REVIEWS OF LEGRANDE LAW
Contact Today
281-684-3500

Top 40 under 40 in Criminal Defense | AVVO 10.0 | Martindale-Nolo | Lawyers.com | Justia


Practice Areas Weapon Crimes Possession of Firearm by Felon

Call top rated Houston criminal defense lawyer Tristan LeGrande directly if you need legal consultation or advice.

(281) 684-3500

or

Contact Us

CONTACT LEGRANDE LAW


0 / 180

Footer

Contact

Address

712 Main Street, Suite 1840
Houston, TX 77002 USA

Telephone

281-684-3500

Fax

713-575-9694

Español

281-236-2326

Navigation

  • Houston Criminal Lawyer – About
  • Blog
  • Defenses
  • Practice Areas
  • Legal Guides | Q & A
  • Contact Us
  • Facebook
  • Instagram
  • YouTube

Other Links

  • Asset Forfeiture
  • Driving While Intoxicated (DWI)
  • Drug Crimes
  • Evading Arrest
  • Burglary
  • Theft Crimes
  • Weapon Crimes
  • White Collar Crimes

© 2025 LeGrande Law, All Rights Reserved.

Powered by [D]

Off Canvas: Main Mobile Nav

Navigation

  • Home
  • Houston Criminal Lawyer – About
  • Practice Areas
    • Assault Crimes
      • Aggravated Assault
    • Asset Forfeiture
    • Driving While Intoxicated (DWI)
    • Drug Crimes
      • Controlled Substances
      • Marijuana / THC Possession
    • Evading Arrest
    • Expunction & Nondisclosure
    • Family Violence
    • Juvenile Law
    • Parole & Probation Violations
    • Racing on a highway
    • Burglary
      • Burglary of Habitation
      • Burglary of Building
      • Burglary of Vehicles
    • Theft Crimes
      • Theft of Firearm
    • Weapon Crimes
      • Unlawful Carrying of a Weapon
      • Possession of Firearm by Felon
      • Theft of Firearm
    • White Collar Crimes
      • Embezzlement
      • Forgery
      • Fraud
      • Fraudulent Use of Identifying Information
      • Money Laundering
      • Texas Money Services Act
  • Defenses
    • Affirmative Links
    • Defense of Property
    • Illegal Search and Seizure
    • Self Defense
  • Legal Guides
  • Blog
  • Contact Us