Possession of a Firearm by a Convicted Felon

Under Texas Penal Code § 46.04(a), a person who has been convicted of a felony commits unlawful possession of a firearm offense if they possess a firearm 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 after the same period at any location other than the premises at which the person lives. This crime is a third-degree felony.

Texas Penal Code § 46.04(b) establishes that a person who has been convicted of Class A misdemeanor assault involving a member of the person’s family or household commits an offense if they possess a firearm before the fifth anniversary of the later of the date of their release from confinement following conviction of the misdemeanor or the date of the person’s release from community supervision following conviction of the misdemeanor. This crime is a Class A misdemeanor.

Under Texas Penal Code § 46.04(f), an offense under the laws of this state, another state, or the United States is a felony if, at the time it is committed, the offense:

• is designated by a law of this state as a felony;
• contains all the elements of an offense designated by a law of this state as a felony; or
• is punishable by confinement for one year or more in a penitentiary.

An offense will not be considered a felony if, at the time the person possesses a firearm, the offense was not designated by a law of this state as a felony and does not contain all the elements of any offense designated by a law of this state as a felony.

Possession of a Firearm by a Convicted Felon Penalties in Dallas

Unlawful possession of firearm crimes are punishable as follows:

• Class A Misdemeanor — Up to one year in jail and/or a fine of up to $4,000
• Third-Degree Felony — Up to 10 years in prison and/or a fine of up to $10,000

Texas Penal Code § 12.42 imposes aggravated consequences for individuals deemed habitual felony offenders. Under this statute, if the alleged offender has been previously convicted of a felony other than a state jail felony, he or she can be punished for a second-degree felony, which can be a sentence of up to 20 years in prison and/or a fine of up to $10,000 if convicted for unlawful possession of a firearm.

Possession of a Firearm by a Convicted Felon Defenses in Texas

Some alleged offenders charged with unlawful firearm possession crimes may not have actually been in possession of the alleged weapons. In other cases, alleged offenders may have valid self-defense or defense of others’ claims. 

It is also possible that evidence could be inadmissible if law enforcement obtained it through an illegal search and seizure. Some people are charged with this crime despite having their firearm rights restored by the Texas Board of Pardons and Paroles.

Dallas County Possession of a Firearm by a Convicted Felon Resources

Felons & Firearms | Gun Laws | Guides at Texas State Law Library — Get access to state and federal firearm rights laws on this website. You can also find a section of articles explained in plain English. There are also links for parties to contact about firearm rights.

Can a felon legally have a gun in Texas? — View this November 14, 2017, KHOU-TV story discussing firearm rights. KHOU was able to verify that a person with a felony conviction could possess a firearm on the premises where they live, five years after the disposition of their conviction. However, federal law does not allow for a convicted felon to possess a firearm under any circumstances, unless he has been pardoned.

Find A Dallas County Defense Attorney for Possession of a Firearm by a Convicted Felon Attorney | Law Offices of Richard C. McConathy

If you or a loved one were arrested for possession of a firearm by a convicted felon in Dallas or a surrounding area of Texas, it will be critical for you to find legal counsel right away.

Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed. An experienced Dallas criminal defense attorney can guide you through the legal process and fight to protect your rights.