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Felon in Possession of a Firearm in Texas

Texas residents are notorious for owning firearms and many of them take pride in their weapons.

Under Texas law, for someone to obtain a Texas License to Carry a Handgun (LTC), they must be at least 21 years of age (unless they are currently in the military), and they must meet the federal qualifications for them to buy a handgun.

Not everyone over the age of 21 can possess a firearm in Texas. The following factors can prevent someone from obtaining a license, such as:

  • A felony conviction
  • DWI convictions (Class B misdemeanors)
  • Certain misdemeanor convictions (e.g. family violence)
  • Convictions for Class A and Class B misdemeanors (ineligible for 5 years after conviction)
  • Charges that resulted in probation or deferred adjudication
  • People with substance abuse problems
  • Individuals diagnosed with certain psychological disorders

Unlawful Possession of a Firearm

Under Section 46.04 of the Texas Penal Code, Unlawful Possession of a Firearm, a person commits this offense if he or she possess a firearm:

  • After being convicted of a felony, and before the fifth anniversary of the defendant’s release from confinement, mandatory supervision, or supervision under community supervision.
  • After the period described above, at any location that is not the person’s residence.
  • After committing an offense under Sec. 22.01 (a Class A misdemeanor) against a family or household member, and they possess a firearm before the fifth anniversary of their release from confinement, or community supervision.

Unlawful possession of a firearm is a third degree felony, but if it involved a defendant who was committed an offense against a family member (Class A misdemeanor), it is a Class A misdemeanor.

If someone was convicted of a felony and he or she possessed a firearm before they were legally allowed to do so, it would be a third degree felony, punishable by 2 to 10 years in prison, and a possible fine up to $10,000.

Are you being accused of unlawful possession of a firearm in Plano? If so, reach out to The Zendeh Del Law Firm, PLLC for an aggressive defense!