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!
