Domestic Violence: Unlawful Possession of Firearm

Domestic Violence: Unlawful Possession of Firearm

Under Section 46.04 of the Texas Penal Code, Unlawful Possession of Firearm, certain individuals cannot possess a firearm until they meet certain requirements. For example, if a person is convicted of a felony offense, he or she cannot possess a firearm until:

  • It’s been at least five years since the person was released from confinement, or
  • It’s been at least five years since the felon was released from community supervision, mandatory supervision, or parole, whichever is later.

If a felon illegally possesses a firearm before they’re legally authorized to, they are guilty of a felony of the third degree, punishably by 2 to 10 years in prison and by a possible fine up to $10,000.

What About Domestic Violence Convictions?

Prohibited possessors, those people who are prohibited from possessing a firearm, also include individuals who have been convicted of domestic violence (also known as family violence) in Texas. To learn more about Family Violence in Texas, click here to read Title 4 of the Family Code.

Under Section 46.04(b) of the Texas Penal Code, it says that individuals who have been convicted of a Class A misdemeanor involving a family or household member are prohibited from possessing a firearm before the fifth anniversary of the following, whichever comes later:

  • The date the defendant was released from confinement after being convicted of a misdemeanor.
  • The date the defendant was released from community supervision after being convicted of a misdemeanor.

If someone is convicted of domestic violence and he or she unlawfully possesses a firearm before the five-year anniversary of being released from confinement or community supervision, they are guilty of a Class A misdemeanor, punishable by up to a $1,000 fine, or by up to one year in jail, or by a fine and imprisonment.

Facing domestic violence charges in Texas? Contact us today to meet with a Plano domestic violence lawyer.

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