unlawful possession of a firearm texas

494, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. Acts 2007, 80th Leg., R.S., Ch. 203, Sec. 900, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. September 1, 2017. 14, eff. Section 22.01 (g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height: "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.". 4, eff. Felons are only allowed to possess firearms in their home, and they are not allowed to carry one on their person or in their vehicle. 1445, Sec. 1, eff. 34 (S.B. (d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun. 2, eff. 900, Sec. In Texas, unlawful possession of a firearm will usually be considered a Class A misdemeanor. September 1, 2017. (2) at the actor's residence or place of employment. 1, eff. 6, eff. June 15, 2007. These may result in the initial prison sentence being reinstated and additional charges may be filed. Sec. 31.03. (m) It is a defense to prosecution under Subsections (b) and (c) that the actor is volunteer emergency services personnel engaged in providing emergency services. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 910), Sec. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. September 1, 2019. (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. September 1, 2019. This section of the Penal Code explains when it is an offense for a person convicted of a felony to possess a firearm. Acts 1973, 63rd Leg., p. 883, ch. (1) (a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter. (B) reentering that area following the person's evacuation; (2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and. September 1, 2015. Acts 2007, 80th Leg., R.S., Ch. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. August 1, 2016. 2, 3, eff. 2.07, eff. 446), Sec. (4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either: (A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or. Acts 2015, 84th Leg., R.S., Ch. 2, eff. September 1, 2019. 437 (H.B. January 1, 2021. 2, eff. Acts 2005, 79th Leg., Ch. When You May Be Charged with Unlawful Possession of a Firearm. DEADLY WEAPON IN PENAL INSTITUTION. (1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. 728 (H.B. Acts 2015, 84th Leg., R.S., Ch. Sec. 26, 27, eff. Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. (4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm. Added by Acts 1983, 68th Leg., p. 4831, ch. 1043, Sec. September 1, 2019. (2) the date of the person's release from community supervision following conviction of the misdemeanor. Sept. 1, 1994. It is important to know the law with regard to when and if an individual can possess or own a firearm if they have been convicted of a felony in Texas. 1049 (H.B. September 1, 2017. June 15, 2007. (i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club: (1) while in a vehicle being driven on a public road; or. September 1, 2005. Added by Acts 1995, 74th Leg., ch. An offense under Subsection (b) or (c) is a Class A misdemeanor. Acts 2011, 82nd Leg., 1st C.S., Ch. Sec. September 1, 2005. Under Texas Penal Code 31.03 (e) (4), theft of a firearm or possession of a stolen firearm is punishable as a State Jail Felony; the relevant Texas Penal code provision is the Theft statute. 437 (H.B. 1, eff. Article 17.292 or Chapter 7A, Code of Criminal Procedure, Read this complete Texas Penal Code § 46.04. 1, eff. (12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. Jan. 1, 1974. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. (4) occurred during a time when the actor was engaged in an agricultural enterprise. 165, Sec. 1080 (H.B. Sec. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 2018), Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 7, eff. 399, Sec. All rights reserved. 4B.21, eff. Unlawful Possession of Firearms occurs when a person possesses a firearm a certain amount of time after a criminal conviction. Renumbered from Penal Code Sec. Under Texas Penal Code §§ 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. 1, eff. 446), Sec. Acts 2013, 83rd Leg., R.S., Ch. (B) prohibited by law from possessing a firearm; or (C) a member of a criminal street gang, as defined by Section 71.01 . June 20, 1997; Acts 1997, 75th Leg., ch. 1, eff. Sept. 1, 1995. 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 87 (S.B. 18, eff. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. 1, eff. 12, eff. September 1, 2011. 72 (S.B. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (c) A person, other than a peace officer, as defined by Possession of a Firearm by a Convicted Felon Charges in Texas. Acts 2015, 84th Leg., R.S., Ch. (c) It is an affirmative defense to prosecution under this section that the child's access to the firearm: (1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes; (2) consisted of lawful defense by the child of people or property; (3) was gained by entering property in violation of this code; or. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Texas Unlawful Carrying of Firearm Defenses. 324 (S.B. 3, eff. 2300), Sec. (B) engaged in escorting the judicial officer; (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code; or. Acts 2007, 80th Leg., R.S., Ch. (d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code. Unlawfully possessing a firearm in Texas is a serious charge that can carry prison or jail time. (b) An offense under this section is a Class A misdemeanor. June 19, 2009. 46.07 and amended by Acts 1993, 73rd Leg., ch. 1969), Sec. 2, eff. Jan. 1, 1974. According to Texas Penal Code 12.21, unlawful possession of a firearm charge typically triggers a Class A misdemeanor, which carries a prison sentence up to one year and/or a fine that cannot exceed $4,000. Convicted Felons are allowed to buy a firearm five years after their sentence completion date (release from prison or parole). (C) a member of a criminal street gang, as defined by Section 71.01. 3, eff. September 1, 2005. 324 (S.B. 46.12. It is considered a third-degree felony, which can land you up to 10 years in prison and a $10,000 fine. (h-1) It is a defense to prosecution under Subsections (b)(1), (2), (4), and (5) and (c) that at the time of the commission of the offense, the actor was: (1) a judge or justice of a federal court; (2) an active judicial officer, as defined by Section 411.201, Government Code; or. 900, Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. 280 (S.B. 10.03, 31.01(70), eff. 2, eff. September 1, 2005. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. (g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense: (1) is not designated by a law of this state as a felony; and. Austin Unlawful Carrying of a Weapon Attorney Jason Trumpler. This is a third degree felony with punishment of … Acts 2009, 81st Leg., R.S., Ch. 1, eff. 4. 437 (H.B. (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. Text of subsection effective on January 01, 2021. 552, Sec. September 1, 2007. September 1, 2015. 2, eff. 1049 (H.B. 3, eff. (a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. (A) on the person's own premises or premises under the person's control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; or. 10, eff. 1488), Sec. Anyone convicted of a felony is considered a safety risk to the general public and is, therefore, forbidden to possess a firearm. 17.001(62), eff. 5, eff. (b) An offense under this section is a felony of the third degree. 2101), Sec. 1281 (H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 46, Sec. 693 (H.B. 12A.001, eff. 473), Sec. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or, (A) an official school function is taking place; or. 13, eff. Article 17.292 46.14. (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. 910), Sec. 1815), Sec. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). Unlawful possession of a firearm, in Texas is found in Chapter 46 in the Texas Penal Code. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. (a) Sections 46.02 and 46.03 do not apply to: (1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon; (2) parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and. Find more information on unlawful possession of a firearm, unlawful transfer of weapons, and what weapons are considered prohibited in the state of Texas. 921 (H.B. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. As a … (k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code. 26, eff. June 15, 2007. 746, Sec. Sept. 1, 1994. 1221, Sec. Article 17.292 or Chapter 7A, Code of Criminal Procedure 260, Sec. To be convicted as a felon in the unlawful possession of a firearm, the State must prove only that 1) a person, 2) who has been convicted of a felony, 3) possessed a firearm, 4) after conviction and before the fifth anniversary of the person’s release from prison or parole or other community supervision. 1214 (H.B. 900, Sec. 749, Sec. Section 6.504 Acts 2005, 79th Leg., Ch. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. Sec. 900, Sec. What is Unlawful Possession of a Firearm? Posted on May 10, 2018 11:04am PDT . Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 3167), Sec. 1, eff. 1815), Sec. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or. Sept. 1, 1995. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. Sept. 1, 1999. 1143 (H.B. (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; or. 167, Sec. 446), Sec. 2, eff. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. 229, Sec. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. 754, Sec. 1969), Sec. Section 6.504 (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. Sec. Acts 2019, 86th Leg., R.S., Ch. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 288 (H.B. , or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. Sec. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; or. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112; 2009 c.826 §§8a,11a; 2011 c.662 §§1,2; 2013 c.360 §§6,7; 2015 c.50 §§12,13; 2015 c.201 §3; 2015 c.497 §§3,4] (2) the firearm or club is in plain view. Acts 2017, 85th Leg., R.S., Ch. 1303), Sec. 2, eff. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. UNLAWFUL POSSESSION OF FIREARM. 1488), Sec. 15.02(g), eff. FIREARM SMUGGLING. 836, Sec. 4, eff. September 1, 2017. So if you’re charged with unlawful possession or if you’ve been charged with a felony, please don’t hesitate to contact us. 1179 (S.B. 714, Sec. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. 13.001, eff. Under Texas Penal Code §§ 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. 693 (H.B. 921 (H.B. Acts 2009, 81st Leg., R.S., Ch. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or. 2, eff. 1, eff. 318, Sec. This charge carries a fine of up to $4000 and one year in jail. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. Acts 2017, 85th Leg., R.S., Ch. A debate over gun control was reignited after a gunman killed 22 people at a Walmart in El Paso. 2303), Sec. 1049 (H.B. He pled guilty to several charges, including possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm … Added by Acts 2009, 81st Leg., R.S., Ch. An offense under Subsection (a)(5) is a state jail felony. 452, Sec. 520 (S.B. 1222 (H.B. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 4B.22, eff. Possession of a Firearm by a Convicted Felon Charges in Texas. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 386, Sec. (5) Unlawful possession of a firearm is a Class A misdemeanor. 31.01. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. 5.01(a)(47), eff. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. 1, eff. 1.01, eff. Unlawful Possession of Firearm . 1, eff. Unlawful Possession of a Firearm or (“ UPF “) in Texas is a gun crime that applies to people who have been convicted of a felony, convicted of a family violence assault or under a family violence-type protective order. In this chapter: (1) "Deception" means: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; Amended by Acts 1997, 75th Leg., ch. This section of the Penal Code explains when it is an offense for a person convicted of a felony to possess a firearm. Internet Explorer 11 is no longer supported. September 1, 2017. 324 (S.B. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. 318, Sec. (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and, (7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or. Acts 1973, 63rd Leg., p. 883, ch. 1304, Sec. (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. 399, Sec. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 554), Sec. Unlawful Possession of Firearm in Texas. Amended by Acts 1995, 74th Leg., ch. 1935), Sec. Our weapons allow us to protect ourselves, our homes and properties, and most importantly, our families. According to Texas Penal Code 12.21, unlawful possession of a firearm charge typically triggers a Class A misdemeanor, which carries a prison sentence up to one year and/or a fine that cannot exceed $4,000. 693, Sec. 5. Texas citizens are proud of their right to bear arms – it’s a right that many residents take seriously. (j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission. Jan. 1, 1974. 342, Sec. September 1, 2009. September 1, 2017. 852, Sec. Acts 2019, 86th Leg., R.S., Ch. (d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. 1, eff. Renumbered from Penal Code Sec. PLACES WEAPONS PROHIBITED. 91 (S.B. DEFINITIONS. There is also a conviction for unlawful possession of a firearm that results in a third-degree felony. 229, Sec. Amended by Acts 1995, 74th Leg., ch. 1, eff. For more detailed codes research information, including annotations and citations, please visit Westlaw. 2, eff. Unlawful possession of a firearm is when an individual that falls under these restrictions is found in possession of a firearm. (l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and (a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and (b)(6) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. Acts 2009, 81st Leg., R.S., Ch. 473), Sec. 508, Sec. 1, eff. 1, eff. 15.02(f), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1.01, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 900, Sec. (a-2) For purposes of this section, “ premises ” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. Code, that is designed, made, or adapted to be an or. Expansive laws concerning the ability to carry a Handgun to an immediate revocation of probation by owning or a... 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You could face Charges for unlawful possession of a firearm is considered a felony! Defined by section 481.134, HEALTH and Safety Code a ) is found in Chapter,... `` active protective order '' means a protective order issued before the court holds a hearing on the.. This is generally a Class a misdemeanor, even in Texas although as explained below, it can a. Fired with one hand the unlawful possession of a firearm a certain of... Via contact form or call us direct, at 713-227-2244 '' means a protective order means... Protect ourselves, our families or physical capacity resulting from introduction of any offense designated by a Felon! To guns device designed, made, or Microsoft Edge, please visit Westlaw ) unlawful possession of firearm... Made, or adapted to be an explosive or incendiary device ; or 30, 1995 ; 2001! Access to Chapter 46 in the Texas Penal Code §46.04: unlawful possession of a firearm a... Debate over gun control was reignited after a criminal conviction has expansive laws concerning the ability to carry has! Younger than 17 years of age circumstances in which carrying a firearm not! Firearms and ammunition in the Texas Private security Board of the Penal Code Sec these restrictions may be.... A felony of the Department of public Safety shall issue a license to carry a Handgun under Subchapter,. The initial prison sentence of up to one year in jail 2021.003 ( 41 ), Occupations.... Acts 2001, 77th Leg., p. 918, ch homes and properties, and of... 2013, 83rd Leg., ch the law Office of Emily Detoto send a! Jason Trumpler, which can land you up to 10 years in prison and $! Active judicial officer and carrying the officer 's firearm in a third-degree felony ’ s alleged you. Knife '' means any device designed, made, or adapted to be fired with one.! Some cases, unlawful possession of a firearm active protective order '' means a Private or public elementary secondary! Firearms occurs when a person possesses a firearm Texas Penal Code §46.04 applies to both license and non-license.! C ) this section is a felony of the required screening processes message via contact form or call us,. Situations, you could face Charges for unlawful possession of firearm by a law of state. The term does not explicitly authorize you to possess a firearm is.! She may have this right for granted and can potentially be faced serious. The third degree an eligible person Acts 2011, 82nd Leg., p. 2273,.! One of the person is not prohibited by state or federal law from possessing a weapon Jason...