Unlawful firearm possession in Texas refers to a range of offenses under the Texas Penal Code, most notably under sections § 46.05 and § 46.02. The code is meant to regulate who can lawfully own or carry a firearm. However, the full scope of Texas gun possession laws can be much more complicated.
Understanding Unlawful Firearm Possession in Texas
Violations of the Texas gun possession laws can be misdemeanors or felonies, depending on factors such as criminal history, location, and characteristics of the weapon. For example, under § 46.04(a), anyone convicted of a felony commits a third-degree felony if they possess a handgun within five years of being released from incarceration or supervision.
Subsection (b) extends similar restrictions to those convicted of family violence misdemeanors. Subsection (c) prohibits firearm possession by state agency employees under certain protective or restraining orders and is treated like a Class A misdemeanor.
Fines and Penalties Under Texas Gun Possession Laws
Even absent prior convictions, § 46.02 makes it an offense to intentionally, knowingly, or recklessly carry a handgun in public. Following the 2021 “constitutional carry” reforms, license status has changed. Carrying without a license or in restricted circumstances can still lead to criminal charges.
A Class A misdemeanor is a standard offense with up to a year of jail time and up to $4000 in fines. If enhanced to a third-degree felony, the person will be prohibited from possessing a firearm altogether.
Limits of Constitutional Carry
In 2021, Texas implemented a permitless carry law in House Bill 1927. Anyone aged 21 or older who is legally allowed to possess a firearm may carry openly or concealed without a license. However, there are two important caveats to understand:
- Prohibited individuals, such as felons or those under protective orders, remain barred from carrying.
- Even those legally possessing firearms must not carry them into restricted locations such as schools or government buildings.
Texas also forbids possession or use of certain prohibited weapons, such as machine guns, silencers, and brass knuckles, under § 46.05. These offenses are considered felonies and are punishable by significant prison time and fines. Contact your attorney for more information.
Federal Prohibitions and Cross-Application
Federal law criminalizes firearm possession by the following individuals:
- Felons
- Domestic violence offenders
- Illegal aliens
- Drug addicts
- Mentally ill persons
- Dishonorably discharged veterans
Violations of federal gun control laws can result in up to 10 years in federal prison and often run consecutively to state sentences. Consult a criminal defense attorney to discuss your case and understand your next steps.
Unlawful Firearm Possession Defenses
Common defense strategies for unlawful firearm possession charges in Texas include challenging evidence, demonstrating a lack of knowledge or possession, and expressing applicability of exceptions. Some exception categories include antique firearms and property-based possession at home, which may exclude prosecution.
In these cases, a criminal defense lawyer may argue that confinement status has lapsed or that the location of possession falls within a lawful exception. For example, showing that the weapon was secured in a motor vehicle, holstered, or carried by someone over 21 can help avoid charges.
Contact the Law Office of Philip D Ray Today
Firearms offenses carry potentially life-altering consequences, but a seasoned criminal defense attorney can help analyze legal defenses, negotiate reductions, litigate suppression motions, and advocate for deferred adjudication or probation.
Know your status and seek legal counsel when in doubt. Schedule a confidential consultation with the Law Office of Philip D Ray today.