Felon in Possession of Firearm

The Law

A person who has been convicted of a felony commits an offense if he possesses a firearm:

• 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
• After the period described above, at any location other than the premises at which the person lives.

Punishment

A conviction for unlawful firearm possession by a felon carries a prison sentence of two to ten years and a fine of up to $10,000.00.

Defense

There are a variety of defenses you can use to fight Felon in Possession of a Firearm charges:

• Lack of possession: The prosecution must prove that you had actual or constructive possession of the firearm. If the gun was found in a shared home or vehicle, there may be reasonable doubt about who actually possessed it.
• Unknowing possession: If the firearm was placed in your possession without your knowledge, you may have a defense. For example, if someone left a gun in your car without informing you, it could be argued that you did not “knowingly” possess it.
• Federal vs. State Law Conflicts: While Texas law allows possession after five years within a residence, federal law does not. If state law enforcement officers conducted the arrest, it might be possible to challenge the charge based on jurisdictional issues.

The exact language of this law, further details, and additional punishment concerns can be found in Section 46.04 of the Texas Penal Code. None of this information can take place of the information, knowledge, and expertise provided by a licensed attorney.