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Wrongful Possession Of A Firearm In Houston
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Multi-State
City:
Houston
Control #:
US-000303
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FAQ
Unlawful possession of a firearm is generally punishable as a Class A misdemeanor, which comes with a presumptive sentence of up to one year in jail and/or fines not to exceed $4,000 (Tex. Penal Code §12.21). There are also cases where unlawful possession of a firearm is considered a felony of the third degree.
Texas law says no, but it contains an exception. Section 46.04 of the Texas Penal Code makes it illegal for someone convicted of a felony to possess a firearm. If more than 5 years have passed since completing their prison sentence (including parole or probation), the law allows possessing a firearm at home.
UNLAWFUL POSSESSION OF FIREARM After five years, possession of a firearm remains illegal unless it is possessed at a residence address. It is also illegal to possess a firearm at home or elsewhere within five years of release from community supervision or confinement for a conviction for assault-family violence.
2021 Unlicensed Carry Law As of 2021, Texas law no longer requires people to have a license to carry (LTC) in order to carry a handgun in most public places. See our Carry of Firearms page for more info on this new law.
What is the Punishment for Unlawful Carry of a Weapon in Texas? In general, illegally carrying a handgun without a CHL in Texas is a Class A Misdemeanor punishable by up to 1 year in jail and up to a $4,000 fine.
Texas Penal Code Section 42.01 makes it illegal for an individual to intentionally or knowingly discharge a firearm in a public place other than a shooting range. “Intentionally or knowingly” means that the individual is aware of their actions when discharging the firearm.
You can be charged with a Class A UCW if you carry a weapon while committing another crime that is not a Class C misdemeanor. This holds true even if the underlying crime does not seem very serious, including the following: Reckless driving; Driving under the influence (DUI) or driving while intoxicated (DWI);