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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.
Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. This is generally a Class A misdemeanor in Texas although as explained below, it can become a third degree felony under certain circumstances.
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.
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.
A full restoration of rights, however, can only be achieved by submitting an application to the Clemency Section of the Texas Board of Pardons and Paroles. Without being granted a pardon, a felon's right to possess a firearm is limited to the place where they are living.
There is currently only one way for a felon to regain the right to possess a firearm in Texas. He or she will need to seek a full pardon. The governor issues very few pardons every year, so pardon is unlikely and quite expensive.
Possession of a Firearm by a Convicted Felon Penalties in Dallas. Unlawful possession of firearm crimes are punishable as follows: Class A Misdemeanor — Up to one year in jail and/or a fine of up to $4,000. Third-Degree Felony — Up to 10 years in prison and/or a fine of up to $10,000.
Firearm Prohibitions in Texas Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.