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Wrongful Possession Of Arms In Houston
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Multi-State
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Houston
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US-000303
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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.
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Wrongful weapon charge? Houston firearm defense attorney fighting for your rights after a charge of unlawful possession of a firearm in Texas and other weapon charges.Section 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions. The first step is to fill out and file the petition with the court who had jurisdiction over your unlawful carry conviction. Unlawful Possession of a Firearm; What Weapons are Illegal in Texas? If you've been charged with Unlawful Possession of a Firearm, call Weapons Crimes Attorney Adam Capetillo. Get the experience defense now. Never allow an unlawful possession of a firearm charge hang over your head. This includes firing a gun over a road, street, highway, or within a neighborhood. This section of the U.S. Code discusses various unlawful acts related to guns.