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Wrongful Possession Of Arms In Tarrant
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Multi-State
County:
Tarrant
Control #:
US-000303
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FAQ
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.
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.
The current UCW law (effective as of September 1, 2021) makes it illegal to carry a handgun outside of your home or vehicle (unless you're directly en route to and from those locations) if you're: (1) intoxicated, (2) prohibited from possessing a firearm under other law, (3) under 21 years old, or (4) convicted of ...
A full pardon from the Governor restores your right to possess a firearm, vote, hold public office, and serve on a jury. The process of obtaining a pardon requires submitting an application to the Texas Board of Pardons and Paroles, which reviews your case and makes a recommendation to the Governor.
It will depend on the situation. Texas law may prohibit you from getting your weapon back if you have previous convictions, the offense occurred in a certain location, or the weapon is prohibited. Ultimately, your best option is to reach out to a skilled criminal defense attorney for help with your case.
Under Texas Penal Code Section 46.04, people with felony convictions cannot have a firearm. If 5 years have passed since the completion of their sentence (including parole or probation), the law allows them to have a gun at their home.
FIRST DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.
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.
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.
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.