Wrongful Possession Of Arms In Texas
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FAQ
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. Federal law does not contain that exception.
WHAT MISDEMEANORS PROHIBIT GUN OWNERSHIP IN TEXAS? Misdemeanor domestic violence offenses, including Assault, Terroristic Threat, and Harassment if directed toward a family member prohibit gun ownership. Bond and probation conditions for all misdemeanor offenses frequently prohibit gun ownership in Texas.
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.
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.
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);
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.
Can I have a gun in my car in Texas? The Texas Motorist Protection Act (HB 1815), effective as of September 1, 2007, permits any law-abiding Texas resident the legal right to carry a handgun inside their motor vehicle in Texas (without a Handgun License to Carry) or any other permit.
