Illegal gun possession, also commonly referred to as the criminal possession of a weapon, carries increasingly strict penalties. Many communities and states such as Texas have taken steps to reduce gun violence by enacting harsher penalties for not only the use of guns in the commission of a crime, but for the mere possession of an illegal firearm. Many people need to go through a firearm background check to get cleared to have possession of a gun.

When Is Gun Possession illegal?

  • Someone knowingly has in his or her possession a firearm
  • Not a legally licensed gun holder - this includes those without a valid permit, on probation, or have some other restriction that does not allowed them to possess a gun
  • The gun generally doesn't have to be loaded but it must be capable of discharging ammunition
  • Often different rules apply to when it is permissible to carry a gun in public versus having a firearm in one's home

Factors That Increase Punishments

  • Possession on or near school grounds whether or not children are present
  • Probation or parole terms forbid you to possess a gun
  • Community attitudes toward gun possession and gun violence
  • Aggravating or mitigating circumstances
  • Prior convictions

When Are Gun Sales illegal?

  • It is against the law to sell guns or ammunition to underage individuals
  • It is unlawful to sell guns unless you are licensed to sell or import guns or firearms

Accused of Gun Possession or Another Gun Offense?

If you are accused of illegal gun possession or another gun offense, you should contact a criminal defense lawyer immediately to learn more about your rights, your defenses and the complicated legal system.

Vea esta página en español: Posesión de Armas o visita para más información legal.