In many jurisdictions, it is illegal to possess a firearm when someone is a convicted felon or does not have a valid permit. Texas has a law that prohibits certain people from possessing a weapon at all. That law is called “unlawful gun possession.”
Unlawful gun possession law is defined as having a firearm under the following circumstances:
A person who is a convicted felon cannot possess a firearm for five years after their conviction. After the five-year period, they may only possess a firearm in their own home. If the person is found to have a gun outside their home, they can be arrested for unlawful possession of a firearm.
Any person convicted of domestic violence, or violence against a family or household member, cannot possess a firearm for five years, even if they did not use a gun while committing domestic violence. The five-year period starts after the person leaves confinement or community supervision. If someone has a gun during that period, it is considered a violation.
No. A person who possesses a firearm and has a restraining order against them can be arrested for unlawful possession regardless of how much time passes after the conviction.
Punishment for unlawful possession is two to 10 years in prison and/or $10,000 fine.
Unlawful gun possession is a serious charge, one that comes with a severe punishment. Contact a Texas attorney to fight your unlawful gun possession charge.
Last Modified: 09-14-2016 09:11 PM PDTLaw Library Disclaimer
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