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.”
How Does Texas Define Unlawful Gun Possession?
Unlawful gun possession law is defined as having a firearm under the following circumstances:
- As a convicted felon
- When someone has a protective or restraining order against the person
- The person has been convicted of a Class A misdemeanor involving violence against a family or household member
Can I Still Be Arrested If I Am Now Legally Allowed to Carry a Weapon?
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.
Why Can I Not Possess a Firearm When I Was Only Convicted of a Domestic Charge?
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.
Do Restraining or Protective Orders Have a Time Limit Like Other Restrictions?
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.
What Is the Punishment for Unlawful Possession of a Firearm in Texas?
Punishment for unlawful possession is two to 10 years in prison and/or $10,000 fine.
Do I Need an Attorney to Help Me with My Case?
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.