What Are The Penalties For A Felon With A Firearm In Texas?

What Are The Penalties For A Felon With A Firearm In Texas?

When someone is convicted of a felony in Texas, they lose certain rights, including the right to possess a firearm. While there are pathways for some individuals to regain this right after a period of time, the restrictions on firearm possession for felons in Texas are strict, with severe penalties for violations. If a person with a felony conviction is caught with a firearm, the legal consequences can be substantial and life-altering. Here, we explain the legal ramifications of a felon possessing a firearm in Texas, covering applicable laws, penalties, potential defenses, and why understanding these laws is essential for protecting one’s freedom.

Texas Felon In Possession Of A Firearm Laws

Under Texas Penal Code Section 46.04, it is generally illegal for a person with a felony conviction to possess a firearm. However, Texas does allow certain limited circumstances where a felon may legally possess a firearm in their home, specifically after five years have passed from the date of their release from confinement, probation, or parole. Beyond this, possession of a firearm by a felon is a serious criminal offense that can lead to prosecution and severe penalties if convicted.

Penalties For Felon With A Firearm Charge In Texas

Possessing a firearm as a convicted felon in Texas is a third-degree felony, which carries serious consequences. A third-degree felony conviction can lead to a prison sentence of two to ten years and a fine of up to $10,000. But, there are factors that can make the situation more complex or severe. For instance:

• Multiple Felony Convictions – If an individual has been convicted of multiple felonies, they may face enhanced penalties.
• Use of Firearm in Commission of Another Crime – If the firearm is used during the commission of another crime, this can lead to additional charges or higher penalties.
• Federal Charges – In some cases, federal law enforcement may get involved. Under federal law, possession of a firearm by a convicted felon is also prohibited, leading to federal charges, which can carry even harsher penalties.

Federal “Felon With A Firearm” Laws

In addition to Texas state law, federal law also prohibits convicted felons from possessing firearms. The federal law governing felon firearm possession is codified in 18 U.S. Code Section 922(g), which makes it illegal for anyone with a felony conviction to possess, receive, or transport a firearm. Federal law provides no grace period or exceptions that allow possession even after a certain amount of time has passed. Federal penalties for firearm possession by a felon can result in prison sentences of up to ten years, with the possibility of enhanced penalties if other federal crimes are involved.

The Difference Between State And Federal Charges

A person with a felony conviction in Texas may face charges in both state and federal court if they are found in possession of a firearm. While Texas allows limited firearm possession for felons in their homes after five years, federal law makes no such exceptions. As a result, someone who may be in compliance with Texas law could still face federal charges, which do not allow possession under any circumstances. Federal cases are often prosecuted more aggressively, and sentences are served in federal prison, where early release options are limited compared to the state system.

Enhancements Based On Prior Convictions

Texas law allows enhanced penalties for felons found in possession of firearms if they have previous convictions. If a person has multiple felony convictions, they could face harsher sentencing under Texas’s habitual offender laws. This could mean a longer prison sentence than the standard two to ten years associated with a third-degree felony. Additionally, prosecutors may seek maximum penalties, particularly if they believe the felon poses a significant risk to public safety.

Defenses To Firearm Possession By A Felon

If you are a felon and you have been charged with possessing a firearm in Texas, there are legal defenses that might apply. Each case is unique, but common defenses include:

1. Lack of Knowledge – If the defendant was unaware of the firearm’s presence, it could serve as a defense. For example, if a firearm was found in a car, the defendant borrowed, and they were unaware of it, this might be used in their defense.
2. Residence Exception – Texas law allows felons to possess firearms in their residence after five years have passed since their release from prison, parole, or probation. If the possession occurred in the individual’s home and they met the five-year requirement, this may serve as a defense.
3. Violation of Rights – If law enforcement violated the defendant’s Fourth Amendment rights by conducting an unlawful search, any evidence (including the firearm) obtained during the search may be excluded from court.

How We Approach Firearm Possession Cases for Felons

As a team, we evaluate every aspect of the case to build a strong defense. Our approach includes:

• Thorough Review of Evidence – Our legal professionals meticulously examine the evidence to identify weaknesses in the prosecution’s case.
• Examination of Search and Seizure Procedures – Our attorneys will investigate the circumstances of any search that led to the discovery of the firearm. If the search was unlawful, we may move to suppress the evidence.
• Negotiation and Plea Bargaining – In some cases, negotiating with the prosecution often leads to reduced charges or penalties. Our legal team will explore every option to protect our clients.

With our extensive knowledge of Texas firearm laws, we provide legal representation tailored to each client’s unique circumstances. Our goal is to minimize the consequences and provide a pathway forward for those facing these serious charges.

FAQs On Felon With Firearm Penalties In Texas

What If I Was Unaware That The Firearm Was In My Possession?

If you genuinely did not know about the firearm’s presence, this could be a defense in your case. The state is required to prove knowledge on your part of the gun in your possession. So, with the right legal support, this can be a viable defense.

Is There Any Way For A Felon To Legally Possess A Firearm In Texas?

Yes, Texas law allows limited firearm possession for felons, but only within the home and only after five years have passed since their release from confinement, parole, or probation. This exception applies solely to personal residence and does not grant permission for possession in public spaces. However, this does not apply under federal law, which prohibits firearm possession by felons entirely.

Can A Federal Charge Be Added If I’m Charged Under Texas Law For Firearm Possession?

Yes, you can face both state and federal charges for firearm possession as a felon. Federal law does not allow felons to possess firearms under any circumstances, regardless of Texas’s five-year rule for residence-only possession. Federal prosecutors may bring charges that carry longer prison terms and higher fines, so it is crucial to understand that federal involvement can escalate the case.

How Does The Residence-Only Firearm Possession Rule Work For Felons In Texas?

In Texas, felons are permitted to possess firearms within their own residence after five years have passed since their release. However, this possession is restricted to the home and cannot extend to public areas, vehicles, or workplaces. Additionally, federal law still prohibits any possession, so even legal compliance under Texas law does not protect against potential federal prosecution.

Can I Get My Firearm Rights Restored In Texas?

Restoring firearm rights in Texas is possible under limited circumstances, but it typically requires a pardon or judicial order, which is difficult to obtain. Texas does not have a formal process for restoring firearm rights for felons. Individuals interested in restoring these rights may need to pursue a pardon, which is a lengthy process and rarely granted.

Contact Our Galveston Gun Possession Lawyer For A Free Consultation

If you or a loved one is facing charges for possessing a firearm as a felon in Texas, the potential penalties can be severe. At Mark Diaz & Associates, we are committed to defending our clients’ rights and navigating the complex firearm laws in Texas. With our knowledge of Texas firearm and criminal law, we are ready to provide aggressive defense strategies tailored to your case. Contact us today to discuss your situation and understand your options.

For those seeking help with a firearm possession case in Galveston, Brazoria, or Harris Counties, we offer a free consultation to answer your questions and explain how we can assist. Contact our Galveston gun possession lawyer at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation.