Austin Felon in Possession of a Firearm Lawyer

If you were previously convicted and have since been charged with unlawful firearm possession in Texas, contact Cofer & Connelly, PLLC for guidance and direction. Our experienced lawyers can help ensure that you are well defended and that your rights are protected.

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Felon in Possession of a Firearm in Texas

One of the harsh penalties that results from a felony conviction is the loss of gun ownership rights. Under federal law, a convicted felon is never allowed to possess a gun again, even after serving time and completing parole and all other terms of their sentence. Texas has similar laws that forbid felons from owning guns under certain circumstances and the state also forbids anyone who was convicted of a family assault crime from having a gun in public.

Texas laws go on to say, though, that after at least five years have passed from the end of the punishment for the felony or family violence crime, a person can have a gun in their own home again. So, in the State of Texas, at least, being convicted of a felony isn’t the end of your right to have a gun nearby for self-defense and protection, as long as you are at home, anyway.

One of the conditions of a felony conviction is the loss of gun ownership rights. This rule applies throughout the United States and in every state in the country. In Texas, though, the bar against owning guns isn’t a lifetime condition. Texas law allows a felon to be in possession of a gun again after a certain time has passed post-conviction under certain circumstances. Virtually across the board, five years after the end of any sentence served, a former felon may again have possession of guns at home. The same rule applies to those who have been convicted of a crime of family violence, which is a misdemeanor. When five years have passed after the defendant has served the punishment for their crime, including incarceration and any term of supervised release in the community, the person is again allowed to have guns, but only at home and never in public places.

Texas Laws Concerning Felons in Possession of Firearms

The accepted principle in the U.S. is that convicted felons lose their right to bear arms and are forbidden from owning or possessing firearms at all. The same principle applies to those who have been convicted of certain family violence crimes – even though the charges, in those cases, are misdemeanor offenses – a conviction will result in the loss of firearm ownership privileges. Likewise, those who are covered by a protective order that requires them to stay away from certain people are also forbidden from gun possession so long as they are aware of the protective order that covers them.

Unlike the federal rule, though, which does not ever permit a convicted felon to possess a gun again legally, the Texas rule allows for an exception to the harsh penalty of forfeiture of all gun rights for life. Like most of the state’s gun laws, Texas has a relatively pro-gun ownership position on the subject of felons in possession of firearms. In Texas, a felon who has served the terms of their sentence, including any time incarcerated as well as all the time that has been ordered for any sort of supervised release in the community, like parole or probation, is eligible for limited gun possession rights, but only at home, and only when more than five years have elapsed after sentencing terms have been fully served.

The law in Texas allows felons who have served their term, plus any post-incarceration period of supervision like parole, and who have then waited five years after the last date of the sentence, to have guns in their own home and vehicle. This rule applies to people convicted of family violence misdemeanors, as well. Neither convicted felons nor those who have served time for family violence can lawfully own and carry weapons outside of the home (and a vehicle they own or control) at any time, even after the five years have run and they are allowed to have guns at home again.

Punishments for Possession of a Firearm by a Convicted Felon in Texas

Possession of a firearm by a felon in Texas is treated as a significant crime. The offense is charged as a third-degree felony. If convicted, you will face up to 10 years in prison and a fine of up to $10,000. There are even more severe consequences for people considered habitual felony offenders. If an accused has previously been convicted of any felony beyond a state jail felony, they can be charged with a second-degree felony if found in possession of a gun. A conviction of a second-degree felony will result in a sentence of up to 20 years in prison and a fine of up to $10,000.