What Is Considered Unlawful Possession of a Firearm in Texas?

ByBuffalo Rifles Blog

What Is Unlawful Possession Of A Firearm In Texas?

The right to bear arms is a fundamental right guaranteed by the Second Amendment of the United States Constitution. However, there are certain restrictions on who can legally own and possess firearms. In Texas, the laws regarding unlawful possession of a firearm are complex and vary depending on the specific circumstances.

This article will provide a general overview of the unlawful possession of a firearm laws in Texas. It will discuss the different types of offenses, the penalties for each offense, and the defenses that may be available to defendants.

Types of Unlawful Possession of a Firearm Offenses

The Texas Penal Code defines several different types of offenses related to unlawful possession of a firearm. These offenses include:

  • Unlawfully carrying a weapon: This offense is committed by a person who carries a handgun on or about their person without a license.
  • Possession of a prohibited weapon: This offense is committed by a person who possesses a weapon that is prohibited by law, such as a machine gun or a sawed-off shotgun.
  • Unlawfully possessing a firearm by a felon: This offense is committed by a person who has been convicted of a felony and who possesses a firearm.
  • Unlawfully possessing a firearm by a juvenile: This offense is committed by a person under the age of 18 who possesses a firearm.

Penalties for Unlawful Possession of a Firearm Offenses

The penalties for unlawful possession of a firearm offenses vary depending on the specific offense. The most serious offenses, such as unlawfully possessing a firearm by a felon, are punishable by up to 10 years in prison and a fine of up to $10,000.

Defenses to Unlawful Possession of a Firearm Offenses

There are a number of defenses that may be available to defendants charged with unlawful possession of a firearm. These defenses include:

  • Lawful self-defense: A person who possesses a firearm in self-defense is not guilty of an offense.
  • Defense of others: A person who possesses a firearm in defense of another person is not guilty of an offense.
  • Consent: A person who possesses a firearm with the consent of the owner is not guilty of an offense.

The laws regarding unlawful possession of a firearm in Texas are complex and vary depending on the specific circumstances. If you are facing charges for unlawful possession of a firearm, it is important to speak to an experienced criminal defense attorney who can help you understand your rights and options.

What Is Unlawful Possession Of A Firearm In Texas?

| Crime | Definition | Penalty |
|—|—|—|
| Unlawfully Carrying a Weapon | Carrying a weapon on or about your person, in a vehicle, or in a building or place open to the public without a license to carry. | Class A misdemeanor |
| Unlawful Possession of a Firearm by a Felon | Possessing a firearm if you have been convicted of a felony. | Third-degree felony |
| Unlawful Possession of a Firearm by a Minor | Possessing a firearm if you are under 18 years old. | Class A misdemeanor |
| Carrying a Weapon in a School Zone | Carrying a weapon on or about your person, in a vehicle, or in a building or place on school property. | Third-degree felony |
| Discharging a Firearm in a Public Place | Intentionally or knowingly discharging a firearm in a public place. | Third-degree felony |
| Brandishing a Firearm | Intentionally or knowingly displaying a firearm in a public place in a manner that is likely to alarm or cause fear in another person. | Class A misdemeanor |

1. Definition of Unlawful Possession of a Firearm in Texas

What is a firearm?

A firearm is any weapon that is designed to expel a projectile by the action of an explosive. This includes pistols, revolvers, rifles, shotguns, and any other weapon that falls under this definition.

What is unlawful possession of a firearm?

Unlawful possession of a firearm occurs when a person possesses a firearm in violation of state or federal law. This can include possessing a firearm without a license, possessing a firearm that is not registered, or possessing a firearm in a prohibited place.

What are the penalties for unlawful possession of a firearm?

The penalties for unlawful possession of a firearm vary depending on the specific offense. However, the penalties can include fines, imprisonment, or both. In some cases, a person convicted of unlawful possession of a firearm may also be required to forfeit the firearm.

2. Types of Unlawful Possession of a Firearm in Texas

There are a number of different types of unlawful possession of a firearm in Texas. These include:

  • Possession by a prohibited person. A person is prohibited from possessing a firearm if they have been convicted of a felony, are a fugitive from justice, are a drug addict or habitual drunkard, or are under indictment for a felony.
  • Possession of a firearm in a prohibited place. It is illegal to possess a firearm in certain places, such as schools, government buildings, and places of worship.
  • Possession of a firearm in a school zone. It is illegal to possess a firearm within 1,000 feet of a school.
  • Possession of a firearm while intoxicated. It is illegal to possess a firearm while intoxicated.

Unlawful possession of a firearm is a serious crime in Texas. If you are convicted of this offense, you could face serious penalties, including fines, imprisonment, or both. It is important to be aware of the law and to make sure that you are not in possession of a firearm in violation of the law.

Additional Resources

  • [Texas Penal Code Chapter 46: Offenses Against Public Safety](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm)
  • [Texas Department of Public Safety: Firearm Laws](https://www.dps.texas.gov/rsd/firearms/laws/index.htm)

What Is Unlawful Possession Of A Firearm In Texas?

In Texas, it is illegal to possess a firearm if you are a convicted felon, a fugitive from justice, a drug user, or a person who has been dishonorably discharged from the military. It is also illegal to possess a firearm in a school zone, a prohibited place, or while intoxicated.

The specific laws governing unlawful possession of a firearm in Texas are found in Chapter 46 of the Texas Penal Code. These laws define the different types of offenses, the penalties for each offense, and the defenses that may be available to a defendant.

Types of Offenses

The Texas Penal Code defines four different types of offenses for unlawful possession of a firearm:

  • Unlawful Carrying of a Weapon: This offense is committed when a person knowingly carries a weapon on or about their person, in a vehicle, or in a building. The weapon must be readily accessible, and the person must not have a license to carry a concealed weapon.
  • Unlawful Possession of a Firearm by a Felon: This offense is committed when a person who has been convicted of a felony possesses a firearm.
  • Unlawful Possession of a Firearm by a Fugitive from Justice: This offense is committed when a person who is a fugitive from justice possesses a firearm.
  • Unlawful Possession of a Firearm in a School Zone: This offense is committed when a person possesses a firearm in a school zone.

Penalties

The penalties for unlawful possession of a firearm in Texas vary depending on the type of offense and the person’s criminal history. The penalties can include fines, imprisonment, or both.

For a first offense of unlawful carrying of a weapon, a person can be sentenced to up to 1 year in prison and fined up to $4,000. For a second or subsequent offense, a person can be sentenced to up to 2 years in prison and fined up to $10,000.

For a first offense of unlawful possession of a firearm by a felon, a person can be sentenced to up to 10 years in prison and fined up to $10,000. For a second or subsequent offense, a person can be sentenced to up to 20 years in prison and fined up to $20,000.

For a first offense of unlawful possession of a firearm by a fugitive from justice, a person can be sentenced to up to 10 years in prison and fined up to $10,000. For a second or subsequent offense, a person can be sentenced to up to 20 years in prison and fined up to $20,000.

For a first offense of unlawful possession of a firearm in a school zone, a person can be sentenced to up to 10 years in prison and fined up to $10,000. For a second or subsequent offense, a person can be sentenced to up to 20 years in prison and fined up to $20,000.

Defenses

There are a number of defenses that may be available to a defendant charged with unlawful possession of a firearm in Texas. These defenses include:

  • Mistake of fact: A defendant may be able to argue that they did not know that they were in possession of a firearm.
  • Necessity: A defendant may be able to argue that they possessed a firearm out of necessity, such as for self-defense.
  • Entrapment: A defendant may be able to argue that they were entrapped into possessing a firearm.

Unlawful possession of a firearm in Texas is a serious offense that can result in significant penalties. If you are facing charges of unlawful possession of a firearm, it is important to speak to an experienced criminal defense attorney as soon as possible.

Defenses to Unlawful Possession of a Firearm in Texas

There are a number of defenses that may be available to a defendant charged with unlawful possession of a firearm in Texas. These defenses include:

  • Mistake of fact: A defendant may be able to argue that they did not know that they were in possession of a firearm. This defense may be available if the defendant was not aware that the firearm was in their possession, or if they were mistaken about the legality of possessing the firearm.
  • Necessity: A defendant may be able to argue that they possessed a firearm out of necessity, such as for self-defense. This defense may be available if the defendant was in a situation where they reasonably believed that they were in imminent danger of death or serious bodily injury, and that the only way to protect themselves was to use a firearm.
  • Entrapment

    What is unlawful possession of a firearm in Texas?**

Unlawful possession of a firearm in Texas is defined as knowingly or intentionally possessing a firearm while:

  • Being a felon
  • Being a fugitive from justice
  • Being under indictment for a felony
  • Being a person who has been dishonorably discharged from the military
  • Being a person who has been convicted of domestic violence
  • Being a person who is addicted to a controlled substance
  • Being a person who is a member of a street gang
  • Being a person who is prohibited from possessing a firearm under federal law

What are the penalties for unlawful possession of a firearm in Texas?

The penalties for unlawful possession of a firearm in Texas vary depending on the circumstances of the offense. However, the most common penalties include:

  • A fine of up to $10,000
  • A prison sentence of up to 10 years
  • The loss of the right to possess a firearm

Is it legal to possess a firearm in Texas if I have a felony conviction?

No, it is not legal to possess a firearm in Texas if you have been convicted of a felony. This is true even if you have completed your sentence and are no longer on parole or probation.

Is it legal to possess a firearm in Texas if I am a fugitive from justice?

No, it is not legal to possess a firearm in Texas if you are a fugitive from justice. This is true even if you are only a fugitive from a misdemeanor charge.

Is it legal to possess a firearm in Texas if I am under indictment for a felony?

No, it is not legal to possess a firearm in Texas if you are under indictment for a felony. This is true even if you have not been convicted of the felony.

Is it legal to possess a firearm in Texas if I have been dishonorably discharged from the military?

No, it is not legal to possess a firearm in Texas if you have been dishonorably discharged from the military. This is true even if you have been discharged for something other than a felony conviction.

Is it legal to possess a firearm in Texas if I have been convicted of domestic violence?

No, it is not legal to possess a firearm in Texas if you have been convicted of domestic violence. This is true even if you have been convicted of a misdemeanor domestic violence offense.

Is it legal to possess a firearm in Texas if I am addicted to a controlled substance?

No, it is not legal to possess a firearm in Texas if you are addicted to a controlled substance. This is true even if you have a prescription for the controlled substance.

Is it legal to possess a firearm in Texas if I am a member of a street gang?

No, it is not legal to possess a firearm in Texas if you are a member of a street gang. This is true even if you are not actively involved in criminal activity.

Is it legal to possess a firearm in Texas if I am prohibited from possessing a firearm under federal law?

No, it is not legal to possess a firearm in Texas if you are prohibited from possessing a firearm under federal law. This is true even if you are not prohibited from possessing a firearm under Texas law.

What are some common defenses to a charge of unlawful possession of a firearm in Texas?

There are a number of defenses that may be available to a person charged with unlawful possession of a firearm in Texas. These defenses include:

  • The firearm was not in the person’s possession
  • The person was not aware that the firearm was present
  • The person had a valid permit to possess the firearm
  • The person was acting in self-defense
  • The person was defending another person
  • The person was in imminent danger of bodily harm

If I am charged with unlawful possession of a firearm in Texas, what should I do?

If you are charged with unlawful possession of a firearm in Texas, it is important to speak to an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and protect your rights.

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