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Unl. Poss. of Firearm by a Felon Texas Lawyers

CRIMINAL DEFENSE

UNLAWFUL POSSESSION OF FIREARM BY FELON

WHAT IS UNL. POSS. OF FIREARM BY A FELON IN TEXAS?

Can felons own a gun in Texas? If you have a felony conviction in Texas, the law makes it clear: you can’t legally possess a firearm until a certain period of time after your release has expired. Under Texas Penal Code Section 46.04, any convicted felon in possession of a firearm commits an offense. Possession by felons is a crime punishable by hefty fines, lengthy prison sentences, and permanent damage to your record in Texas.

If you’re facing allegations of unlawful possession of a firearm in Texas, take action – fast. You’re staring down serious criminal charges, and your future is on the line. Unlawful possession of a firearm (unl. poss. of a firearm) by a felon offense isn’t something you can handle on your own. With our expert criminal defense attorneys, you’ll have the robust legal support you need to fight back.

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Penalties for Unlawful Possession of Firearm by a Felon in Texas

What happens if a felon is caught around a gun in Texas? If a person who has been convicted of a felony possesses a firearm before the fifth anniversary of their release from community supervision or mandatory supervision, confinement, or parole, they have committed an unl. poss. of a firearm by a felon offense. 

Certain types of offenses, such as those involving family violence offenses, may have additional restrictions or longer periods before firearm possession is allowed. Unlawful possession of a firearm by a felon is classified as a third-degree felony in Texas, with severe potential punishments for both state and federal charges. This includes:

  • Fines up to $10,000;
  • Minimum sentence of 2 years in prison;
  • Maximum sentences that can extend up to 10 years for some cases;
  • Loss of the right to own or possess a firearm.


Prior felony offenses, such as drug offenses and family violence convictions
increase the severity of charges compared to unlawful carry of a weapon with a clean record. Previous offenses can push felons in possession into harsher sentencing ranges, meaning those lengthy prison sentences can be even worse if you have previous convictions.

Who Can Be Charged with Unlawful Possession of a Firearm?

Unlawful users such as minors, domestic violence offenders, individuals with restraining orders or a previous felony conviction can all face weapons charges in Texas. The definition of possession can be found under the Texas Penal Code Section 1.07(a)(39) as “actual care, custody, control, or management.”

When defending against alleged unlawful possession of a firearm by a felon, this definition becomes critical. For a person to be charged with unl. poss. of firearm by a felon, the prosecution must prove that the defendant:

  • Had actual possession or control of the firearm. The prosecution must prove that the individual had the ability to control or manage the weapon. This can include physically holding the firearm or having it in a location where they have access, such as in their home or vehicle.


Knew the firearm was present.
Knowledge is an essential component. The person must have been aware that the firearm was in their possession.

How M|C Criminal Law Law Approaches Unl. Poss. of Firearm by a Felon Cases

At M|C Criminal Law, we have the grit and determination to take on even the toughest cases. We’ve successfully defended clients across Dallas and Texas facing unlawful possession of a firearm by a felon charges. Our criminal defense lawyers tailor a personalized defense to each case for felons in possession.

  • Challenging the evidence: Was the firearm truly in your possession? Can they prove it?
  • Questioning prior convictions: Was your prior felony conviction fair or even valid? We’ll dig deep into your past criminal offenses and previous convictions.
  • Negotiating for lesser penalties: Sometimes, a deal can be made for reduced criminal charges or lighter sentencing. The average sentence reduction for unlawful possession of a firearm by a felon in Texas is approximately 34.7%.
  • Fighting for dismissal: In the best cases, we can fight for a full dismissal of your firearm offense.

When it comes to challenging unl. poss. of firearm by felon charges in Texas, experience counts. The M|C Criminal Law team understands both sides of the courtroom, predicting what the prosecution will do and staying one step ahead. We know Texas firearm laws inside and out, and we’ll use every tool and angle at our disposal to build a strong defense for your case.

  • Self-defense: You acted in self-defense or defense of others.
  • Accident: The act was accidental and not intentional.
  • Lack of intent: The act was not intentional or knowing.
  • Lack of proof: There is insufficient evidence to support the charges.
  • Mistaken identity: You were wrongly accused.
  • No provocation: The act did not involve unlawful or offensive contact.


These defense strategies can be critical in reducing or dismissing charges. A simple assault Texas lawyer from M|C Criminal Law will know how to apply them effectively in your specific case.

The Risks of Conviction Are High: Get Robust Legal Representation

Facing charges for firearm possession as a felon in possession comes with fear, uncertainty, and stress of the weight of what a conviction could mean for your life. But there’s hope. Our criminal defense attorneys will turn every stone to protect your rights. 

We’re not here to judge you for your past but to defend your present and protect your future. We’ve helped reduce the consequences of possession by people just like you many times before, and we can do it again. Possession by felons should command immediate action.

If you’re facing unl. poss. of a firearm by felon charges in Texas, don’t wait. Reach out to M|C Criminal Law’s Dallas team for a confidential consultation as soon as possible to discuss your options. Here, we don’t just handle cases; we change lives.

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