Unlawful Possession of Firearm by Felon
A person convicted of a felony may not possess a firearm before the 5th anniversary of release from confinement, supervision, or parole (whichever is later). After 5 years, possession is still unlawful anywhere other than the premises where the person lives.
The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Convicted of a felony
- Possesses a firearm
- Before 5th anniversary of release from confinement/supervision (whichever later), OR
- After 5 years, anywhere other than the premises where the person lives
A person convicted of a felony may not possess a firearm before the 5th anniversary of release from confinement, supervision, or parole (whichever is later). After 5 years, possession is still unlawful anywhere other than the premises where the person lives.
| If this condition applies… | Charge escalates to |
|---|---|
| Family violence misdemeanor conviction | Class A misdemeanor (5-year prohibition) |
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Worked examples
Unlawful Possession of a Firearm by a Felon under §46.04(a) prohibits a person convicted of a felony from possessing a firearm:
- Forever, anywhere
- Before the 5th anniversary of release from confinement, supervision, or parole (whichever later); after that, anywhere other than the premises where the person lives Correct
- Only outside the home
- Only on school grounds
A 25-year-old defendant, convicted of a felony 3 years ago and currently on parole, is found with a pistol on the back porch of the apartment where he lives. Charge?
- Unlawful Carrying of a Weapon — Class A misdemeanor
- Unlawful Possession of a Firearm by a Felon — 3rd degree felony Correct
- Prohibited Weapon — 3rd degree felony
- No offense — he is on his own premises