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.
To prove this offense, the State must establish each of the following elements: 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; 3rd degree felony.
The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- 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
- 3rd degree felony
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 | Statute |
|---|---|---|
| Family violence misdemeanor conviction | Class A misdemeanor (5-year prohibition) | §46.04(b) |
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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