Penal Code · §46.04
Unlawful Possession of Firearm by Felon
Elements
- A person who has been convicted of a felony
- Possesses a firearm: before the fifth anniversary of the person's release from confinement following conviction of the felony or release from supervision under community supervision/parole/mandatory supervision (whichever date is later); OR
- After that 5-year period, at any location other than the premises at which the person lives
- (For persons convicted of family-violence misdemeanor under §22.01, similar restrictions apply for 5 years after release; see §46.04(b))
Penalty
Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34). For prior FV-misdemeanor convictions under §46.04(b): Class A misdemeanor.
Enhancements
Second-degree felony if prior felony was an offense involving force or violence and actor possessed firearm in furtherance of new felony (rare; may be charged as separate offense). Federal felon-in-possession charges under 18 U.S.C. §922(g) frequently apply concurrently.