What is the Unlawful Possession of a Firearm in Texas?
What does it mean to possess a firearm unlawfully in Texas, and how can you defend against these allegations? The Texas Penal Code has a specific offense defined as “unlawful possession of a firearm” under 46.04, which is typically charged as a felony offense. Yet it is important to know that there are other offenses in the Texas Penal Code that concern the possession of a firearm, including misdemeanor offenses for possessing a handgun in certain places, or possessing a firearm as a minor. Our Texas firearms defense lawyers can tell you more about the specific charges a person can face related to the possession or carry of a firearm in Texas. If you are facing any of these charges, it is essential to seek legal advice about your defense, and our firm can help.
Unlawful Possession of a Firearm
An average of one gun is purchased each year for every 14 adults in the state, according to the Texas Tribune, totaling more than 1.6 million gun purchases annually. While data suggests that gun ownership in Texas has been declining recently, it remains high in relation to other states. Currently, more than one-third of all Texas adults live in a household with a firearm. When it is unlawful to possess a firearm?
Generally speaking, under Texas Penal Code Section 46.04, a person can be charged with this offense if they have a previous felony or misdemeanor conviction that prohibits them from having a firearm. Domestic violence-related offenses are common convictions that prohibit a person from possessing a firearm, even if the original conviction was only a misdemeanor offense. Felony convictions also prohibit gun ownership. If you are charged with unlawful possession of a firearm under this section, you will likely be facing third-degree felony charges.
Unlawful Carry of a Firearm in Public
Under Section 46.035 of the Texas Penal Code, a person can face charges for “unlawful carrying of handgun by license holder” if the person is alleged to have carried a handgun on or about their person and “intentionally displays the handgun in plain view of another person in a public place.” This offense will not be charged if the handgun was in a holster.
It is also unlawful to carry a firearm on school properties and in other particular places, even if you are otherwise allowed to possess a firearm.
Minor in Possession of a Firearm
It is also unlawful for a person under the age of 18 to possess a firearm. A juvenile in possession of a firearm can face criminal charges. In addition, an adult who gives a minor a firearm can face misdemeanor charges, and those charges can become significantly more serious if the minor discharges the weapon and causes physical harm to another person.
Contact a Texas Firearms Defense Lawyer Today for Assistance
Have you been charged with a firearm offense in Texas? It is critical to have an experienced Texas firearms defense attorney at John Reed, Attorney at Law on your side. Although gun ownership is common in Texas, firearm charges need to be taken extremely seriously. As we discussed above, many firearm offenses are charged as felonies, and even misdemeanor convictions can result in jail time. To find out more about building a strong defense and avoiding a conviction, contact our firm today.
Sources:
statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm
texastribune.org/2022/07/28/texas-gun-stats/
