435), Sec. 1, eff. Redesignated from Penal Code Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. (d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. September 1, 2019. 11.24, eff. 46.07. Sec. 216 (H.B. A convicted felon, who is found in possession of a firearm before the completion of five years from … 1060, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 2, eff. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. Acts 2005, 79th Leg., Ch. 921 (H.B. (g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). (8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is: (A) on the immediate premises where the activity is conducted; or. 3, eff. COMPONENTS OF EXPLOSIVES. 2300), Sec. 46.04. 2300), Sec. September 1, 2019. NOTE: The State law allowing convicted felons to possess firearms at their residence after 5 years from release from prison or probation conflicts with Federal Law. Acts 2019, 86th Leg., R.S., Ch. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. 12, eff. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2005. 4173), Sec. Acts 2015, 84th Leg., R.S., Ch. 3, eff. 535), Sec. 1304, Sec. 520 (S.B. (c) It is an affirmative defense to prosecution under this section that the child's access to the firearm: (1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes; (2) consisted of lawful defense by the child of people or property; (3) was gained by entering property in violation of this code; or. September 1, 2007. Here's a rundown of Texas' gun laws. Sept. 1, 1994. September 28, 2011. September 1, 2013. Sept. 1, 1997. 28, eff. (1) (a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. Texas has some of the most lenient firearm laws in the country. 3, eff. 31.01. 25), Sec. 19.004, eff. Unlawful Possession of a Firearm. Sept. 1, 1987. CONTACT US TODAY AT 512-457-5200. 46.08. After the five year period, a convicted … Amended by Acts 1975, 64th Leg., p. 109, ch. Added by Acts 2001, 77th Leg., ch. Sept. 1, 1985. (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or. September 1, 2009. 1815), Sec. Sept. 1, 1999. Sec. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a location-restricted knife: (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a location-restricted knife is used in the event; (3) on the premises of a correctional facility; (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate; (5) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration; (7) on the premises of a church, synagogue, or other established place of religious worship. INTERSTATE PURCHASE. Sec. 5, eff. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. What Is the Punishment for Unlawful Possession of a Firearm in Texas? Sec. Acts 2009, 81st Leg., R.S., Ch. 45, eff. 324 (S.B. September 1, 2019. 1935), Sec. Under Texas Penal Code 31.03 (e) (4), theft of a firearm or possession of a stolen firearm is punishable as a State Jail Felony; the relevant Texas Penal code provision is the Theft statute. 679 (H.B. You’ll need an attorney. Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. Acts 2015, 84th Leg., R.S., Ch. Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas Section 46.04 of the Texas Penal Code specifically states that a person who has been convicted of any felony cannot lawfully possess a firearm until the fifth anniversary of the person’s release from confinement or community supervision (probation), whichever is later. 1.01, eff. 1815), Sec. (l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and (a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and (b)(6) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. 216 (H.B. 15, eff. UNLAWFUL POSSESSION OF FIREARM. 1, eff. In some cases, unlawful possession of a firearm is considered a felony of the third degree. Under Texas Penal Code §§ 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). 16, eff. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. Sec. 62, Sec. 15.003, eff. 446), Sec. 1049 (H.B. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (2) for profit or any other form of remuneration. Section 22.01 1, 2 eff. Amended by Acts 1997, 75th Leg., ch. Renumbered from Penal Code Sec. This charge carries a fine of up to $4000 and one year in jail. 2584), Sec. 15.02(g), eff. Acts 2013, 83rd Leg., R.S., Ch. Sec. Texas culture may give high regard to an individual’s right to own a gun, but all good things have limits that have to be respected. Acts 2007, 80th Leg., R.S., Ch. 21, eff. 1049 (H.B. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. (16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. September 1, 2005. 48, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 2, eff. 1178, Sec. In some cases, unlawful possession of a firearm is considered a felony of the third degree. 46.11. (a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. Sec. We recommend using When You May Be Charged with Unlawful Possession of a Firearm. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. 552, Sec. 13.02, eff. 446), Sec. Microsoft Edge. September 1, 2017. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. 3, eff. 823), Sec. (g) Except as provided by Subsection (g-1), an offense under this section is a felony of the third degree. Sec. 554, Sec. 437 (H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sec. 280 (S.B. 4, eff. 1222 (H.B. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1994. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. 2, eff. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2011. 1001 (H.B. Amended by Acts 1987, 70th Leg., ch. or Chapter 85, Family Code, under Amended by Acts 1997, 75th Leg., ch. (a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person: (1) on the premises of an institution of higher education or private or independent institution of higher education; or. (d) The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty. (e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area. OFFENSES AGAINST PROPERTY. 1889), Sec. 4B.22, eff. (2) possesses or conceals a deadly weapon in the penal institution. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;  or. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. (10) a person who is volunteer emergency services personnel if the person is: (A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and. A person convicted of Unlawful Possession of a Firearm by a Felon can and likely will face a 3rd degree felony charge and possibly up to 10 years in the Texas Penitentiary and up to a $10,000 fine. 1, eff. 325, Sec. 1, eff. 435), Sec. Acts 2005, 79th Leg., Ch. 1049 (H.B. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. January 1, 2016. (e) An offense under Subsection (a) is a felony of the third degree. Acts 2017, 85th Leg., R.S., Ch. (g) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty. 913), Sec. (d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 15, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (B) authorized to carry a weapon under Section 76.0051, Government Code; (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5) an honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. (4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either: (A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or. 46.04 and amended by Acts 1993, 73rd Leg., ch. 976 (H.B. 4, eff. 1, eff. Sec. (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. Sept. 1, 1995. 31.03. 1576), Sec. Today, we will take a look at the charge of unlawful possession of a firearm in Texas so you know whether or not you are allowed to have a gun or other firearm. 693 (H.B. To be convicted as a felon in the unlawful possession of a firearm, the State must prove only that 1) a person, 2) who has been convicted of a felony, 3) possessed a firearm, 4) after conviction and before the fifth anniversary of the person’s release from prison or parole or other community supervision. Unlawful possession of a firearm is generally punishable as a Class A misdemeanor in Texas, carrying a potential sentence of up to one year in jail or fines up to $4,000. September 1, 2017. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. 229, Sec. Acts 2009, 81st Leg., R.S., Ch. (b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree. (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device. Acts 2019, 86th Leg., R.S., Ch. In Texas, unlawful possession of a firearm will usually be considered a Class A misdemeanor. 342, Sec. September 1, 2009. 693 (H.B. (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (2) left the firearm in a place to which the person knew or should have known the child would gain access. There are a few surefire defense strategies designed to help persons charged with Unlawful Possession of a Firearm in our arsenal which Emily Detoto will employ should they apply to your circumstances. In addition to these punishments, a person who is convicted of a firearms charge in Texas may also be ordered to relinquish their rights to own or possess firearms. September 1, 2009. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly: (1) carries on or about his person a deadly weapon; or. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. Gun laws in Texas regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Texas.. Conviction carries a presumptive sentence of … Aug. 29, 1983; Acts 1989, 71st Leg., ch. September 1, 2007. Acts 2017, 85th Leg., R.S., Ch. An offense under Subsection (b) or (c) is a Class A misdemeanor. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. 1, eff. 1969), Sec. Acts 2015, 84th Leg., R.S., Ch. 2, eff. Internet Explorer 11 is no longer supported. September 1, 2017. 273), Sec. 976 (H.B. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 399, Sec. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? Acts 2007, 80th Leg., R.S., Ch. , actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under MAKING A FIREARM ACCESSIBLE TO A CHILD. 1, eff. Added by Acts 1995, 74th Leg., ch. THEFT. 520 (S.B. 2.60, eff. 4, eff. September 1, 2007. 1, eff. Our weapons allow us to protect ourselves, our homes and properties, and most importantly, our families. , punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement following conviction of the misdemeanor;  or. 2. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1.01, eff. 26, eff. September 1, 2017. 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