A charge for unlawful possession of a firearm in Texas can lead to jail or prison time, depending on the circumstances and your prior record. Knowing what qualifies as illegal possession and what to do immediately after an arrest can make a critical difference in protecting your rights and your future.
Firearms charges in Texas should be taken seriously. Even if you didn’t intend to break the law or believe you had a right to possess the weapon, the situation can have a negative long-term impact on your life.
Knowing what actually matters after a charge can make the difference between a manageable outcome and long-term consequences.
What “Unlawful Possession of a Firearm” Means in Texas
Under Texas Penal Code § 46.04, “unlawful possession of a firearm” often refers to circumstances where a person is legally prohibited from having a gun. This includes convicted felons possessing a firearm before a specific period has passed after release from confinement or supervision.
(link to: https://txpenalcode.com/sec-46-04/)
Texas law also restricts firearm possession by individuals with certain convictions involving family violence or those under unexpired protective orders.
Unlawful possession doesn’t require proof of intent to use the firearm; actual or constructive possession (meaning the gun was under your control, even if not on your body) can be enough for a charge.
Committing a Crime While Legally Carrying a Firearm
Doing something legal while doing something illegal can worsen the penalties you face for the illegal action and call into question your right to do the legal action.
What does this mean?
If you’re legally carrying a firearm when you commit a crime, it can trigger an additional “unlawful carrying of a weapon” charge.
This is especially true if the arrest involves intoxication, controlled substances, prohibited locations (e.g., schools, airports), or if the person is a convicted felon.
While constitutional carry allows for some freedom, possessing a gun during a crime, such as DWI or drug offense, can enhance charges to a Class A misdemeanor or felony.
Why These Charges Are Serious
Firearm possession offenses in Texas are not treated lightly:
- Class A Misdemeanor: In some unlawful possession scenarios, especially involving certain misdemeanor convictions or restricted locations, charges can be prosecuted as a Class A misdemeanor. This type of crime is punishable by up to one year in county jail and a fine of up to $4,000.
- Third-Degree Felony: In many unlawful possession cases, especially where the person is prohibited from possessing a firearm under Penal Code § 46.04 (e.g., felons within five years of release), the offense is a third-degree felony, carrying 2 to 10 years in prison and fines up to $10,000.
If federal firearm laws apply, penalties can be even more severe.
Immediate Steps to Take After a Firearm Charge
1. Stay Calm and Quiet
Do not discuss the facts of your case with law enforcement without an attorney present. What you say can be used against you, even if you think you’re just explaining a misunderstanding.
2. Find Legal Representation
An experienced criminal defense attorney who understands firearm charges in Texas can assess your case, explain the specific statute you’re charged under, and develop a defense strategy tailored to your situation.
3. Understand the Charge and How Your Past Plays a Role
You and your attorney will discuss any past criminal activity, which will affect your current situation. If any prior convictions make firearm possession illegal, that history will shape both your defense and your potential penalties.
4. Document the Circumstances
Tell your attorney if you didn’t know the firearm was in your possession, or if it belonged to someone else and you had no reasonable control over it. The specific circumstances have an impact on your case and affect your defense strategy.
5. Take Privacy Seriously
Stay quiet about your situation. As tempting as it might be to vent or share your situation, it won’t do you any good. Not only should you avoid talking about your situation in person, but you should also avoid posting about it on social media. Although it might feel good to get sympathy from friends and family during this difficult time, you could be complicating your situation.
Possible Legal Defenses
Depending on the facts, potential defenses may include:
- Lack of knowledge: You genuinely did not know the firearm was in your possession.
- No constructive possession: The firearm was not under your control.
- Rights confusion: Misunderstandings about legal eligibility for firearm possession, but these require careful attorney guidance.
Firearm laws are complex. They involve both state and federal statutes working side by side. Only a qualified attorney can advise whether a defense applies to your specific case.
What to Expect Next
After arrest, you will typically appear before a magistrate judge who will set bail or release conditions. Your attorney will then begin pre-trial work, which may include negotiating with prosecutors, filing pre-trial motions to dismiss or reduce charges, and preparing for trial if necessary.
Unlawful possession of a firearm in Texas carries real consequences. Penalties include jail or prison time, fines, and lasting effects on your record. The specifics of your charge, your criminal history, and how the firearm was found all matter legally. Your next steps matter too: exercise your rights, hire an attorney right away, and avoid making statements that could harm your case.
A firearm charge can change your life quickly. Early legal action can change the outcome.
Were you charged with unlawful possession of a firearm in Texas? Contact Tyler Brock Law to speak directly with an experienced criminal defense attorney. The sooner you get legal guidance, the more options you may have to protect your rights, your freedom, and your future.
