There are many symbols that individuals instantly associate with Texas, and one is that Texans love owning guns. Unfortunately, if you have been convicted of a felony, you have lost many of your rights, and owning or possessing a firearm is one of them.
For those who have been convicted of a felony, you should understand that this does not necessarily mean that you will never be able to legally own or possess a firearm again. Certain options may be available to you after a certain period of time that allows you to have your rights restored.
If you are a convicted felon and would like to learn more about how you can have your rights restored, contact our law office, and ask to schedule a free consultation.
Is Possession of a Firearm by a Convicted Felon a Criminal Charge in Texas?
If you are a convicted felon and caught in possession of a firearm in Texas, you can be charged with a third-degree felony offense. The charge, known as unlawful possession of a firearm, is serious and can lead to jail time.
To be convicted of unlawful possession of a firearm by a convicted felon, the prosecution must prove the following elements:
- The defendant was in possession of a firearm after being convicted of a felony but before the fifth anniversary of their release from prison, parole, or supervised probation, or
- The firearm was located with the defendant other than at the residence where they live.
Can a Convicted Felon Ever be Allowed to Own or Possess a Firearm?
There are circumstances in which a convicted felon is allowed to possess a firearm. For example, Texas law allows convicted felons to possess a firearm in the residence where they live for self-protection after a period of five years have passed since the date they fulfilled their sentence.
There is also the option of having your rights restored. To do so, you will have to seek a full pardon from the governor of Texas. The legal process to obtain a full pardon can be complicated to navigate on your own. However, our criminal defense attorneys can explain the process to you and answer any questions you may have.
What are the Penalties for a Convicted Felon in Possession of a Firearm?
If you are caught in possession of a firearm and not at your residence or have not had your rights restored, you most likely will be charged with a Class A misdemeanor. This offense is punishable by up to a year in jail and a fine of up to $4,000. However, depending on the circumstances, you could potentially be charged with a third-degree felony and face up to 10 years in prison.
How Can an Attorney Help Me Legally Own a Gun?
If you would like to own a gun legally, you have the option of only having the gun in your residence for self-protection or fully restoring your rights. The Greening Law Group of College Station, TX, can assist you with the necessary paperwork and represent you when the state hears your case.