A prior felony conviction changes a lot. It follows you into job applications, housing decisions, and yes, your right to own or carry a firearm. In Texas, being caught with a gun as a convicted felon is a serious criminal offense that carries significant consequences. If you or someone you love is facing this charge in Plano or anywhere in Collin County, understanding exactly what the law says and what penalties are on the table matters enormously.
What Texas Law Says About Felons and Firearms
Under Texas Penal Code § 46.04, a person convicted of a felony may not possess a firearm for five years after release from confinement or supervision.
Texas Penal Code § 46.04 makes it a criminal offense for a felon to possess a firearm. The law applies to anyone who has been convicted of a felony under Texas law or the laws of another state or federal jurisdiction. The restriction does not simply disappear after release from prison. Under § 46.04(a), a person convicted of a felony may not possess a firearm before the fifth anniversary of their release from confinement or supervision, whichever is later.
After that five-year window, Texas law does create a narrow exception. A felon may possess a firearm on the premises where they live, but that’s it. They cannot carry one in public or anywhere outside their home, though the law’s restriction is specifically tied to possession at their residence rather than a blanket rule covering every vehicle situation. Federal law, under 18 U.S.C. § 922(g), generally imposes a lifetime prohibition, meaning federal prosecution remains a real risk regardless of how much time has passed, subject to narrow statutory definitions and exceptions for things like antique firearms.
What Are the Penalties If You’re Charged?
Unlawful possession of a firearm by a felon in Texas is a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000.
Under Texas law, unlawful possession of a firearm by a felon is classified as a third-degree felony. That means if convicted, a person faces:
- Two to ten years in a Texas Department of Criminal Justice facility
- A fine of up to $10,000
- A new felony conviction was added to their record, which compounds future consequences.
That new felony conviction does not exist in a vacuum. It can affect probation or parole status from a prior sentence, trigger revocation proceedings, and make future charges even more serious. For someone already on supervised release, this charge can mean being sent back to serve the remainder of a previous sentence on top of any new penalty.
Federal Charges Can Stack on Top
Federal law independently prohibits felons from possessing firearms, and a conviction under 18 U.S.C. § 922(g) can carry up to 10 years in prison, or a 15-year mandatory minimum if the Armed Career Criminal Act applies.
One of the most serious risks people overlook is the possibility of federal prosecution. Under 18 U.S.C. § 922(g)(1), it is unlawful for any person convicted of a crime punishable by imprisonment for a term exceeding one year to possess a firearm or ammunition. This is a federal lifetime prohibition.
A conviction under the ordinary federal statute can result in up to 10 years in federal prison. Under the Armed Career Criminal Act (18 U.S.C. § 924(e)), if a person has three or more prior violent felony or serious drug offense convictions, the mandatory minimum jumps to 15 years with no possibility of parole. Federal sentences are typically served without the same early release opportunities available in state cases.
State and federal charges can both be filed for the same incident. Under the separate-sovereigns doctrine, this does not constitute double jeopardy, as the state of Texas and the federal government are independent sovereigns that can each pursue prosecution.
Common Scenarios That Lead to This Charge in Plano
Collin County prosecutors and law enforcement take firearm charges seriously. These cases often arise from:
- Traffic stops where a firearm is found in the vehicle.
- Domestic disturbance calls where police discover a weapon on the premises
- Arrest on an unrelated charge, where a firearm is discovered during a search
- Routine probation or parole checks at a residence
In each of these situations, the firearm need not be loaded or even functional for the charge to apply; note that “registered” is inaccurate here, as Texas does not have a general firearm registration system. Constructive possession is enough under Texas law, meaning the person had knowledge, access, and control over the firearm, though proximity alone does not automatically prove possession.
Can the Charge Be Challenged?
Yes. A charge is not a conviction. Several legal defenses may apply depending on the facts of your specific case. These can include challenging whether law enforcement had lawful authority to conduct the search, whether the firearm was actually in your possession or control, whether the prior conviction qualifies under the statute, and whether proper procedures were followed during arrest and evidence collection.
Wilder Law Firm takes every charge seriously because we understand that a second felony conviction can alter the course of a life. Our team is driven by results, and when you bring us your case, success means actually getting you somewhere, not just going through the motions.
Facing This Charge? Talk to Wilder Law Firm.
This is not a charge to face alone or handle without the right support behind you. At Wilder Law Firm, we are a smaller, independent firm with one clear focus: defending the people who walk through our door with real determination. We do not measure success by volume. We measure it by what actually happens for you.
If you or a family member is facing an unlawful possession of a firearm charge in Plano or the surrounding Collin County area, contact us today or call 214-949-4687 to speak with our team. The sooner we get involved, the more options we may be able to put on the table.
