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When Can a Person Be Charged with Unlawfully Possessing a Firearm in Texas?

Posted on in Criminal Defense

TX defense lawyerTexas is known for having some of the most lenient gun laws in the country. However, there are still a number of rules and regulations regarding the possession, use, sale, and transport of firearms. If you violate Texas firearm laws, you could face criminal charges and jail time. This is why it is essential for every Texan to know the law regarding unlawful possession of a firearm.

Who Is Prohibited from Owning a Firearm in Texas?

Certain people are prohibited from owning a gun by federal law, including people who are:

  • Convicted of a felony crime
  • Subject to a restraining order
  • Convicted of certain domestic violence offenses
  • Addicted to illicit substances
  • Fugitives from justice
  • Deemed “mentally defective” or have been committed to a mental institution
  • Illegal immigrants or individuals who entered the U.S. under a nonimmigrant visa
  • Dishonorably discharged from the military

In addition to these federal restrictions, Texas state law prohibits people who are convicted of family violence assault or individuals subject to a family violence protective order from possessing a firearm.

Exceptions to the Laws Prohibiting Possession of a Firearm

Texans are subject to federal and state gun laws. However, Texas allows for certain exceptions to these laws. If you were convicted of a felony criminal offense, you may regain your right to possess a firearm if five years have passed since you were released from jail, parole, or probation. If you were convicted of a family violence offense, you may regain your right to possess a firearm if five years have passed since you got out of jail or your probation ended. However, you may only possess the firearm in your own home. You cannot possess the firearm on any other private or public property.

Penalties for Illegal Possession of a Firearm

If you violate firearm possession laws, you could be arrested and charged with unlawful possession of a firearm. This is a Class A misdemeanor offense punishable by up to a year in jail and fines of $4,000. In addition to imprisonment, a conviction for illegal possession of a firearm can have dramatic personal and professional implications. If you have been charged with unlawful possession of a firearm, speak to a criminal defense lawyer to discuss your legal options. Your lawyer can help you defend yourself against these charges.

Contact a McKinney Firearm Offense Defense Lawyer

Certain individuals are prohibited from possessing firearms in Texas. If you or a loved one were charged with a gun-related offense, contact a Frisco criminal defense lawyer from the Law Offices of Biederman & Burleson P.L.L.C. for help. Call 469-333-3333 for a free, confidential consultation.

 

Source:

https://www.atf.gov/firearms/identify-prohibited-persons

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