When Is Possession of a Firearm Illegal in Texas?

Firearm InfractionWhat are the laws regarding possession of a firearm in Texas? Texas has some of the laxest gun laws in the country. However, it is still possible to get busted for illegal possession of a firearm.

  • If you are a convicted felon, you are not allowed to possess a firearm within five years of the date of your release from confinement or from community supervision after a conviction
  • If you have previously been convicted of a Class A misdemeanor for violence against a family or household member, you cannot possess a firearm legally within five years of the date of release from confinement or from community supervision following a conviction
  • If you are the subject of a protective or restraining order, either through criminal or family law proceedings, you are not allowed to possess a firearm while the order remains in place.

If you are accused of unlawful possession of a firearm in Texas, prosecutors must prove that you intentionally or voluntarily were in possession of the weapon for any charges to stick. But, even if you never actually hold the gun in your hand, you can still be charged if evidence supports intent or volition.

Defense against unlawful possession of a firearm may include evidence that proves you did not intentionally or knowingly have a gun in your possession, that you reasonably believed your act was not a violation or the law or even that your possession of the firearm was due to a reasonable belief that you were in imminent danger of serious bodily harm.

If you have been charged with gun crimes in Texas, our law firm is prepared to represent you at trial.



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