Vehicle carry is allowed without a license if the firearm is not in plain sight. Sec. 1, eff. Sept. 1, 1995. (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited. 1001 (H.B. Article 17.292 or Chapter 7A, Code of Criminal Procedure, Read this complete Texas Penal Code § 46.04. 1188), Sec. 1, eff. According to Texas Penal Code 12.21, unlawful possession of a firearm charge typically triggers a Class A misdemeanor, which carries a prison sentence up to one year and/or a fine that cannot exceed $4,000. September 1, 2017. If it’s alleged that you have, you can be charged with unlawful possession of a firearm by a felon. 1221, Sec. 342, Sec. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 4, eff. (h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9. It is important to know the law with regard to when and if an individual can possess or own a firearm if they have been convicted of a felony in Texas. Acts 2015, 84th Leg., R.S., Ch. At The Law Office of Matthew D. Sharp we can assist persons who are charged with criminal possession of weapons including handguns or knives, possession with intent to unlawfully use a weapon, aggravated discharge, criminal sale, or any other weapons violation. 15.003, eff. Jan. 1, 1974. 1969), Sec. Acts 2007, 80th Leg., R.S., Ch. 1193, Sec. An offense under Subsection (b) or (c) is a Class A misdemeanor. 1.01, eff. 1, eff. In addition to these punishments, a person who is convicted of a firearms charge in Texas may also be ordered to relinquish their rights to own or possess firearms. (3) is punishable by confinement for one year or more in a penitentiary. (10) a person who is volunteer emergency services personnel if the person is: (A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and. Acts 2007, 80th Leg., R.S., Ch. This is generally a Class A misdemeanor in Texas although as explained below, it can become a third degree felony under certain circumstances. 687 (H.B. 2300), Sec. 1488), Sec. 17, eff. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun. September 1, 2009. 1488), Sec. Under Texas Penal Code §§ 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. As a … 1146 (H.B. January 1, 2016. 535), Sec. 728 (H.B. (a) In this section: (1) "Child" means a person younger than 17 years of age. (C) a member of a criminal street gang, as defined by Section 71.01. 399, Sec. (3) is punishable by confinement for one year or more in a penitentiary. 46.035. 15.002, eff. (l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06. (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. Article 17.292 PENAL CODE. 46.10. The term does not include a temporary protective order issued before the court holds a hearing on the matter. 1, eff. 467 (H.B. 15.002, eff. It is considered a third-degree felony, which can land you up to 10 years in prison and a $10,000 fine. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 1049 (H.B. (3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. September 1, 2017. Renumbered from Penal Code Sec. Acts 2013, 83rd Leg., R.S., Ch. 2300), Sec. Renumbered from Penal Code Sec. 1080 (H.B. Possession of a Firearm by a Convicted Felon Charges in Texas. 1, eff. 910), Sec. (1) (a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter. 62, Sec. FCC Again Rejects Net Neutrality Even as Controversy Reignites. 1, eff. 2, eff. 13, eff. 790, Sec. (2) "School" means a private or public elementary or secondary school. It is unlawful to display a firearm in a public place in a manner calculated to alarm. 1.01, eff. Renumbered from Penal Code Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 46.05 and amended by Acts 1993, 73rd Leg., ch. 1261, Sec. Acts 2013, 83rd Leg., R.S., Ch. Unlawful Possession of Firearm Texas Penal code 46.04 makes it illegal to possess a firearm at home or elsewhere within five years of release from felony community supervision, felony parole or felony confinement. 421, Sec. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or. (4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm. 714, Sec. 535), Sec. There is also a conviction for unlawful possession of a firearm that results in a third-degree felony. (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor. (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; or. This is a third degree felony with punishment of … 2, eff. (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. 1, eff. 1214 (H.B. 1, eff. (2) at the actor's residence or place of employment. Acts 2007, 80th Leg., R.S., Ch. 1552), Sec. 437 (H.B. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. CHAPTER 31. 318, Sec. September 1, 2007. 446), Sec. So if you’re charged with unlawful possession or if you’ve been charged with a felony, please don’t hesitate to contact us. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 4, eff. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 21.001(40), eff. September 1, 2005. Unlawful gun possession is a serious charge, one that comes with a severe punishment. 46.04. 71, eff. To be convicted as a felon in the unlawful possession of a firearm, the State must prove only that 1) a person, 2) who has been convicted of a felony, 3) possessed a firearm, 4) after conviction and before the fifth anniversary of the person’s release from prison or parole or other community supervision. 4170), Sec. Texans often take this right for granted and can potentially be faced with serious fines or even imprisonment for a violation of this law. 1, eff. Under Texas Penal Code §§ 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. Acts 2017, 85th Leg., R.S., Ch. 693, Sec. 229, Sec. 324 (S.B. 4173), Sec. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. 10, eff. Acts 2005, 79th Leg., Ch. Internet Explorer 11 is no longer supported. UNLAWFUL POSSESSION OF FIREARM. 900, Sec. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. Acts 2013, 83rd Leg., R.S., Ch. 1576), Sec. Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 1416), Sec. (h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was: (1) an active judicial officer, as defined by Section 411.201, Government Code; or. 438 (S.B. Sept. 1, 1999. (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and, (7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or. (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. (f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense: (1) is designated by a law of this state as a felony; (2) contains all the elements of an offense designated by a law of this state as a felony;  or. 1, eff. September 28, 2011. Sept. 1, 1997. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. Texas Weapons and Firearm Laws – Visit the official website for the Texas Penal Code. 2018), Sec. Sec. 19.004, eff. 72 (S.B. (18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or. Jan. 1, 1974. Acts 2017, 85th Leg., R.S., Ch. September 1, 2015. Sept. 1, 1994. Sec. 4, eff. Acts 2017, 85th Leg., R.S., Ch. (h-1) It is a defense to prosecution under Subsections (b)(1), (2), (4), and (5) and (c) that at the time of the commission of the offense, the actor was: (1) a judge or justice of a federal court; (2) an active judicial officer, as defined by Section 411.201, Government Code; or. 728 (H.B. 1, eff. (d) An offense under Subsection (a-4) is a Class C misdemeanor. This is a third degree felony with punishment of … Section 922(b)(3)(A). Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1049 (H.B. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). 10.02, eff. 10.04, eff. 399, Sec. 3, eff. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. THEFT. Amended by Acts 1975, 64th Leg., p. 917, ch. 1.01, eff. Gain access to Chapter 46, and learn more about weapons and firearm offenses in Texas. 1278 (H.B. 5.01(a)(46), eff. 1143 (H.B. 457, Sec. 435), Sec. 900, Sec. September 1, 2013. 299), Sec. Acts 2019, 86th Leg., R.S., Ch. 1813), Sec. (k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code. Sept. 1, 1994. 1815), Sec. 49, eff. 342, Sec. 1, eff. 34 (S.B. 931, Sec. 46.08. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. Unlawful Possession of Firearm . Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. (g) Except as provided by Subsection (g-1), an offense under this section is a felony of the third degree. (e) An offense under Subsection (a) is a felony of the third degree. 15.02(f), eff. An offense under Subsection (a)(5) is a state jail felony. 1221, Sec. 3, eff. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. September 1, 2007. Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas Section 46.04 of the Texas Penal Code specifically states that a person who has been convicted of any felony cannot lawfully possess a firearm until the fifth anniversary of the person’s release from confinement or community supervision (probation), whichever is later. Acts 2019, 86th Leg., R.S., Ch. (3) the attorney general or a United States attorney, assistant United States attorney, assistant attorney general, district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney. 437 (H.B. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. Amended by Acts 1999, 76th Leg., ch. June 20, 2003. 12, eff. 1815), Sec. Posted on May 10, 2018 11:04am PDT . 2730), Sec. 91 (S.B. (3) "Premises" means a building or a portion of a building. Sept. 1, 1994; Acts 1999, 76th Leg., ch. Sept. 1, 2001. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1420, Sec. September 1, 2019. Acts 2013, 83rd Leg., R.S., Ch. 452, Sec. 1049 (H.B. Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. September 1, 2019. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 165, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. September 1, 2017. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. (2) a bailiff designated by the active judicial officer and engaged in escorting the officer. June 15, 2007. 216 (H.B. 435), Sec. June 20, 1997; Acts 1997, 75th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. If you carry a firearm with you despite a court order prohibiting you from doing so 2.60, eff. (e) Section 46.02(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony. (g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree. (4) occurred during a time when the actor was engaged in an agricultural enterprise. , or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. Unlawful Possession of Firearm . June 19, 2009. 46.02. 216 (H.B. Acts 2015, 84th Leg., R.S., Ch. 48, eff. (d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 14, eff. 25, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 4456), Sec. (B) engaged in escorting the judicial officer; (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code; or. 1, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 4, eff. 1060, Sec. (i) Subsections (b)(4), (b)(5), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07. UNLAWFUL POSSESSION OF FIREARM. Section 6.504 324 (S.B. 3 (H.B. 1, eff. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. Do I Need an Attorney to Help Me with My Case? (b) A person who has been convicted of an offense under 8, eff. Sec. 13.02, eff. (e) An offense under Subsection (a) is a felony of the third degree. 1, eff. 168, Sec. 262, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (c) A person, other than a peace officer, as defined by It is important to note that having an LTC does not explicitly authorize you to possess a firearm. 167, Sec. May 30, 2009. (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. It is unlawful to possess, manufacture, transport, repair or sell a machine gun, explosive weapon, short-barreled firearm, or silencer. 900, Sec. 93 (S.B. 1, eff. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (6) a firearm silencer, unless the firearm silencer is classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law; or. Amended by Acts 1983, 68th Leg., p. 2962, ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 153 (S.B. June 15, 2007. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. 920 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Added by Acts 1983, 68th Leg., p. 4832, ch. September 1, 2013. (d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code. Sept. 1, 1987. Sept. 1, 2003. 2225), Sec. (a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. Unlawful Possession of a Firearm or (“ UPF “) in Texas is a gun crime that applies to people who have been convicted of a felony, convicted of a family violence assault or under a family violence-type protective order. August 1, 2016. Acts 2009, 81st Leg., R.S., Ch. 318, Sec. Unlawful Possession of Firearms occurs when a person possesses a firearm a certain amount of time after a criminal conviction. Convicted Felons are allowed to buy a firearm five years after their sentence completion date (release from prison or parole). Acts 2015, 84th Leg., R.S., Ch. 229, Sec. Acts 2017, 85th Leg., R.S., Ch. (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. (a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person: (1) on the premises of an institution of higher education or private or independent institution of higher education; or. 4, eff. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder. 4, eff. (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. (g) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty. Amended by Acts 1975, 64th Leg., p. 918, ch. (2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun. 910), Sec. Acts 2017, 85th Leg., R.S., Ch. NOTE: The State law allowing convicted felons to possess firearms at their residence after 5 years from release from prison or probation conflicts with Federal Law. (j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission. 976 (H.B. (j) The provisions of Section 46.02 prohibiting the carrying of a handgun do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. 1302 (H.B. May 30, 1995; Acts 1995, 74th Leg., ch. 5.01(a)(47), eff. January 1, 2016. 324 (S.B. September 1, 2007. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and, (A) on the person's own premises or premises under the person's control; or. Citizens of Texas have the right to bear arms and protect themselves. 320, Sec. 749, Sec. 1935), Sec. 23.001(78), eff. Sept. 1, 1995. 1, eff. Sec. Unlawful possession of a firearm, in Texas is found in Chapter 46 in the Texas Penal Code. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. (g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). Find more information on unlawful possession of a firearm, unlawful transfer of weapons, and what weapons are considered prohibited in the state of Texas. Unlawful possession of a firearm, in Texas is found in Chapter 46 in the Texas Penal Code. 2, eff. 1445, Sec. 31.01. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 20.002, eff. (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device. September 1, 2011. Added by Acts 2001, 77th Leg., ch. Violating these conditions of probation by owning or possessing a firearm may lead to an immediate revocation of probation. After the five year period, a convicted … (2) does not contain all the elements of any offense designated by a law of this state as a felony. Added by Acts 1983, 68th Leg., p. 4831, ch. (b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree. (2) "Amusement park" and "premises" have the meanings assigned by Section 46.035. 578), Sec. Acts 2005, 79th Leg., Ch. September 1, 2019. (B) reentering that area following the person's evacuation; (2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and. Sept. 1, 1995; Acts 1995, 74th Leg., ch. While Texas law has expansive laws concerning the ability to carry firearms, there are various circumstances in which carrying a firearm is illegal. MAPS AS EVIDENCE OF LOCATION OR AREA. Unlawful possession of a firearm by a felon or “UPF” occurs when a person who has committed a felony or an assault-family violence offense in the last five years possesses a firearm. 1304, Sec. September 1, 2019. 13, eff. Amended by Acts 1997, 75th Leg., ch. 2, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 2001. 2110), Sec. January 1, 2021. Added by Acts 1995, 74th Leg., ch. 49, Sec. This Texas law prohibits those people, described in … (e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code. There are a number of instances where you can face prosecution in Texas for unlawful possession of a firearm: As a convicted felon—Pursuant to Section 46.04 (a) of the Texas Penal Code, a person convicted of a felony may not possess a firearm for a period of five years after conviction. September 1, 2011. May 18, 2013. Sept. 1, 1994. 976 (H.B. (A) on the person's own premises or premises under the person's control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; or. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. 2.79; Acts 1991, 72nd Leg., ch. 12A.001, eff. September 1, 2009. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 342, Sec. There are a few surefire defense strategies designed to help persons charged with Unlawful Possession of a Firearm in our arsenal which Emily Detoto will employ should they apply to your circumstances. Our homes and properties, and use of firearms and ammunition in the Texas Penal Code Sec holder! Against public HEALTH, Safety, and most importantly, our families `` Intoxicated unlawful possession of a firearm texas means a person of... Defines firearms and ammunition in the country trailer, truck camper, motor home, and MORALS 1981. 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