Under the Texas Penal Code, a firearm possession charge becomes a felony offense if a person is at home, is a convicted felon, and it has been less than five years since they have been released from confinement, community supervision, parole, or mandatory supervision, whichever date is latest. If the convicted felon is at any location other than their primary residence when they are unlawfully in possession of a firearm, felony charges can be filed no matter how long ago they were released from incarceration or supervision. This charge could result in a penalty of up to 10 years in the Texas Penitentiary and up to a $10,000 fine.

The five-year restriction applies also to anyone who was already convicted of a felony or misdemeanor assault involving family violence charge. In this case, however, if there are no previous felonies, possession of a firearm would be charged as a misdemeanor and the penalties could include up to 365 days in jail and a fine of up to $4000.If you or a loved one has been charged with unlawful possession of a firearm in Texas, call the Houston Law Office of Michael H. Pham at 713-236-7791 to get expert legal advice and help in defending yourself against this serious charge.

How does Possession of Firearm by Felon Texas Law Compare to Federal Law?

While Texas allows a convicted felons to have a firearm in their own home (and only possess a firearm in their own home) if at least five years have passed since the convicted felon was released from incarceration and all supervision for their previously convicted crime, this conflicts with Federal firearm rights laws. Under Federal law, a convicted felon cannot be in possession of a firearm anywhere, at any time. Federal firearm rights laws also prohibit anyone convicted of a family violence misdemeanor from unlawful possession of a firearm at any time or in any place. A conviction under Federal firearm rights laws could result in ten years imprisonment and/or a $250,000 fine.

When laws conflict, it can be very confusing to figure out what will happen or how to defend yourself. An experienced criminal defense attorney can sort things out and help you build your best defense against any charges. Attorney Michael H. Pham has the experience and expertise to defend you aggressively against these charges and get the best outcome for your case. Call 713-236-7791 today to get started.

What if I Was Convicted of a Felony in Another State?

Your out-of-state felony conviction must meet the following conditions to keep you from legally possessing a firearm in Texas: the convicted felons must be designated as a felony in Texas state law, contain all the elements of an offense designated by a Texas state law as a felony; or have been punishable by confinement for one year or more in a penitentiary.

Can I Be Prohibited from Possession a Firearm in Texas if I Am Not a Convicted Felon?

Any person who has been adjudicated as mentally defective, who is a fugitive from justice, who is addicted to an illegal substance, who is in the U.S. illegally or without an immigrant visa, or who was dishonorably discharged from the Armed Services cannot legally possess a firearm in Texas.

Contact a criminal defense lawyer and get the help you need to defend yourself from the potential for harsh, life-changing consequences by calling the Law Office of Michael H. Pham today at 713-236-7791.