46.041. 1.01, eff. OFFENSES AGAINST PROPERTY. 167, Sec. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. The license permits the concealed or open carrying of a handgun. , 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 Added by Acts 1995, 74th Leg., ch. 5, eff. CHAPTER 31. (3) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law. Jan. 1, 1974. This section of the Penal Code explains when it is an offense for a person convicted of a felony to possess a firearm. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. September 1, 2013. Unlawful Possession of a Firearm Under Section 46.04 of the Texas Penal Code, Unlawful Possession of a Firearm , a person commits this offense if he or she possess a firearm: After being convicted of a felony, and before the fifth anniversary of the defendant’s release from confinement, mandatory supervision, or supervision under community supervision. Unlawful possession of a firearm in Texas is generally considered a Class A misdemeanor, the punishment for which can be up to a year in jail and a penalty of $4,000. 23, Sec. (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. (f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 1048 (H.B. To contact The Law Office of Emily Detoto send us a message via contact form or call us direct, at 713-227-2244. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. September 1, 2019. 421, Sec. 900, Sec. (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. September 1, 2019. Acts 2009, 81st Leg., R.S., Ch. September 1, 2017. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1214 (H.B. Sept. 1, 1994. (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. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 11), Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. Gain access to Chapter 46, and learn more about weapons and firearm offenses in Texas. Sept. 1, 2003. September 1, 2019. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or. Acts 1973, 63rd Leg., p. 883, ch. 386, Sec. 1143 (H.B. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 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. 1862), Sec. 12A.001, eff. 1815), Sec. This section of the Penal Code explains when it is an offense for a person convicted of a felony to possess a firearm. 446), Sec. 910), Sec. June 20, 1997; Acts 1997, 75th Leg., ch. September 1, 2019. 2.01, eff. 3, eff. (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. Citizens of Texas have the right to bear arms and protect themselves. 1420, Sec. 469 (H.B. 5.01(a)(47), eff. 1278 (H.B. Acts 2019, 86th Leg., R.S., Ch. 399, Sec. (c) A person, other than a peace officer, as defined by 9.25, eff. (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. 1815), Sec. 900, Sec. September 1, 2005. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which: (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or. 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. 25), Sec. 2110), Sec. 2, eff. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. 435), Sec. 229, Sec. Amended by Acts 1987, 70th Leg., ch. Sept. 1, 1991; Renumbered from Penal Code Sec. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 318, Sec. 1, 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. 1, eff. 1234 (H.B. Acts 2017, 85th Leg., R.S., Ch. (a) A license holder commits an offense if the license holder carries a handgun 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 in a public place. 437 (H.B. 1889), Sec. (e) An offense under Subsection (a) is a felony of the third degree. (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 Penal Code §12.21). (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. 900, Sec. (a) In this section: (1) "Child" means a person younger than 17 years of age. 1060, Sec. 1, eff. Unlawful possession of a firearm is when an individual that falls under these restrictions is found in possession of a firearm. 167, Sec. January 1, 2016. DEFINITIONS. Sept. 1, 2003. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. This chapter, "Weapons," discusses criminal offenses related to carrying, buying, and selling firearms. 15.005, eff. (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. 687 (H.B. It is considered a third-degree felony, which can land you up to 10 years in prison and a $10,000 fine. Added by Acts 2009, 81st Leg., R.S., Ch. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. Acts 2009, 81st Leg., R.S., Ch. (5) Unlawful possession of a firearm is a Class A misdemeanor. Amended by Acts 1975, 64th Leg., p. 918, ch. 14.833, eff. 6, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 16.004, eff. 446), Sec. 4, eff. 1576), Sec. September 1, 2019. Sept. 1, 1994. August 1, 2016. 976 (H.B. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Here's a rundown of Texas' gun laws. Sept. 1, 1987; Acts 1987, 70th Leg., ch. (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. To apply for a CHL: Sec. Section 6.504 910), Sec. 2225), Sec. September 1, 2011. 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. 728 (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. 229, Sec. 13, eff. 165, Sec. (16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 2584), Sec. 1552), Sec. 1049 (H.B. 2, eff. Renumbered from Penal Code Sec. This charge carries a fine of up to $4000 and one year in jail. 1, eff. 1093 (H.B. 46.04. Texans often take this right for granted and can potentially be faced with serious fines or even imprisonment for a violation of this law. 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. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 1, eff. (m) It is a defense to prosecution under Subsections (b) and (c) that the actor is volunteer emergency services personnel engaged in providing emergency services. September 1, 2007. September 1, 2005. 2, eff. 1221, Sec. 1222 (H.B. 25, eff. 24, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 318, Sec. Section 922 in Title 18 of the U.S. Code This section of the U.S. Code discusses various unlawful acts related to guns. 1.01, eff. An offense under Subsection (a)(5) is a state jail felony. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2019. 1302 (H.B. 324 (S.B. (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. (b) An offense under this section is a felony of the third degree. Amended by Acts 1997, 75th Leg., 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. 1049 (H.B. Amended by Acts 1983, 68th Leg., p. 2962, ch. 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions. (g) Except as provided by Subsection (g-1), an offense under this section is a felony of the third degree. 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. 8, eff. 920 (S.B. 2, 3, eff. Unlawful Possession of a Firearm. 168, Sec. PENAL CODE. 4, eff. 17, eff. 1043, Sec. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. (19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. 262, Sec. 921 (H.B. 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. Disclaimer: Please do not contact us with questions about whether the way you are currently carrying a weapon or planning on doing so in the future is legal or illegal. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. Acts 2005, 79th Leg., Ch. 342, Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. September 1, 2009. Jan. 1, 1974. 2300), Sec. September 1, 2005. 153 (S.B. 1, eff. 1488), Sec. Sec. 1, eff. Added by Acts 1995, 74th Leg., ch. September 1, 2007. 2730), Sec. HOAX BOMBS. 814 (H.B. 900, Sec. September 1, 2017. or Chapter 85, Family Code, under Internet Explorer 11 is no longer supported. (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 Chapter 7A, 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. (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. 22, eff. Unlawful possession of a firearm is not taken lightly, even in Texas. 5, eff. 1281 (H.B. 1178, Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 318, Sec. 46.08. 1416), Sec. 437 (H.B. 437 (H.B. 1179 (S.B. What Is the Punishment for Unlawful Possession of a Firearm in Texas? (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 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. 1969), Sec. 1935), Sec. September 1, 2017. 1261, Sec. September 1, 2019. Unlawful Carrying and Gun Laws Article. 2, eff. Acts 2005, 79th Leg., Ch. 1035 (H.B. Acts 2017, 85th Leg., R.S., Ch. (2) the date of the person's release from community supervision following conviction of the misdemeanor. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. (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. 229, Sec. 13.02, eff. Acts 2013, 83rd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 47, eff. 4, eff. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 324 (S.B. September 1, 2007. 3, eff. Our state made it legal to carry a concealed weapon with a concealed weapon license years ago, a decision that is the subject of very little controversy here. (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (B) authorized to carry a weapon under Section 76.0051, Government Code; (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5) an honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. September 1, 2017. In some cases, unlawful possession of a firearm is considered a felony of the third degree. (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. (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). (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. 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. Felons are only allowed to possess firearms in their home, and they are not allowed to carry one on their person or in their vehicle. UNLAWFUL CARRYING WEAPONS. 273), Sec. 49, Sec. June 15, 2007. September 1, 2005. 2, eff. 814 (H.B. Texas Weapons and Firearm Laws – Visit the official website for the Texas Penal Code. Sec. Acts 2017, 85th Leg., R.S., Ch. Texas citizens are proud of their right to bear arms – it’s a right that many residents take seriously. Carry is allowed without a license if the firearm or club is in plain view from... `` Location-restricted knife '' means a knife with a severe punishment generally a Class a.... 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