San Antonio Unlawful Possession of a Firearm by Felon Attorney

Unlawful Possession of a Firearm

In the State of Texas, possession of a firearm is a criminal offense that is governed by Penal Code 46.04. This law makes it illegal for certain individuals to possess a firearm including felons, those who have been convicted of a crime involving family violence, and those who are subject to a protective order.

Felons who have been convicted of a crime punishable by imprisonment for a term exceeding one year are generally prohibited from possessing a firearm in Texas. However, there are some exceptions to this rule.

Possession of a Firearm with a Felony Conviction

If you have been convicted of a felony in any state or under federal law, you may not possess a firearm in Texas pursuant to the following rules:

• 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
• after the period described above, at any place other than where that person lives.

Possession of a Firearm with a Family Violence Conviction

If you have been convicted of a misdemeanor offense that involved the court making a finding of family violence in any state or under federal law, you may not possess a firearm in Texas before the fifth anniversary of the later of:

• the date of the person’s release from confinement following conviction of the misdemeanor; or
• the date of the person’s release from community supervision following conviction of the misdemeanor.

Possession of a Firearm While Subject to a Protective Order

If a court has issued a protective order preventing you from contacting a household or family member, you may not possess a firearm after receiving notice of the order and before expiration of the order.

Defenses to Unlawful Possession of a Firearm

There are several legal defenses that may be raised in response to a charge of possession of a firearm in the State of Texas. Some of the most common defenses include:

1. Lack of possession: In order to be found guilty of possession of a firearm, the prosecution must prove that the defendant had actual or constructive possession of the firearm. Actual possession means that the defendant had direct physical control over the firearm. Constructive possession means that the defendant had control over the area where the firearm was found, even if they did not have the firearm in their immediate physical possession. If the prosecution cannot prove that the defendant had possession of the firearm, they may not be found guilty of the offense.
2. Lack of knowledge: Another defense to possession of a firearm is lack of knowledge. If the defendant did not know that the firearm was present, they may not be found guilty of possession. For example, if the firearm was found in a car that the defendant was driving, but they did not know that it was there, they may be able to raise this defense.
3. Exemption: There are certain exemptions to the prohibition on possession of a firearm in Texas. For example, law enforcement officers and military personnel may be exempt from the prohibition on possession of a firearm. If the defendant falls within one of these exemptions, they may be able to raise this defense to the charge.

It is important to note that these are just a few examples of the legal defenses that may be raised in response to a charge of possession of a firearm in Texas. The specific defenses available will depend on the facts of the case and the applicable law.

Federal Law Considerations

In addition to the restrictions on possession of a firearm that are set forth in Texas state law, there are also federal laws that may impose additional restrictions on the possession of firearms. These federal laws apply throughout the United States and may impose stricter penalties for possession of a firearm in certain circumstances.

Under federal law, it is generally illegal for anyone who has been convicted of a crime punishable by imprisonment for a term exceeding one year, known as a “felony,” to possess a firearm or ammunition. This includes individuals who have been convicted of a state or federal felony, as well as those who have been dishonorably discharged from the military.

There are some exceptions to this rule, such as for law enforcement officers and individuals who have had their civil rights restored by the state in which they were convicted. However, for most felons, possession of a firearm is strictly prohibited under federal law.

In addition to the prohibition on possession of a firearm by felons, there are also federal laws that prohibit possession of a firearm by individuals who have been convicted of certain other crimes, such as domestic violence offenses, or who are subject to certain types of protective orders. These laws may impose additional restrictions on the possession of firearms beyond those that are set forth in state law.

It is important to be aware of both state and federal laws regarding possession of a firearm, as violating these laws can result in criminal charges and possible imprisonment.

Punishments for the Unlawful Possession of a Firearm

In the State of Texas, possession of a firearm after conviction of a crime involving family violence or while subject to a protective order is generally a Class A misdemeanor. Possession of a firearm by a felon is a third-degree felony. The punishment ranges for these offenses are as follows:

1. Class A misdemeanor: A Class A misdemeanor is punishable by up to one year in jail and a fine of up to $4,000.
2. Third-degree felony: A third-degree felony is punishable by up to ten years in prison and a fine of up to $10,000.

It is important to note that these are the maximum penalties for these offenses. The actual punishment imposed will depend on the specific circumstances of the case and the defendant’s criminal history. In addition to imprisonment and fines, a person convicted of possession of a firearm in Texas may also face other consequences, such as loss of the right to possess a firearm in the future and difficulty finding employment or housing.

If you have been charged with possession of a firearm in Texas, it is important to understand the potential consequences of a conviction and to consult with an attorney to discuss your legal options. An attorney can help you understand the charges against you and can work with you to develop a defense strategy.

Attorney Brad Thornton

If you have been arrested for possession of a firearm in San Antonio or South Texas, it is important to seek legal representation as soon as possible. An experienced and skilled criminal defense attorney can help you understand the charges against you and can work with you to develop a defense strategy.

One attorney you may want to consider is Brad Thornton, a board-certified criminal defense attorney who has years of experience representing clients in criminal cases. Mr. Thornton is a former chief prosecutor who has a unique perspective on criminal cases, having worked on both sides of the aisle. This experience gives him a deep understanding of the criminal justice system and allows him to effectively advocate on behalf of his clients.

If you choose to work with Mr. Thornton, he will provide a free consultation to discuss your case and help you understand your legal options. He will work with you to develop a personalized defense strategy and will aggressively defend your rights throughout the legal process.

Mr. Thornton is committed to providing high-quality legal representation to his clients and has a reputation for obtaining favorable outcomes in criminal cases. If you have been arrested for possession of a firearm in San Antonio or South Texas, it is advisable to contact Mr. Thornton for a free consultation to discuss your case and learn more about your legal options.