Penal Code · §46.04

Unlawful Possession of Firearm by Felon

A person convicted of a felony may not possess a firearm before the 5th anniversary of release from confinement, supervision, or parole (whichever is later). After 5 years, possession is still unlawful anywhere other than the premises where the person lives.

To prove this offense, the State must establish each of the following elements: Convicted of a felony; Possesses a firearm; Before 5th anniversary of release from confinement/supervision (whichever later), OR; After 5 years, anywhere other than the premises where the person lives; 3rd degree felony.

The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Convicted of a felony
  • Possesses a firearm
  • Before 5th anniversary of release from confinement/supervision (whichever later), OR
  • After 5 years, anywhere other than the premises where the person lives
  • 3rd degree felony
Texas Law — Charge Details
3rd Degree Felony
Offense
Unlawful Possession of Firearm by Felon
Statute
Tex. Penal Code §46.04
Classification
3rd degree felony

A person convicted of a felony may not possess a firearm before the 5th anniversary of release from confinement, supervision, or parole (whichever is later). After 5 years, possession is still unlawful anywhere other than the premises where the person lives.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Family violence misdemeanor convictionClass A misdemeanor (5-year prohibition)§46.04(b)

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Worked examples

Worked example 1

Unlawful Possession of a Firearm by a Felon under §46.04(a) prohibits a person convicted of a felony from possessing a firearm:

  1. Forever, anywhere
  2. Before the 5th anniversary of release from confinement, supervision, or parole (whichever later); after that, anywhere other than the premises where the person lives Correct
  3. Only outside the home
  4. Only on school grounds
Why: A felon may not possess a firearm before the 5th anniversary of release from confinement OR community supervision/parole, whichever is later. After that 5-year period, possession remains unlawful anywhere other than the premises where the person lives. It is a 3rd degree felony.
Statute: Tex. Penal Code §46.04(a)
Worked example 2

A 25-year-old defendant, convicted of a felony 3 years ago and currently on parole, is found with a pistol on the back porch of the apartment where he lives. Charge?

  1. Unlawful Carrying of a Weapon — Class A misdemeanor
  2. Unlawful Possession of a Firearm by a Felon — 3rd degree felony Correct
  3. Prohibited Weapon — 3rd degree felony
  4. No offense — he is on his own premises
Why: A felon may not possess a firearm BEFORE the 5th anniversary of release from confinement, supervision, or parole — anywhere, including his own home. Only after 5 years can he possess a firearm at the premises where he lives. 3rd degree felony.
Statute: Tex. Penal Code §46.04(a)