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Texas Felon in Possession of a Firearm Defense Lawyers
Under Texas Penal Code §46.04(a), a person who has been convicted of a felony commits an offense if they possess a firearm before the fifth anniversary of their release from confinement, community supervision (probation), or parole (whichever date is later). After the five-year period, the person may possess a firearm but only at their premises (home, fixed place of business, or vehicle). This is a third-degree felony carrying 2 to 10 years in prison.
What makes felon-in-possession cases particularly dangerous is the possibility of federal prosecution. Under 18 U.S.C. §922(g), it is a federal crime for any person convicted of a felony at any point in their life with no time limitation to possess a firearm or ammunition. Federal penalties include up to 15 years in federal prison, and if the defendant has three or more prior convictions for violent felonies or drug offenses, the Armed Career Criminal Act (ACCA) imposes a mandatory minimum of 15 years.
Who Is a “Prohibited Person” Under Texas Law?
Under §46.04, the following individuals are prohibited from possessing firearms:
- Convicted felons — within 5 years of release from confinement, supervision, or parole (any felony conviction)
- After the 5-year period, former felons may possess a firearm only at their premises (home, vehicle, or fixed place of business)
- Persons convicted of family violence assault — prohibited under a separate provision (§46.04(b)) discussed on our Family Violence Firearm Prohibition page
- Persons subject to active protective orders — prohibited under both state law and federal law
Critical: Many people do not realize they are prohibited persons. A felony DWI conviction (third or subsequent DWI) makes you a prohibited person. A state jail felony drug conviction makes you a prohibited person. Even a felony conviction from decades ago triggers the federal prohibition permanently, regardless of the five-year Texas restoration period.
The Home Defense Exception
After the five-year prohibition period expires, Texas law permits a former felon to possess a firearm at their premises which is defined as their home, their fixed place of business, or their vehicle. This means a former felon may keep a firearm at home for protection after five years. However:
- The firearm cannot be carried outside the premises so no concealed carry, no open carry, no carrying in public
- The federal prohibition has no such exception. Under 18 U.S.C. §922(g), the prohibition is permanent and applies everywhere, including the person’s home. This means a former felon who legally possesses a firearm at home under Texas law may still be prosecuted under federal law for that same possession
- The only way to fully restore federal firearm rights is through a presidential pardon or, in some cases, an expungement that completely eliminates the underlying conviction
Deandra Grant Law – Criminal & DWI Defense Helps Residents across Texas with Criminal Defense Matters – Including: Allen , Arlington, Belton, Cleburne, Collin County, Dallas, Denton, Fairview, Fort Worth, Frisco, Gainesville, Granbury, Hood County, Johnson County, Lewisville, Little Elm, McKinney, Park Cities, Parker County, Plano, Princeton, Richardson, Rockwall, Rowlett, Royse City, Southlake, Sunnyvale, The Colony, Waco, and Weatherford.
How These Cases Arise
Traffic Stops
The most common scenario: a person with a prior felony conviction is stopped for a traffic violation. The officer discovers a firearm in the vehicle during a consent search, a search incident to arrest, or a plain-view observation. The person may have believed they were legally allowed to have the firearm, particularly if the five-year Texas period had expired.
DWI Arrests
A person arrested for DWI who has a prior felony DWI conviction and a firearm in the vehicle faces both the new DWI charge and a felon-in-possession charge. This combination is extremely common in Collin County and throughout North Texas.
Domestic Disturbance Calls
Law enforcement responding to a domestic disturbance may discover firearms in the home. If any occupant has a prior felony conviction, they may be charged with felon in possession regardless of whose firearm it is.
Federal Task Force Operations
ATF and FBI task forces specifically target prohibited persons in possession of firearms. These cases are prosecuted federally to access the harsher mandatory minimums.
Defense Strategies
- Challenging the search. How was the firearm discovered? Doug challenges the legality of the traffic stop, the consent search, the search warrant, and any other basis for the search that produced the firearm. If the search was unlawful, the firearm is suppressed.
- Challenging “possession.” The defendant must have knowingly possessed the firearm. If the firearm belonged to another person in the vehicle or home, if the defendant did not know the firearm was present, or if the firearm was in a common area accessible to multiple people, constructive possession may not be established.
- Challenging the prior conviction. The prosecution must prove a valid prior felony conviction. Doug reviews the conviction records to determine whether the prior conviction qualifies, whether it was properly entered, and whether it may have been set aside, expunged, or reduced.
- The premises defense. If the five-year period has expired and the firearm was at the defendant’s premises, the state charge may not apply. This defense does not protect against federal prosecution, but it can defeat the state case.
- Federal vs. state strategy. Attorney James Lee Bright coordinates with Doug to manage the risk of federal adoption. In some cases, keeping the case in state court produces a significantly better outcome than allowing federal prosecution with its mandatory minimums.
- Mitigation documents the circumstances of possession, the defendant’s rehabilitation since the prior conviction, and the context that led to the firearm being present which could impact prosecutorial charging decisions and sentencing.
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Protect Your Rights — Contact Deandra Grant Law Today
If you or someone you love is facing firearm charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff defends clients against state firearms charges. For federal firearms cases, Attorney James Lee Bright provides experienced federal defense in the Northern and Eastern Districts of Texas. Our forensic credentials and 30+ years of experience give you a defense team equipped to handle any weapons charge.
If you’ve been arrested for a gun crime in Texas, don’t hesitate to take action. Contact Deandra Grant Law – Criminal & DWI Defense to schedule your free consultation and take the first step toward securing your rights and your future. Our Texas gun crime lawyers are here to provide you with the support, expertise, and legal representation you need during this challenging time.
Client Reviews
“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”
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