Possession of Weapon by a Felon
Texas has less restrictive laws regarding possession of firearms by felons than the federal government. Unfortunately, individuals must follow the more strict federal law which lays down a lifetime ban, with a few exceptions, to a convicted felon possessing a firearm.
If you are found in possession of a firearm illegally, call Law Office of Price & Wiggins, P.C. today. The consequences can be devastating when you are trying to clear up past offenses and move forward.
Defense Lawyer for Violation of Firearms Possession in Williamson County
Michael J. Price considers each gun crime case individually and devote the time and resources necessary to successfully represent clients. Call Law Office of Price & Wiggins, P.C. at (512) 354-1880 to schedule a first consultation. During this call, our attorneys will review your charges, past legal history, and the options for moving forward.
Michael has over two decades of experience defending clients in Round Rock, Cedar Park, Georgetown, Leander, Taylor, and Hutto. They can immediately begin working for you.
Information on Felon Firearm Possession Law
- Federal Law Restricting Firearm Possession by People with Felony Conviction
- Texas Law Restricting Felons from Possessing Guns
- Defenses to Firearm Possession
Under US Code Title 18 Section 922 (g), it is unlawful for any individual previously convicted of a felony or misdemeanor crime of domestic violence to ship, transport, or receive in interstate or foreign commerce, or possess any firearm or ammunition. The offense may be punished by a Class C felony with up to ten years in federal prison.
The statute applies to convicted felons for life. The federal government will only reinstate the right to own a firearm when a person’s civil rights are restored. This can occur through a pardon by the Governor. If you are completing a probationary period or community service for a deferred adjudication or dismissal of the charges of your felony, the judge may reinstate your civil rights.
Texas is less restrictive on those convicted of a felony in that gun rights are reinstated. It is best, however, to follow a conservative interpretation of the law.
Texas law reinstates the rights to possess a firearm for felons after the fifth anniversary of their completion of a prison sentence or the fifth anniversary of their completed of community supervision, parole, or mandatory supervision, whichever is later. Tex. Penal Code § 46.04(e) enforces a felony of the third degree for a violation of this section. The punishment for this offense is two to ten years in prison and a fine not to exceed $10,000.
Those individuals with a felony charge successfully served through deferred adjudication, not a conviction, are not convicted felons, and therefore maintain their firearm rights.
To find you guilty of firearm possession, the prosecution must prove you, previously convicted of a felony, were in possession of a firearm within the prohibited period before the fifth anniversary of your confinement term.
The practical definition of possession is quite large. Possession means actual care, custody, control, or management. The possession must be voluntary, but it is deemed such if a person possessed an item long enough that she could have terminated control.
The prosecution must show you had actual control over the item and you knew about the item in your possession. For example, you may raise a defense that you had control over a property that was shared between multiple parties, and the weapon was within the property without your knowledge. The prosecution would use circumstantial evidence to counter this claim.
A defense of necessity may apply if the firearm were used to avoid imminent harm. Necessity must also show that, in possessing a firearm, you prevented greater harm than the crime of possessing a firearm.
Georgetown Defense Attorney for Possession of Firearms with a Felony
In a state as proud of the Second Amendment as any in the country, it is especially frustrating for Texans to have their gun rights stripped of them. Illegal possession of a firearm, however, is never worth your freedom. If you find yourself accused of illegal possession of a firearm in Williamson County, contact the Georgetown criminal defense lawyers at Law Office of Price & Wiggins, P.C. to discuss your options.
Attorney Michael J. Price has experience with a wide range of felony cases including possession of a firearm in violation of federal and Texas law. Call (512) 354-1880 or submit an online contact form today to schedule your appointment if you are in Williamson County, Bell County, or any of the surrounding areas.