When someone is convicted of a felony, they may lose certain rights, including the right to vote and the right to possess firearms. There may be numerous reasons for these rules, which may include:
- The defendant committed a violent felony, especially if it involved a firearm
- Prohibition from future firearm ownership may theoretically prevent a repeat offense
- It may serve as a deterrent, keeping other individuals from committing felony offenses
There can be differences between the federal and state felony sentencing guidelines in addition to differences in loss of privileges, including loss of the right to own a firearm. It is also important to note that there can be differences in the definition of a firearm, for example, a handgun versus a flare gun. There can also be exceptions related to white collar felony offenses.
In the State of Texas, when an individual is a convicted felon who is caught with a gun, they may face serious consequences, including:
- A third-degree felony: A felon may face third-degree felony changes, which may lead to:
- Up to ten years in prison
- Criminal fines of up to $10,000
- Federal charges: A felon convicted of possessing a firearm may face harsher penalties under federal laws.
- Enhanced penalties: A convicted felon can face additional or enhanced penalties if they are convicted of multiple felonies.
- Additional charges: A convicted felon can face harsher penalties or additional charges if a firearm was used in the commission of another crime.
Texas allows convicted felons to possess firearms at their place of residence once five years have passed after they were released from confinement. The firearm, however, is not permitted to leave the individual’s property.
Federal laws, however, prohibited a convicted felon from possessing a firearm at any time or place. A local Texas attorney can help an individual understand the gun laws in Texas.
In addition, a defense lawyer can help an individual fight gun charges, if needed. An individual’s attorney may be able to have the charges against a felon reduced or dismissed, depending on the facts of the case.
What Is the Minimum Sentence for Felon in Possession of a Firearm?
In Texas, the minimum sentence for a felon in possession of a firearm is two years in prison. It is important to be aware, however, that this sentence may be longer, depending on the criminal record of the defendant as well as other factors.
Examples of factors that may affect the sentence a defendant faces can include, but are not limited to:
- Use of a firearm in a different crime: A defendant may face higher penalties or additional charges if a firearm is used during another crime.
- Prior convictions: A defendant with a conviction of a violent felony or a repeat offender may face harsher sentences.
- Federal laws: If federal law enforcement becomes involved in the case, a defendant may face harsher penalties.
The penalties that a defendant may face in Texas for being a felon in possession of a firearm include:
- Two to ten years in prison
- Criminal fines of up to $10,000
- Federal law charges, which can result in harsher penalties
If an individual has any questions about the penalties they may face for being a felon in possession of a firearm in Texas, it is very important to consult with an attorney.
Can a Felon Be Around a Person With a Gun?
Generally, felons are permitted to be around or associate with individuals who own firearms. This may be complicated, however, when the firearm itself is nearby or the individual who owns the firearm resides with the convicted felon.
In some situations, a convicted felon may be found guilty of constructive possession of a firearm. This may occur if the convicted felon was aware that the firearm was present in the residence or home and the felon had the opportunity to maintain control of the firearm.
It is important to be aware that the felony may also be found guilty of constructive possession without ever actually handling the firearm, such as if the weapon is in a vehicle. This may occur, for example, when an individual borrows a vehicle knowing that the vehicle contained a firearm or if they were riding in a vehicle that they knew contained a firearm.
There are also distinctions that can be made between a felon possessing a firearm and a felon owning a firearm. This may have a considerable effect on the felon’s criminal liability.
A felon being in possession of a firearm is typically considered to be a felony crime in and of itself. When an individual is found guilty of this offense, it may affect their ability to own a firearm in the future.
If an individual faces second or third offenses, they may face more severe criminal punishments, for example, longer prison sentences and higher criminal fines.
What Weapons Can a Felon Own To Protect Themselves?
Although individuals who are convicted of felonies cannot, in general, own firearms, they may be permitted to own other types of weapons for the protection of themselves and their homes. This is because a felon still has the right to protect themselves and their homes.
Examples of weapons that a felon may be permitted to own for their protection include:
- Knives with blades under a specified length
- Crossbows or bows and arrows
- Pellet guns
A convicted felon must still obey any restrictions or laws that are associated with these types of weapons. In addition, this ability to own certain weapons can also make it possible for a felon to have the ability to hunt.
Felons are not prohibited from owning firearms to take away their ability to defend themselves or hunt but, instead, to deter or prevent using a firearm when committing a future criminal offense. Texas law and federal law also allows felons to own antique firearms.
An antique firearm is a firearm that was manufactured prior to 1899 or is a modern replica that does not use rimfire or centerfire ammunition. Black powder guns and muzzleloaders are typically considered to be antique firearms.
It is important for individuals in Texas to remember that federal law, which overrides Texas state laws, prohibits felons from having firearms in their home. This means that, although a felon may not face charges in Texas, they may still be prosecuted under federal law.
An individual can consult with an attorney to determine whether their firearm would be considered an antique under state and federal laws.
Can a Felon’s Gun Rights Be Restored?
Yes, there are some situations in which a felon can have their gun rights restored. This may occur when the individual obtains a Texas expungement or has the conviction removed from their record.
It is important to be aware that this may be a lengthy and difficult process. A defendant may be required to wait several years following their conviction for an expungement as well as maintain a clean criminal record.
Because Texas state laws differ from federal laws, just as there may be differences in prosecution, there may also be differences in gun rights restoration. This means that even when an individual’s gun ownership rights are restored at the Texas state level, the defendant may still be prohibited from owning a firearm under federal law.
A Texas attorney can help a defendant better understand their gun restoration rights and how they will be affected by state and federal laws.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If you have any questions about a felon in possession of a firearm in Texas, it is important to consult with a Texas criminal lawyer. Whether you are a felon yourself or you are an individual considering residing with a felon or allowing them to use your vehicle, knowing what laws will apply can help avoid any charges or other legal issues.
If you are facing charges as a felon in possession of a firearm in Texas, your lawyer will represent you in court. Your Texas attorney may also be able to have the charges against you reduced or dismissed, depending on the facts of your case.
You can use LegalMatch.com to find a criminal attorney in your area for free who can help you with your firearm issue or charges. It only takes around 15 minutes to submit your question or concern online so you can receive lawyer responses from member lawyers near you in about 24 hours.
