Sept. 1, 1985. (4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm. (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. Unlawful Possession of Firearm on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. 1049 (H.B. September 1, 2011. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. This Texas law prohibits those people, described in … (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 2110), Sec. September 1, 2019. 320, Sec. September 1, 2009. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 342, Sec. 1, eff. September 1, 2015. June 20, 1997; Acts 1997, 75th Leg., ch. 32, eff. January 1, 2016. TITLE 7. 686, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2007. September 1, 2015. CHAPTER 31. Acts 2011, 82nd Leg., R.S., Ch. 3, eff. 2, eff. 399, Sec. 1, eff. Sec. 23, Sec. Amended by Acts 1997, 75th Leg., ch. 1815), Sec. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. 83, Sec. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (2) for profit or any other form of remuneration. Acts 2005, 79th Leg., Ch. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. 921 (H.B. Amended by Acts 1995, 74th Leg., ch. (C) under the direct supervision of a parent or legal guardian of the person. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 46.11. Section 6.504 Sept. 1, 1994. Acts 2013, 83rd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. TITLE 10. 1143 (H.B. September 1, 2017. 4B.22, eff. Sec. (12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. In some cases, unlawful possession of a firearm is considered a felony of the third degree. (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; or. 15.003, eff. This section of the Penal Code explains when it is an offense for a person convicted of a felony to possess a firearm. Sec. 46.06 and amended by Acts 1993, 73rd Leg., ch. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. An offense under Subsection (a)(5) is a state jail felony. 693 (H.B. 814 (H.B. 437 (H.B. 1889), Sec. A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) 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 Under Texas Penal Code §§ 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. 1935), Sec. (e) An offense under Subsection (a) is a felony of the third degree. 795, Sec. 4, eff. After the five year period, a convicted … 399, Sec. 1143 (H.B. August 1, 2016. 26, 27, eff. (3) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law. Acts 2007, 80th Leg., R.S., Ch. 3.20, eff. 5. 47, eff. 1815), Sec. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 1060, Sec. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or. 3(2), eff. Acts 1973, 63rd Leg., p. 883, ch. 1889), Sec. 25, eff. (3) "Premises" means a building or a portion of a building. 1214 (H.B. This Texas law prohibits those people, described in … Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 46.07. There is also a conviction for unlawful possession of a firearm that results in a third-degree felony. 693 (H.B. 10.02, eff. 2, eff. 46.041. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. 24, eff. NOTE: The State law allowing convicted felons to possess firearms at their residence after 5 years from release from prison or probation conflicts with Federal Law. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; or. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. 900, Sec. 2.01, eff. 4, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Amended by Acts 1975, 64th Leg., p. 109, ch. 1.01, eff. January 1, 2016. 324 (S.B. Unlawful Possession of Firearm Texas Penal code 46.04 makes it illegal to possess a firearm at home or elsewhere within five years of release from felony community supervision, felony parole or felony confinement. 324 (S.B. Categories: Gun Crimes | Unlawful Possession of a Firearm | In January 2020, a federal court judge sentenced a gang member to 17 years in prison. 10, eff. (k) Section 46.02 does not apply to a person who carries a handgun if: (1) the person carries the handgun while: (A) evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or. 87 (S.B. 1, eff. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or. 1813), Sec. Subsection (g) sets out … 1261, Sec. (g) Except as provided by Subsection (g-1), an offense under this section is a felony of the third degree. 1416), Sec. (l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and (a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and (b)(6) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. 2.60, eff. September 1, 2013. In Texas, unlawful possession of a firearm will usually be considered a Class A misdemeanor. 852, Sec. Renumbered from Penal Code Sec. 15.005, eff. 79), Sec. 2730), Sec. 1, eff. 1177), Sec. 23.001(78), eff. 46.09 by Acts 1993, 73rd Leg., ch. 3, eff. 435), Sec. September 1, 2019. 4, eff. June 15, 2007. September 1, 2019. 1132), Sec. (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Acts 2019, 86th Leg., R.S., Ch. 2, eff. 45, eff. 4170), Sec. Acts 1973, 63rd Leg., p. 883, ch. 31.01. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (1) (a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1995. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. September 1, 2017. 900, Sec. 1071, Sec. Acts 2015, 84th Leg., R.S., Ch. 4, eff. This is generally a Class A misdemeanor in Texas although as explained below, it can become a third degree felony under certain circumstances. 1488), Sec. If it’s alleged that you have, you can be charged with unlawful possession of a firearm by a felon. Sept. 1, 1983. September 1, 2009. Under Texas Penal Code 31.03 (e) (4), theft of a firearm or possession of a stolen firearm is punishable as a State Jail Felony; the relevant Texas Penal code provision is the Theft statute. This is a third degree felony with punishment of … (2) "Amusement park" and "premises" have the meanings assigned by Section 46.035. 229, Sec. 1222 (H.B. 46, Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. HOAX BOMBS. 794 (S.B. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) 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 Unlawful Carrying and Gun Laws Article. As a … Possession of a Firearm by a Convicted Felon Charges in Texas. (C) a member of a criminal street gang, as defined by Section 71.01. 288 (H.B. 17, eff. Unlawfully carrying a firearm or club is a Class A misdemeanor: Unless the state's attorneys committed on "premises licensed to sell alcoholic beverages" which makes it a third degree felony. 1889), Sec. 405), Sec. 1234 (H.B. 1093 (H.B. Acts 2017, 85th Leg., R.S., Ch. 452, Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 749, Sec. Unlawful Possession of a Firearm or (“ UPF “) in Texas is a gun crime that applies to people who have been convicted of a felony, convicted of a family violence assault or under a family violence-type protective order. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Sept. 1, 1995. Acts 2007, 80th Leg., R.S., Ch. 10.04, eff. (b) An offense under this section is a Class A misdemeanor. 2300), Sec. ★ Unlawful possession of a firearm sentence: Add an external link to your content for free. 16, eff. September 1, 2017. 900, Sec. (18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. 1080 (H.B. (3) is punishable by confinement for one year or more in a penitentiary. Amended by Acts 1985, 69th Leg., ch. (d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. 2, 3, eff. 446), Sec. (f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense: (1) is designated by a law of this state as a felony; (2) contains all the elements of an offense designated by a law of this state as a felony; or. 1, eff. Unlawful possession of a firearm is generally punishable as a Class A misdemeanor, which comes with a presumptive sentence of up to one year in jail and / or fines not to exceed $4,000 (Tex. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. September 1, 2007. 3(2), eff. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Acts 2015, 84th Leg., R.S., Ch. 554), Sec. (g) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty. He pled guilty to several charges, including possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm … Sec. 4. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2009. (h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was: (1) an active judicial officer, as defined by Section 411.201, Government Code; or. 1815), Sec. Penal Code §12.21). 910), Sec. 836, Sec. 46.08. Texas Weapons and Firearm Laws – Visit the official website for the Texas Penal Code. 1, eff. 46.04. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). 976 (H.B. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or. Possession and Carrying of Firearms. Acts 2005, 79th Leg., Ch. (5) Unlawful possession of a firearm is a Class A misdemeanor. 1.01, eff. 3, eff. Section 1.07 1303), Sec. Sept. 1, 1994; Acts 1999, 76th Leg., ch. (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (2) left the firearm in a place to which the person knew or should have known the child would gain access. 342, Sec. 1, eff. Unlawful Possession of a Firearm. The license permits the concealed or open carrying of a handgun. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1969), Sec. 3, eff. Microsoft Edge. September 1, 2005. Texas culture may give high regard to an individual’s right to own a gun, but all good things have limits that have to be respected. 1, eff. 2.60, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Unlawful gun possession is a serious charge, one that comes with a severe punishment. Amended by Acts 1995, 74th Leg., ch. (2) the firearm or club is in plain view. 2584), Sec. September 1, 2015. 552, Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. 1199 (H.B. For more detailed codes research information, including annotations and citations, please visit Westlaw. (l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06. September 1, 2007. 5.01(a)(47), eff. Our weapons allow us to protect ourselves, our homes and properties, and most importantly, our families. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 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