Unlawful Possession of Firearm - Texas Gang Investigators Association

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Unlawful Possession of Firearm

Penal Code

P.C. 46.04 - Unlawful Possession of Firearm

(a) A person who has been convicted of a felony commits an offense if he pos
sesses 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


(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.


(b) A person who has been convicted of an offense under Section 22.01, pun
ishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:

(1) the date of the person's release from confinement following conviction of the misdemeanor; or


(2) the date of the person's release from community supervision following conviction of the misdemeanor.


(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.

(d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.

(e) An offense under Subsection (a) is a
felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.

(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


(3) is punishable by confinement for one year or more in a penitentiary.


(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:

(1) is not designated by a law of this state as a felony; and


(2) does not contain all the elements of any offense designated by a law of this state as a felony.

 
 
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