Texas, Gun Friendly? Know The Law


In the state of Texas, felony offenses are punishable by incarceration terms that are supposed to be served in state jail or prison. Texas categorizes these felonies as 1st, 2nd, or 3rd Degree felonies. Those that are less serious are punishable by one year term. Capital felonies are punishable by death or a life sentence with no parole. This only applies when the prosecutor does not seek the death penalty and therefore the defendant will likely be sentenced to life imprisonment. An example of this type of offense is murder.

With a lawyer like Joseph Gagliardi of The Gagliardi Law Firm, PLLC representing the defendant, they’ll have every opportunity for a fair trial and, if the facts or the law support, the defendant might have a fantastic day in court.

Understanding Texas Criminal Classifications

Felony in the First Degree

First-degree felonies result in life imprisonment or five to 99 years imprisonment. This is along with the $10,000 fine. When someone commits sexual assault against a child, they are charged with first-degree felonies. This crime is more serious and demands more than 90 years life imprisonment.

Felony in the Second Degree

Second-degree felonies in Texas are punishable by two to 20 years in prison and a fine of $10,000. One example of such offenses is selling marijuana. Third-degree, on the other hand, are punishable by two to ten years imprisonment and a fine of $10,000. A good example of this crime is possession of firearms.

Felon In Possession of a Firearm

If a felon possesses firearms, the crime is considered a felony crime. This crime is punishable by a prison sentence, usually a one or three years penalty, which depends on the laws of certain states. The punishment is accompanied by criminal fines together with other disciplines. If you have committed this crime, you will be hindered from owning a firearm in the future.

Texas Gun RightsIn the state of Texas, under the penal code of 46.04(a), an individual convicted of a felony in the past and has been found to have possessed firearms is punished for this offense. This person must be supervised under community supervision, parole, and mandatory supervision in whichever date and location the person lives. Such crime is categorized as a third-degree felony crime.

The Texas code 46.04(b) states that if a person is convicted of Class A misdemeanor assault involving firearm possession before the fifth anniversary, the person has been punished for a Class A misdemeanor.

Under the same laws, a convicted felon due to possession of firearms is allowed to possess firearms in residence five years after the sentence was discharged. This means that the individual can own a gun or any other firearm after release from prison or parole. However, this does not apply to federal law because such an individual can still be convicted in federal law.

According to Texas courts, the term possession has been defined to mean the actual car, control, custody, or management of something. When someone possesses something, this person voluntarily controls something knowingly for sometime before terminating the control. However, for one to be convicted of unlawful possession of arms, the state must give proof that this person possessed a firearm after conviction and before the fifth anniversary of their release from prison, community supervision, or parole. The Texas penal code is also supposed to give evidence that the person defending themselves voluntarily possessed the firearm.

Restoring Your Right to Own a Firearm

Presently, there is only one way for a felony to regain their rights to possess firearms in Texas, and that is through full pardon. Usually, the office of the governor only issues a few pardons, and this is expensive. Nevertheless, the Texas state laws allow individuals the right to possess firearms again after five years of the sentence have elapsed. This is only applicable in the residence since the person has to own the gun for self-protection.

To sum, a felony conviction can be very serious with serious consequences. Not only will the convicted individual spend a lot of time in prisons, but also give a lot of fines. Also, some felonies can result in the loss of voting rights and the right to hold public office. For a felony of firearm possession, an individual is entitled to some year’s imprisonment and fines. However, after a period of time, the individual will regain their rights to own firearms, but this is restricted to residential self-protection.

If you need more information about the State of Texas and possession of firearms, Texas Penal code chapter 46 provides more information related to weapons carrying, selling, and buying. Moreover, section 46.04 discusses the unlawful possession of firearms, including its restrictions with felony convictions.