Texas Felon Gun Possession

 Texas Felon Gun Possession is third degree felony that has a penalty range of two to ten years in prison and a fine up to $10,000.  A person who has been convicted of a felony can’t possess a gun. If a person has more than one separate felony conviction the penalty range may be enhanced.

Key aspects of the Texas Felon Gun Possession:

1. Prior Felony Conviction: The individual must have a previous felony conviction on their record.
2. Possession of a Firearm: The offense involves the knowing possession of a firearm by a person with a felony conviction. Firearms encompass various types of weapons, including handguns, rifles, shotguns, and other firearms regulated under state and federal law.
3. Prohibited Possession: Texas law prohibits felons from possessing firearms, except in limited circumstances such as when their firearm rights have been restored under state or federal law.

Legal Defenses Against Charges of Possession of a Firearm by a Felon

Individuals facing charges of Texas felon gun possession may have several legal defenses available, depending on the circumstances of their case:

1. Lack of Knowledge: If the defendant was unaware of the presence of the firearm or mistakenly believed they were not prohibited from possessing it, they may argue lack of knowledge as a defense. This defense requires evidence demonstrating that the defendant did not knowingly possess the firearm or was unaware of their legal status as a felon.
2. Illegal Search and Seizure: Defendants may challenge the legality of the search or seizure that led to the discovery of the firearm. If law enforcement officers obtained the firearm through an illegal search or seizure in violation of the defendant’s Fourth Amendment rights, the evidence may be suppressed, leading to the dismissal of charges.
3. Factual Innocence: In some cases, defendants may assert factual innocence by claiming that they were not the actual possessor of the firearm or that the firearm belonged to someone else. This defense requires presenting evidence that undermines the prosecution’s case and establishes the defendant’s innocence.
4. Firearm Rights Restoration: If the defendant’s firearm rights have been restored under state or federal law, they may argue that their possession of the firearm was lawful. This defense typically requires demonstrating that the defendant’s rights were restored through a pardon, expungement, or other legal process.
5. Constitutional Challenges: Defendants may challenge the constitutionality of the law prohibiting felons from possessing firearms, arguing that it violates their Second Amendment rights or other constitutional protections. While such challenges may be difficult to succeed, they can raise important legal issues for consideration by the court.
6. Necessity: Depending on the facts a person may be able to argue it was necessary to have a gun if they were put in a situation where they must protect their life by possessing a gun. The necessity defense allows a person to break a law to prevent injury or loss of life.
7. Five Years Have Passed Since Release: If there is evidence five years have passed since the defendant was released from prison, probation, or parole supervision there is a legal defense. Sometimes there is confusion regarding the release date. If the evidence can be brough to the prosecutor’s attention they should dismiss. The defense can also be used in trial if the prosecutor’s evidence on this element is weak or confusing.

Conclusion

Possession of a firearm by a felon in Texas carries severe penalties and can have lasting consequences for individuals convicted of this offense. However, defendants facing such charges have legal defenses available to challenge the allegations against them and protect their rights. A person charged with possession of a firearm by a felon should hire an experienced criminal defense attorney