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Unlawful Possession of a Firearm

While Texas is generally viewed as having some of the least restrictive gun laws in the nation, state law does prohibit certain individuals from possessing firearms. When an alleged offender has been convicted of a misdemeanor family violence offense or any felony, that individual may be charged with unlawful possession of a firearm if he or she handles a handgun.

Unlawful possession of a firearm can be a misdemeanor or felony offense. Certain convictions can result in lengthy prison sentences and steep fines.

Attorney for Unlawful Possession of a Firearm in Plano, TX

If you were arrested anywhere in the greater Collin County area for alleged unlawful possession of a firearm, it is in your best interest to immediately retain legal counsel. The Law Offices of Richard C. McConathy aggressively defends clients accused of weapon and firearm offenses in McKinney, Plano, Allen, Frisco, and many surrounding areas of Collin County.

Richard McConathy and Brian Bolton are experienced criminal defense lawyers in Plano who can fight to possibly get your criminal charges reduced or dismissed. Call 469-304-3422 right now to have our attorneys provide a complete evaluation of your case during a free, confidential consultation.


Overview of Unlawful Possession of a Firearm in Collin County


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Unlawful Possession of a Firearm Penalties in Texas

Under Texas Penal Code § 46.04, alleged offenders commit a Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000 if they:

  • have been convicted of an assault offense punishable as a Class A misdemeanor involving a member of their family or household, possess a firearm before the fifth anniversary of the later of the date of their release from confinement following conviction of the misdemeanor or the date of their release from community supervision following conviction of the misdemeanor; or
  • other than peace officers actively engaged in employment as sworn, full-time paid employees of a state agency or political subdivision, are subject to a protective order and possess a firearm after receiving notice of the order and before expiration of the order.

Unlawful possession of a firearm is a third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if an alleged offender possesses a firearm:

  • after conviction and before the fifth anniversary of his or her release from confinement following conviction of the felony or his or her release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
  • after the period described above, at any location other than the premises at which he or she lives.

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Possession of a Prohibited Weapon Penalties in Collin County

Texas Penal Code § 46.05 also makes it a third-degree felony for an alleged offender to intentionally or knowingly possess, manufacture, transport, repair, or sell any of the following types of guns or items related to firearms, unless it is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:

  • an explosive weapon;
  • a machine gun;
  • a short-barrel firearm; or
  • a firearm silencer;

Under the same statues, people are also prohibited from intentionally or knowingly possessing, manufacturing, transporting, repairing, or selling any of the following:

  • knuckles;
  • armor-piercing ammunition;
  • a chemical dispensing device;
  • a zip gun; or
  • a tire deflation device.

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Texas Unlawful Possession of a Firearm Resources

License to Carry (LTC) FAQs | Texas Department of Public Safety (DPS) — Visit this section of the DPS website to read answers to some of the most frequently asked questions about firearms and handgun licenses. You can find information about eligibility, the application process, and training requirements. Sections also address reciprocity questions, administrative enforcement actions, and criminal history record concerns.

Texas Firearms Coalition — The Texas Firearms Coalition is dedicated to firearms education and advocacy. On this website, you can learn more about bills the organization supports and opposes in the Texas Legislature and read some of its editorials. You can also access and listen to a variety of Texas Firearms Coalition podcasts.


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The Law Offices of Richard C. McConathy | Plano Unlawful Possession of a Firearm Defense Lawyer

Were you recently arrested for alleged unlawful possession of a firearm in Collin County? Do not say anything to authorities without legal representation. Contact The Law Offices of Richard C. McConathy as soon as possible for help achieving the most favorable outcome to your case.

Plano criminal defense attorneys Richard McConathy and Brian Bolton represent individuals in communities throughout Collin County, including Frisco, Allen, Plano, McKinney, and many others. They can review your case and discuss all of your legal options as soon as you call 469-304-3422 or fill out an online contact form to schedule a free initial consultation.


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I was charged with DWI in Collin County, Texas. I heard that this is a tough place to get a DWI charge defeated. Fortunately, I hired Richard McConathy and Brian Bolton. They took it all the way and won my case. I owe these guys alot. Don't mess with any lawyer that can't compare with these guys. Thank you Richard and Brian.

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