Possession of a Firearm by a Felon Defense Lawyers Jeffrey Grass
Possession of a Firearm by a Felon
As a convicted felon, you may face many challenges and restrictions in your life. One of these areas concerns firearms, as state and federal laws impose restrictions on possession of a firearm by a convicted felon.
As a third-degree felony in the State of Texas, this offense can carry some very serious and potentially life-altering penalties. It is also a serious felony under federal law. Therefore, if you are facing state or federal weapons charges, it’s important to seek out an experienced defense lawyer who can work hard to defend you from these allegations.
At the Law Offices of Jeffrey C. Grass, our elite legal team represented clients throughout Dallas County, Collin County, and Denton County, including the cities of Dallas, Fort Worth, and Plano, Texas. We leverage our extensive experience and highly refined defense strategies, combined with our team of investigators and experts who can analyze and interpret evidence for your case.
If you or a loved one are accused of possession of a firearm by a felon, do not delay in seeking legal help! Contact the Law Offices of Jeffrey C. Grass and our team of top Texas criminal defense lawyers to arrange a free, confidential case consultation session by calling (972) 422-9999.
Common Questions and Concerns on Possession of a Firearm by a Felon in Collin County
Criminal defense lawyers with the Law Offices of Jeffrey C. Grass have worked with many clients who are accused of possessing a firearm following a felony conviction. Due to the seriousness of this accusation, it’s normal to feel frightened and concerned for your freedom and your future. But we believe that by addressing some of the most common questions, we can eliminate much of the uncertainty and confusion that can arise when you’re facing this type of charge.
The following is an overview of a few common questions on the topic of convicted felons and possession of a firearm.
What are the Rules for Owning a Weapon if You’re a Convicted Felon?
According to Texas law, a convicted felon is prohibited from possessing a firearm in any capacity for a minimum of five years from the conclusion of the felon’s prison term or parole. Once five years have elapsed from this date, a convicted felon may possess a firearm in their residence only for the purpose of self-protection.
But even after five years, it is not possible for a felon to possess a firearm outside of the home. For instance, a felon would be declined if he or she were to apply for a license to carry (which is required, even though Texas is now an “open carry” state.)
Notably, while Texas law does allow for a felon to possess a firearm at home after five years has elapsed following the conclusion of their sentence, this is not permissible under federal law. Currently, though, the federal policy is to defer to the state’s laws on this matter. Although it should be noted that it is technically possible for a felon to be pursued at a federal level.
How Does the Law Define Possession in Collin County and the state of Texas?
Texas courts have defined possession as the “actual care, custody, control or management” of an item. It is regarded as “a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.”
There are many “grey areas” in terms of possession. For instance, if you were visiting a neighbor’s home and a firearm was present in the home, the prosecutor would need to provide evidence of circumstances (in addition to evidence that the gun was present) that proves that you knowingly possessed the weapon.
What Does the Prosecutor Need to Prove to Get a Conviction?
In a case where an individual is charged with possession of a firearm by a felon, the prosecutor needs to prove that:
you were convicted of a felony;
you were in possession of a firearm;
this possession occurred outside of the home -or- within the home prior to the fifth anniversary of your release from prison, parole or another form of supervision.
Texas penal code also requires that the prosecutor proves that you were in voluntary possession of the firearm.
Can I Restore My Right to Possess a Firearm if I’m a Convicted Felon?
In the State of Texas, the only option for re-gaining your right to possess a firearm is to seek a full pardon from the Texas Governor’s Office.
Pardons are very rarely granted and the process tends to be long and expensive. But it is possible to pursue this avenue.
Notably, convicted felons are also prohibited from unlawfully possession metal or body armor (although this is a separate charge.)
What Are the Potential Penalties for Possession of a Firearm by a Convicted Felon?
If you are convicted of possession of a firearm by a convicted felon, you could face some serious prison time. This offense is often prosecuted as a third-degree felony, which carries a potential sentence of 2 to 10 years in prison and a fine of up to $10,000.
Contact Our Texas Weapons Defense Lawyers if You’re Accused of Possession of a Firearm by a Convicted Felon
The penalties for a felony charge like possession of a firearm by a felon hold the potential to affect you for the rest of your life. Those faced with serious criminal charges need aggressive representation. At the Law Offices of Jeffrey C. Grass, we stand ready to protect your rights using a highly strategic defense.
Led by Attorney Jeffrey Grass, who has been practicing since 1993, our firm serves clients across Dallas, Plano, and the surrounding region. Our law firm’s founder has an impressive resume, as he has served as a U.S. Navy Judge Advocate (JAG) and he was also named one of the Top 100 Lawyers by the National Trial Lawyers Association. He currently maintains an AV® Preeminent Peer Review Rating from Martindale-Hubbell®.
If you or a loved one are under investigation or have been arrested for charges of possession of a firearm by a felon, contact the Law Offices of Jeffrey C. Grass today to arrange fully confidential, no-cost case evaluation session. Just call (972) 422-9999.