Houston Felon In Possession Attorney

An individual who has been convicted of a felony offense loses the right to own a firearm in Texas. Those who have been convicted of a Class A misdemeanor for domestic violence are under similar restrictions.

Texas Penal Code Section 46.04 makes it unlawful for “a person who has been convicted of a felony” to possess a firearm under the following circumstances:

  • Within five (5) years of the person’s release from confinement, community supervision, parole, or mandatory supervision; or
  • After the five (5) year period at any location other than where he or she lives.

In addition to convicted felons, people convicted under Penal Code Section 22.01 (Assault) involving a family member or member of their household and punishable by a Class A misdemeanor are also prohibited from possessing a firearm prior to their fifth anniversary of being released from conviction or community supervision.

Finally, Texas law prohibits people who are subject to a protective order or restraining order from possessing a firearm.


Convicted felons who are found to possess a firearm before the fifth anniversary of their release from confinement, community supervision, parole, or mandatory supervision or are found at any point to possess a firearm outside of their home can be charged with a 3rd-degree felony. In Texas, a third-degree felony can result in imprisonment in the Texas Department of Criminal Justice for up to ten (10) years and a fine not to exceed $10,000.

A person who possessions a firearm after a conviction for assault against a family member or after they have been issued a restraining order is subject to a Class A misdemeanor. If convicted of a Class A Misdemeanor, you could face a fine not to exceed $4,000 and a jail sentence of up to one (1) year.


If you are charged with illegally possessing a firearm due to having a prior felony conviction, you need a knowledgeable Houston attorney who can help fight the charges against you and get you the best possible outcome in your case. Some of the most common defenses involve:

  • Unlawful search and seizure
  • Lack of actual possession
  • Your rights of possession had been restored
  • Mistake of fact


If you are charged with unlawfully possessing a firearm, you need to act fast to preserve your rights. Do not wait until it is too late – you could risk your career, your family, and your freedom. Attorney James Alston is a former state and federal prosecutor that understands how the other side works. He will work hard to get your charges reduced or even dismissed. You need aggressive representation to beat serious weapons charges. Contact James Alston Law today for a consultation. He will explain your options and how to move forward on your case. Call 713.228.1400 to get your case started today.