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Texas Penal Code - Section 46.04. Unlawful Possession Of Firearm
Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 46.04. Unlawful Possession Of Firearm
§ 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person
who has been convicted of a felony commits an offense if he
possesses a firearm:
(1) after conviction and before the fifth anniversary
of the person's release from confinement following conviction of
the felony or the person's release from supervision under community
supervision, parole, or mandatory supervision, whichever date is
(2) after the period described by Subdivision (1), at
any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under
Section 22.01, punishable as a Class A misdemeanor and involving a
member of the person's family or household, commits an offense if
the person possesses a firearm before the fifth anniversary of the
(1) the date of the person's release from confinement
following conviction of the misdemeanor; or
(2) the date of the person's release from community
supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by
Section 1.07, actively engaged in employment as a sworn, full-time
paid employee of a state agency or political subdivision, who is
subject to an order issued under Section 6.504 or Chapter 85, Family
Code, under Article 17.292 or Chapter 7A, Code of Criminal
Procedure, or by another jurisdiction as provided by Chapter 88,
Family Code, commits an offense if the person possesses a firearm
after receiving notice of the order and before expiration of the
(d) In this section, "family," "household," and "member of a
household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (b) or (c) is a Class A
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 46.05 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by
Acts 2001, 77th Leg., ch. 23, § 2, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 836, § 4, eff. Sept. 1, 2003.
Section: Previous 43.251 43.26 43.27 46.01 46.02 46.03 46.035 46.04 46.041 46.05 46.06 46.07 46.08 46.09 46.10 Next
Last modified: August 11, 2007
The information I posted said one needs to contact the feds to ask for a pardon of a federal felony conviction or to contact the state to ask for a pardon for a state felony conviction. The feds still say that a person convicted of a state felony cannot possess a firearm. Often some people are not prosecuted even though they broke the ex-felon in possession of a firearm law. A sheriff does not have a law degree and is not an expert on legal issues. I would place a higher value on the legal opinion of a county prosecutor or a criminal defense attorney than a sheriff. I know men who have had a state felony conviction over 5 years ago then were arrested and charged with being a felon in possession of a firearm who were convicted of it and sentenced to prison for it. However if it was up to me everyone would get their guns back the day they got out of prison
I actually spoke to a lawyer friend of mine today and he said you could get a pardon from the governor of TX and the federal government would still red flag you if you try to buy a gun from a Licensed Gun Dealer..Feds rule over State Law..So I doubt you could buy one..But at gun shows alot of the sellers are not licensed so you can always pick up guns but still, you can't have one legally.. It sucks....
And this was about a regular felony, not a federal offense..
Yes the member i mentioned was a state felon,, not a federal felon!! The only time that the Federal law over rules state law is when the crime pertains to a Federal offense!!Firearm dealers are subject to Federal law!! My sheriff has been the Sheriff here for 24 years,, even though he is not a lawyer experiense with cases as such has taught him well about most laws!! Then i got a perspective from the FBI on this and they said that it is correct, the only jurisdiction they have is through Federal laws not state laws!! That is why there are state laws on this matter!! If the Federal government could over ride this im sure that the state wouldnt waist their time with such laws!! Think about it!! The state laws would follow the Federal law!! So,, in this case even a State felon can posses guns after 5 years off their judification!! If Texas Resistance had friends that were busted for firearms charges when they qualified for this they were either Federal felons or took those weapons off thier property or violated another law and had those weapons on them like maybe tranporting them in their vehicle,, felons cannot tranport firearms even in their vehicles!! Some think that their vehicle is their property and it is but it does not qualify under that law!! A good book to have around is Texas Gun Owners guide by Alan Korwin and George Lockwood! This book was written with the help of several attorny's, State and Federal and several experts in Law Enforcement so people would know the laws of Texas pertaining to guns!! Everything we have checked on in this book is fact!!
That can really mess up deer hunting season..And alot of other things too..
Here is an example of a man with a previous state felony conviction who was arrested by the feds for having ammunition in his home when it was over five years after his sentence and parole was completed. The sad part about it is that he thought the FBI agents were his buddies (LOL) and invited the FBI Agents into his home and they saw boxes of ammunition. The feds are out to bust all the militiamen they can.
A Hillsdale man investigated in recent months for allegedly making threats against President Barack Obama was convicted in 1997 for his role in the fatal shooting of a bodyguard for militia leader Mark Koernke, records show.
John Maurice Stephenson, 63, was arrested Wednesday on a federal criminal complaint charging him with possession of ammunition and body armor by a convicted felon.
Stephenson recently caught the attention of FBI and U.S. Secret Service agents after he made “violent threats” against the sheriff in Hillsdale County, President Obama and the U.S. government, according to affidavit supporting the complaint by FBI Special Agent Karly Wood.
Agents interviewed Stephenson on April 23 at a McDonald's in Hillsdale about those threats and “remarks he made indicating his association with members of the Hutaree militia group,” the affidavit says.
Investigators interviewed him again June 4, three days in advance of Obama's visit to Kalamazoo, to determine whether Stephenson posed a threat to the president, according to the affidavit.
The affidavit says agents met him in the driveway of his Hickory Lane home, he invited them in and they saw boxes containing a total of 600 rounds of ammunition.
Stephenson was prohibited from having the ammunition because of his role in the 1994 killing of William Gleason, who was a bodyguard for Mark Koernke of Webster Township.
Stephenson and Paul Darland killed Gleason in Hillsdale County because they thought Gleason was spying on them for Koernke, according to a June 16, 2000, article in The News-Sentinel in Fort Wayne. Stephenson and Darland were Koernke followers who had grown disillusioned with him, The Detroit Free Press reported in a Feb. 19, 1997 article.
Stephenson cut a deal with prosecutors and was sentenced in May 1998 to between three and five years in prison for accessory after the fact to a felony and a felony firearm conviction, records show. Darland, who the Free Press reported was the triggerman, remains in prison after being convicted of conspiracy to commit murder.
Agents searched Stephenson's home on June 18, seizing more than 2,000 rounds of ammunition and a "kevlar body-armor flak-jacket," the affidavit says.
It's unclear whether Stephenson has any affiliation with Hutaree. U.S. Magistrate Judge Hugh W. Brenneman Jr. ordered Stephenson to undergo a psychiatric evaluation, records show.
Nine members of Hutaree are awaiting trial after being indicted in March on charges including seditious conspiracy and attempting to use weapons of mass destruction. Five were ordered detained pending trial.
Among the allegations is that Hutaree members planned to kill a law enforcement officer and attack the funeral procession motorcade with homemade bombs.
We are talikin the state of Texas, Texas Resistance!! Not anywhere else! Other State laws are different and the Feds guildlines are not recognized in some states as it is here in Texas, Texas state laws superceide!!! Texas allows convicted felons to have their firearms on their properties or properties they are in controll of, this does not include vehicles! This includes management or renting the premisses they live on! The only guildlines in Texas are the ones stated in the law above!! The convicted Felon must be past the 5 years of judification and the Felony must be a Texas State conviction and not a Federal conviction! Federal Felons are under Federal guildlines not the State!
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. As far as I can see here, I see no exception to the exercise of this right. None whatsoever...no if's, and's or buts.
I don't live in Texas but I do know the Federal Laws on this issue. Minuteman is 100% correct & if one would read the post about Stephenson then anyone can see why he was targeted. He was not just a convicted felon but a convicted violent felon. Alot of states are like Texas & do allow the restoration of gun rights but the majority of those also have exclusions if it is a violent felony. This Stephenson guy does not seem to be a good argument for what has been debated in this thread. I mean, I am not for Obama but come on. The guy made threats toward him & also others. He made that first mistake. His second was inviting them inside. I may be wrong but I do believe his actions alone would cause that incident to fall under the Patriot Act. No matter how illegal the act is, it is still there & used extensively. Whether this guy was the triggerman or not, he was still convicted for his involvement in that crime. In my opinion & I only say it as mine, is that this man did not learn his lesson in prison for him to go out & make threats against POTUS & others. And I am only saying as an if. If he actually did, then he should not have guns. Or ammo. Also, some states do prohibit the possession of body armor as well as a felon. And some also include night vision devices & a whole list of other crap that is totally absurd. But I have to agree with other posts. If a person has not been convicted of a violent crime or one with a gun then they should not be punished for life with these restrictions. And the "Don't ask, don't tell" policy is what we should all do. If a person is a felon then it is at their own risk if they do possess a firearm. But one word of caution on that one. If the person is in your company & it can be assumed that you know of the felony & you allow that possession or if there is belief you gave or allowed the use of the firearm then you can be charged with "Disposition of a firearm to a convicted felon". I have a relative that this happened to. He was not even there & his wife bought a gun & had it in the home the very same day she bought it, before he came home from work. She knew he was a felon but did not understand the restrictions. A cop friend came over the same day, saw the gun & then waited for his return from work & arrested him. A few weeks later she was charged with disposition. They could have won at trial but they also took their kids until she made bond & then told her if she did not say he made her get it then they would convict both & take the kids for good. He was forced to take a plea for 5 years because they did not know their rights or the law. If they want you, they will get you, even if illegally. Especially when firearms are involved. So use caution if you do know of a felon within your group. That's where private property training is a must. Anyway that is just my input on the situation.
LOL Mr Light, I remember you and me and Ms Kari discussed this..............wasnt I the one who told yall about 46.04??
No sir Paul Douglas Gardner,, ive known about this law before we even moved here to Texas! I do remember discussing this with you though!! The reason i brought this to a discussion was because so many think that once a felon that this meant no guns allowed! There are a few states that this is an acception to the rule! Texas does allow convicted felons to have firearms on their properties for protection!! The only convicted felons that are not allowed possesion of firearms in Texas are Federal Felons!! They fall under federal guildlines and are held to those Laws!As long as a Texas State felon keeps the firearms on their property they are very legal to have them and shoot them as well! They must be past the 5 years of judification to be able to have them though! I begg all Americans to demand this to be changed though!! This is still not good enough to abrige those rights because someone goofs up in their life!! The only time that the law should have the ability to take firearms away from a citizen is when that citizen uses a firearm in the commission of a crime! Then and only then is it justified to remove the rights to have guns! The only thing that the laws do as of now is disarm people in the name of a felony period!! Now it doesnt even have to be a felony,, it can be a mistermeanor as well!
I totally agree with your accessment sir!! ,: )