Texas Penal Code - Section 46.04. Unlawful Possession Of Firearm
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Texas Laws > Penal Code > Texas Penal Code - Section 46.04. Unlawful Possession Of Firearm
Section: 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
§ 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.
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Last modified: August 11, 2007