Minimum Sentence for a Felon in Possession of a Firearm in Texas

 Posted on January 22, 2026 in Criminal Defense

In Texas, gun laws are strict, and penalties are severe. This is especially true for convicted felons caught in possession of a firearm. Federal and state laws prohibit anyone convicted of a felony from owning or possessing a gun, and violations can result in serious prison time.

If you are a felon facing a firearm charge in 2026, it is important to understand the minimum sentences and what Texas law says about cases like yours. More importantly, you need an experienced Plano, TX criminal defense attorney who knows local judges and prosecutors to fight for your rights.

Texas Law on Felon in Possession of a Firearm

Under Texas Penal Code Section 46.04, it is illegal for someone convicted of a felony to possess a firearm. This law applies to anyone convicted of a crime that carries a potential prison sentence of one year or more.

According to Texas law, a felon may not possess a firearm at any time within five years of their release from confinement, parole, or probation. After that five-year period, a felon may only possess a firearm in their home, and not in public.

However, under federal law, it is illegal for a convicted felon to possess a firearm anywhere at any time, regardless of how long ago the conviction occurred. This means that even if Texas law allows for limited possession of a firearm in the home, the person could still be prosecuted under federal law.

What Does Possession of a Firearm Actually Mean?

Many people do not realize that you can be charged with possessing a firearm even if the gun is not in your hand or on your person. Texas law recognizes two types of possession: actual possession and constructive possession.

Actual possession means you have physical control of the firearm. This includes holding the gun, carrying it in your pocket, or having it in your waistband. Actual possession is straightforward and easy for prosecutors to prove.

Constructive possession is more complicated. You can be charged with constructive possession if the gun is in a place where you have control or access, even if you are not touching it. For example, if police find a gun in your car's glove box, under your bed, or in a shared living space where you have access, prosecutors may charge you with constructive possession.

The key factor is whether you knew the gun was there and whether you had the ability to control it. If you share a home with other people who own firearms legally, you could still face charges if prosecutors believe you had access to those guns. This makes constructive possession charges particularly difficult to defend against.

Minimum Sentencing for Felon in Possession of a Firearm in Texas

In Texas, the charge of unlawful possession of a firearm by a felon is classified as a third-degree felony. The penalties for a third-degree felony are serious and include:

• Two to 10 years in prison
• Fines of up to $10,000

This means that the minimum sentence for a felon found guilty of firearm possession in Texas is two years in prison. Additionally, the law mandates that the person's criminal record and any prior convictions can affect the length of the sentence. For repeat offenders or those with violent felony convictions, the sentence may be harsher.

Federal laws also impose strict penalties for felons in possession of a firearm. Under federal law, a felon convicted of possessing a firearm can face up to 10 years in federal prison. If the person has three or more prior convictions for violent felonies or serious drug offenses, they may face a minimum sentence of 15 years under the Armed Career Criminal Act (ACCA).

What Are Common Defenses to Felon in Possession Charges?

Not every arrest for unlawful possession of a firearm leads to a conviction. Several defenses may apply depending on the specific facts of your case.

Lack of Knowledge

If you did not know the firearm was present, you may have a defense to constructive possession charges. For example, if someone else placed a gun in your vehicle without your knowledge, you cannot be convicted of possessing it. The prosecution must prove you knew the gun was there.

Lack of Control

Even if you knew about the firearm, you may not have had control over it. If the gun belonged to someone else and you had no access to it, this can be a valid defense. For instance, if you live in a house where another person keeps a gun in their locked bedroom, you may argue you had no control over that weapon.

Illegal Search and Seizure

The Fourth Amendment protects you from unlawful searches and seizures. If police discovered the firearm through an illegal search, your attorney can file a motion to suppress that evidence. Without the gun as evidence, prosecutors may not be able to prove their case. Police must have probable cause or a valid warrant to search your home, car, or person.

Restoration of Rights

In some cases, a person's gun rights may have been restored through a pardon or other legal process. If you can prove your rights were legally restored, you may have a complete defense to the charges.

Can Gun Charges for Felons Be Reduced or Dismissed?

Yes, in some situations, charges can be reduced or dismissed entirely. At The Crowder Law Firm, P.C., we have won over 300 not-guilty verdicts or acquittals for our clients. Our attorney can negotiate with prosecutors to try to reduce the charge to a lesser offense with lighter penalties. If the evidence against you is weak or if police violated your constitutional rights, your lawyer may be able to get the charges dismissed before trial.

Prosecutors consider many factors when deciding whether to offer a plea deal or dismiss charges. These include:

• The strength of their evidence
• Whether you have prior convictions
• The circumstances of your arrest
• Whether the firearm was used in connection with another crime.

Having an excellent attorney early in your case gives you the best chance of getting a favorable outcome.

Why You Need an Attorney for Gun Crime Charges

The consequences of a conviction can change your life forever. You absolutely need to have strong legal representation. In addition to jail time, fines, and probation, you may have a hard time finding a job and a place to live in the future with a gun crime conviction. You could even face consequences in terms of your custody of your children. A Plano criminal defense attorney can help review the details of your case, challenge the evidence, and work to reduce or dismiss the charges.

Contact a Plano, TX Felony Gun Crimes Defense Attorney Today

If you are a felon facing firearm possession charges in Texas, take action now to protect your future. A conviction can lead to serious consequences, including prison and fines. At The Crowder Law Firm, P.C., our skilled Collin County, TX criminal defense lawyers have experience with gun crime charges.

We will work to build a strong defense on your behalf. Contact us today at 214-544-0061 to schedule a free consultation.