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Texas Penal Code

§ 46.04 — UNLAWFUL POSSESSION OF FIREARM

PE § 46.04Title 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS · Ch. 46. WEAPONS

Statute text

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(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 later; or
(2)after the period described by Subdivision (1), at any location other than the premises at which the person lives. (a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft.
(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 later of:
(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.

Legislative history

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.24, eff. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.60, eff. January 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 24, eff. September 1, 2021.