Tex. Penal Code Section 46.04
Unlawful Possession of Firearm


Mentioned in

Texas Concealed Carry Gun Laws: CCW & Reciprocity Map

USCCA, September 1, 2021

“As of Sept. 1, 2021, permitless concealed carry and open carry is legal for anyone at least 21 years old who may lawfully possess a handgun.”
 
Bibliographic info

(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 (Definitions), 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 (Assault), 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.

(c)

A person, other than a peace officer, as defined by Section 1.07 (Definitions), 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 (Protective Orders) or Chapter 85 (Issuance of Protective Order), Family Code, under Article 17.292 (Magistrate’s Order for Emergency Protection) or Subchapter A, Chapter 7B (Protective Orders), Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88 (Uniform Interstate Enforcement of Protective Orders Act), Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.

(d)

In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71 (Definitions), Family Code.

(e)

An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor.

(f)

For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:

(1)

is designated by a law of this state as a felony;

(2)

contains all the elements of an offense designated by a law of this state as a felony; or

(3)

is punishable by confinement for one year or more in a penitentiary.

(g)

An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:

(1)

is not designated by a law of this state as a felony; and

(2)

does not contain all the elements of any offense designated by a law of this state as a felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 23, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 836, Sec. 4, eff. Sept. 1, 2003.
Amended by:
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.

Source: Section 46.04 — Unlawful Possession of Firearm, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­46.­htm#46.­04 (accessed May 25, 2024).

Accessed:
May 25, 2024

§ 46.04’s source at texas​.gov