Texas Codes

Tex. Penal Code § 46.04 (2026)

Unlawful Possession Of Firearm

✓ current as of May 2026

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Sec. 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 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.

(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 Subchapter A, Chapter 7B, 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 order.

(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 (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.

Notes of Decisions

Cited in 714 cases (180 in the last 5 years), 1993–2026 · leading case: United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017).

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United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). · cites it 22× “” Tex. Penal Code Ann. § 46.04 (a) (West 2009).”

Cuellar v. State, 70 S.W.3d 815 (Tex. Crim. App. 2002). · cites it 8× “[6] That "void-for-vagueness" doctrine does not apply to Tex. Penal Code § 46.04 (Unlawful Possession of Firearm by Felon) because that provision is unambiguous on its face regarding what conduct is prohibited (the possession of a firearm) and under what circumstances (when a…”

Tapps v. State, 294 S.W.3d 175 (Tex. Crim. App. 2009). · cites it 5× “Tex. Penal Code § 46.04 (emphasis added).”

Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008). · cites it 2× “commit[ted] the offense of unlawful possession of a firearm by a felon—3rd degree felony [ Tex. Penal Code Ann. §46.04 ],” App. to Pet.”

Jones v. State, 338 S.W.3d 725 (Tex. App. 2011). · cites it 4× “See Tex. Penal Code Ann. § 46.04 (a)(1), (e) (West Supp.”

Hubert v. State, 312 S.W.3d 554 (Tex. Crim. App. 2010). · cites it 2× “NOTES [1] TEX. PENAL CODE § 46.04. [2] U.S. CONST. amends.”

Tapps v. State Tex., 257 S.W.3d 438 (Tex. App. 2008). · cites it 4× “Tex. Penal Code Ann. § 46.04 (a) (West Supp.”

James v. State, 264 S.W.3d 215 (Tex. App. 2008). · cites it 2× “See Tex. Pen. Code Ann. § 46.04 (a)(1) (Vernon 2007).”

Bates v. State, 155 S.W.3d 212 (Tex. App. 2004). · cites it 2× “Tex. Pen.Code Ann. § 46.04(a)(1) (Vernon Supp.”

Coleman v. State, 188 S.W.3d 708 (Tex. App. 2006). · cites it 2× “See Tex. Pen.Code Ann. § 46.04(a)(1), (e) (Vernon Supp.”

Nguyen v. State, 54 S.W.3d 49 (Tex. App. 2001). · cites it 2× “Tex.Pen.Code Ann. § 46.04 (Vernon 1994). The law is *56 intended to prevent felons from being in possession of a firearm, but creates an exception that allows felons to possess a firearm five years after their release from prison or community supervision, and only at the…”

Belle v. State, 543 S.W.3d 871 (Tex. App. 2018). · cites it 3× “See *875 Tex. Penal Code § 46.04 (a)(2). The State introduced evidence the firearm was found in a pocket of the jacket appellant was wearing, while not at the premises at which he lived.”

Show all 714 citing cases →

— Tex. Penal Code § 46.04(a) — 168 cases

Cuellar v. State, 70 S.W.3d 815 (Tex. Crim. App. 2002). “[6] That "void-for-vagueness" doctrine does not apply to Tex. Penal Code § 46.04 (Unlawful Possession of Firearm by Felon) because that provision is unambiguous on its face regarding what conduct is prohibited (the possession of a firearm) and under what circumstances (when a…”

United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “” Tex. Penal Code Ann. § 46.04 (a) (West 2009).”

Oliva v. State, 548 S.W.3d 518 (Tex. Crim. App. 2018).

Yazdchi v. State, 428 S.W.3d 831 (Tex. Crim. App. 2014).

United States v. James Eli Huff, II, 370 F.3d 454 (5th Cir. 2004).

— Tex. Penal Code § 46.04(a)(1) — 125 cases

Tapps v. State, 294 S.W.3d 175 (Tex. Crim. App. 2009). “Tex. Penal Code § 46.04 (emphasis added).”

Jones v. State, 338 S.W.3d 725 (Tex. App. 2011). “See Tex. Penal Code Ann. § 46.04 (a)(1), (e) (West Supp.”

Bates v. State, 155 S.W.3d 212 (Tex. App. 2004). “Tex. Pen.Code Ann. § 46.04(a)(1) (Vernon Supp.”

Coleman v. State, 188 S.W.3d 708 (Tex. App. 2006). “See Tex. Pen.Code Ann. § 46.04(a)(1), (e) (Vernon Supp.”

Akbar v. State, 190 S.W.3d 119 (Tex. App. 2005).

— Tex. Penal Code § 46.04(a)(2) — 26 cases

Rollerson v. State, 196 S.W.3d 803 (Tex. App. 2006).

United States v. Kevin Massey, 849 F.3d 262 (5th Cir. 2017).

Michael Ray Reed, Jr. v. State (Tex. App. 2019).

Charles Wayne Nelson v. State (Tex. App. 2020).

Amir Ali Sharif v. the State of Texas (Tex. App. 2022).

— Tex. Penal Code § 46.04(b) — 3 cases

Hernandez v. State, 562 S.W.3d 500 (Tex. App. 2017).

Webb v. City of Dallas, 211 S.W.3d 808 (Tex. App. 2007).

James Ajike Aderinboye v. State (Tex. App. 2015).

— Tex. Penal Code § 46.04(b)(2) — 1 case

William Roman v. State, 571 S.W.3d 317 (Tex. App. 2018).

— Tex. Penal Code § 46.04(c) — 3 cases

Adam Mirelez v. the State of Texas (Tex. App. 2024).

Colby Skyler Guy Rideout v. Hallie Frazier Rideout (2026).

Rhoades, Dustin Ryan (Tex. App. 2015).

— Tex. Penal Code § 46.04(e) — 28 cases

Craig Albert Pruitt, Jr. v. State (Tex. App. 2015).

Geraline Gregory Lincoln v. State (Tex. App. 2015).

James Cunningham v. State (Tex. App. 2016).

Antoine Kirkwood v. the State of Texas (Tex. App. 2021).

Donnell Sledge v. the State of Texas (Tex. App. 2021).

— Tex. Penal Code § 46.04(f) — 3 cases

United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “” Tex. Penal Code Ann. § 46.04 (a) (West 2009).”

Vincent Ray Settles v. State (Tex. App. 2015).

— Tex. Penal Code § 46.04(f)(1) — 1 case

United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “” Tex. Penal Code Ann. § 46.04 (a) (West 2009).”

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