What is the sentence for unlawfully possesion of firearm by a felon?

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What is the sentence for unlawfully possesion of firearm by a felon?

In TX I am being charged for unlawful possesion of a firearm by a felon. However the last felony was over 7 years ago.

Asked on April 14, 2011 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, here is the law:

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM BY FELON. (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.
(b) An offense under this section is a felony of the third degree.

And here is the punishment for breaking the law:

§ 12.34. THIRD DEGREE FELONY PUNISHMENT. 

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

It seems to matter where you posses the firearm in Texas (other that where you live) and hw long since your last offense.  I would get some help here.  You stand to go back to jail. 


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