Texas Illegal Weapons Possession Penalties (2026)

Unlawful possession of firearms or weapons charges in Texas: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing illegal weapons possession charges in Texas, consult a licensed Texas criminal defense attorney.

Texas Illegal Weapons Possession Penalties

OffensePenalty
First Offense3rd degree felony: 2–10 years (felon in possession)
Second Offense2nd degree felony: 2–20 years (prior serious conviction)

TX Penal Code §46.04; unlawful possession by felon; 5-year waiting period after release

Illegal Weapons Possession Statute of Limitations in Texas

In Texas, the general statute of limitations for a felony is 3 years and for a misdemeanor is 2 years.

See all Texas statutes of limitations →

Defending Against Illegal Weapons Possession Charges in Texas

Common defenses in Texas illegal weapons possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Texas criminal defense attorney for advice.

Related Texas Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication