Felon in Possession of Firearm in Corpus Christi: Defending Your Freedom When Your Past Comes Back
For individuals with a prior felony conviction, the right to possess a firearm is taken away. In Texas and under federal law, a felon in possession of a firearm is a serious criminal offense that can result in years in prison, substantial fines, and the permanent loss of any hope of restoring your Second Amendment rights. In Corpus Christi and throughout the Coastal Bend, these cases are prosecuted aggressively by both state and federal authorities. A traffic stop, a domestic disturbance call, or even a routine parole visit can lead to felony charges that carry mandatory prison time. When your freedom and your future are on the line, you need a defense attorney who understands the complexities of felon-in-possession law and will fight to protect your rights.
At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with felon in possession of a firearm. Whether your case is in state court or federal court, we provide the aggressive, knowledgeable representation you need to protect your rights and your future. With extensive experience in both state and federal courts, we guide our clients through every stage of the defense process.
Understanding Felon in Possession in Texas
Under Texas law, possession of a firearm by a convicted felon is a criminal offense under Section 46.04 of the Texas Penal Code. The offense occurs when a person who has been convicted of a felony knowingly possesses a firearm.
Elements of the Offense
The state must prove that:
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You have been convicted of a felony
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You knowingly possessed a firearm
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The possession occurred after the felony conviction
Penalties
Felon in possession is a third-degree felony, punishable by:
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Two to ten years in prison
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A fine of up to $10,000
Federal Felon in Possession (18 U.S.C. § 922(g)(1))
Under federal law, the offense of felon in possession is governed by 18 U.S.C. § 922(g)(1). Federal law is broader and carries stiffer penalties than state law.
Elements of the Federal Offense
The federal government must prove that:
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You have been convicted of a felony
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You knowingly possessed a firearm
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The firearm traveled in interstate commerce (almost any firearm meets this element)
Federal Penalties
Felon in possession under federal law is punishable by:
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Up to ten years in federal prison
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A fine of up to $250,000
How Felon-in-Possession Charges Arise
Felon-in-possession charges typically arise in several contexts:
Traffic Stops
During a routine traffic stop, an officer may discover a firearm in the vehicle. If the driver is a convicted felon, charges may follow. In Corpus Christi, traffic stops on South Padre Island Drive, Staples Street, or Interstate 37 frequently lead to these discoveries.
Domestic Disturbances
When officers respond to a domestic disturbance call, they may discover firearms in the home. If a convicted felon is present, they may be charged.
Parole or Probation Searches
Individuals on parole or probation are subject to searches by their supervision officers. Discovery of a firearm can result in new charges and revocation of supervision.
Search Warrants
Law enforcement may execute search warrants on homes or vehicles based on tips or investigations. If firearms are found and a convicted felon resides at the location, charges may follow.
Gun Purchases
When a convicted felon attempts to purchase a firearm, the background check will be denied. In some cases, this can trigger an investigation and charges.
The Restoration of Rights Process in Texas
Under Texas law, a person convicted of a felony may have their firearm rights restored after five years if:
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They have completed their sentence, including any probation or parole
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They have not been convicted of any other felony
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The offense was not a violent offense or an offense involving drugs
If the application is granted, the person may possess firearms under state law. However, federal law still prohibits possession by convicted felons. This means that restoration under state law does not protect against federal prosecution.
Federal vs. State Prosecution
Felon-in-possession cases can be prosecuted in either state or federal court, and sometimes both:
State Prosecution
State charges are typically brought in Nueces County district court. State penalties are generally less severe than federal penalties, and state law provides a path to restoration of rights.
Federal Prosecution
Federal charges are brought in the United States District Court for the Southern District of Texas. Federal penalties are often more severe, and there is no restoration of rights under federal law. Federal prosecutors frequently pursue felon-in-possession cases when:
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The defendant has a significant criminal history
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The firearm was involved in other criminal activity
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The defendant is a member of a gang or criminal organization
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The case has interstate connections
Dual Prosecution
In some cases, both state and federal authorities may pursue charges. This is known as dual prosecution. Your attorney must defend against both sets of charges.
Defending Against Felon-in-Possession Charges
A strong defense can mean the difference between a conviction and an acquittal. Common defense strategies include:
Challenging the Felony Conviction
Your attorney may challenge whether the prior conviction actually qualifies as a felony. Defenses include:
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The prior conviction was not a felony (e.g., it was a misdemeanor that was improperly classified)
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The prior conviction has been expunged or set aside
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Your rights have been restored under Texas law
Challenging Knowledge or Possession
The state must prove that you knowingly possessed the firearm. Defenses include:
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You did not know the firearm was present
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The firearm belonged to someone else
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You did not have control over the firearm
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The firearm was in a shared space and you had no knowledge of it
Challenging the Search
If the firearm was discovered during an illegal search, your attorney may file a motion to suppress. Defenses include:
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The officer lacked probable cause for the search
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The search exceeded the scope of any consent
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The traffic stop was unlawfully extended
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The search warrant was invalid
Constructive Possession
Possession does not require that the firearm be on your person. Constructive possession means having control over the firearm, even if it is not in your immediate possession. Your attorney may argue that you did not have control over the firearm.
Innocent Possession
In rare cases, possession may be justified, such as when the firearm is discovered during a lawful search but the person had no choice but to possess it (e.g., finding a firearm and holding it to turn it over to police).
The Consequences of a Felon-in-Possession Conviction
A conviction for felon in possession carries severe consequences:
Criminal Penalties
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State: Two to ten years in prison
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Federal: Up to ten years in federal prison
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Fines: Up to $10,000 (state) or $250,000 (federal)
Loss of Firearm Rights
A conviction for felon in possession itself results in an additional prohibition on firearm possession. Even if you were eligible for restoration of rights before, a new conviction may reset the clock.
Enhanced Penalties
A felon-in-possession conviction can enhance penalties for future offenses, particularly under federal law.
Immigration Consequences
For non-citizens, a felon-in-possession conviction almost always results in deportation and permanent inadmissibility.
Professional Consequences
A conviction can affect employment, particularly in fields requiring security clearances or law enforcement certification.
Frequently Asked Questions About Felon in Possession
Can a convicted felon ever own a gun in Texas?
Under Texas law, a convicted felon may have their firearm rights restored after five years if they meet certain conditions. However, federal law still prohibits possession by convicted felons, so restoration under state law does not protect against federal prosecution.
What is the penalty for a felon in possession of a gun in Texas?
Felon in possession is a third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000.
What is the federal penalty for felon in possession?
Under federal law, felon in possession is punishable by up to ten years in federal prison.
What if the gun was not mine?
The offense is possession, not ownership. If you had control over the firearm—even if it belonged to someone else—you can be charged. However, lack of knowledge or control can be a defense.
Can I have a gun in my home if I am on parole?
It depends on the terms of your parole. Most parole conditions prohibit possession of firearms. Violating those conditions can result in revocation of parole.
How long does a felony conviction bar gun ownership?
Under federal law, a felony conviction results in a lifetime prohibition. There is no restoration of rights under federal law. Under Texas law, restoration may be available after five years.
What is the difference between state and federal felon in possession?
State law applies to possession in Texas and provides a potential path to restoration. Federal law applies nationwide and does not provide restoration. Federal penalties are generally more severe.
Can I get my gun back if it was seized?
If you are a convicted felon, you cannot legally possess the gun. The gun will not be returned. If your rights have been restored under Texas law, you may have a path to recovery, but federal law still prohibits possession.
What is constructive possession?
Constructive possession means having control over the firearm, even if it is not in your immediate possession. For example, a firearm in your bedroom or in your vehicle may be considered in your constructive possession.
Do I need an attorney for a felon-in-possession charge?
Yes. Felon in possession is a serious felony that can result in years in prison and the permanent loss of your Second Amendment rights. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.
Why Barton & Associates Is the Right Choice for Your Defense
Felon-in-possession charges are among the most serious firearm offenses in Texas and federal law. A conviction can result in years in prison, the permanent loss of your Second Amendment rights, and lasting consequences for your freedom and your future. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against these charges in both state and federal courts.
Our attorneys understand the nuances of felon-in-possession law, the differences between state and federal prosecution, and the strategies for challenging prior convictions, knowledge, and possession. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.
We also understand that many felon-in-possession cases arise from honest mistakes or technical violations. Our attorneys approach these cases with dedication, helping our clients navigate the legal system while protecting their rights, their freedom, and their future.
Protect Your Second Amendment Rights and Your Freedom Today
If you are charged with felon in possession of a firearm, your freedom and your Second Amendment rights are on the line. A conviction can result in years in prison and the permanent loss of your right to possess firearms. Do not wait. The decisions you make now will determine the outcome of your case.
Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.
Reach out today—let us help you defend against felon-in-possession charges and protect your rights.
Main Category: Criminal Defense Corpus Christi
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780
