Prohibited Possession of a Weapon in Corpus Christi: Defending Your Second Amendment Rights When You Are Barred from Firearms
For many Texans, the right to own and carry a firearm is fundamental. But for individuals with certain criminal convictions or legal restrictions, that right is taken away. Prohibited possession of a weapon is a serious felony offense that can result in years in prison, substantial fines, and a permanent criminal record. In Corpus Christi and throughout the Coastal Bend, these cases are prosecuted aggressively. Whether you are a convicted felon, a person subject to a protective order, or someone with a prior family violence conviction, possession of a firearm can lead to federal and state charges that carry mandatory prison time. When your freedom and your Second Amendment rights are on the line, you need a defense attorney who understands the complexities of prohibited possession law and will fight to protect your rights.
At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Bend who are charged with prohibited possession of a weapon. 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 Prohibited Possession of a Weapon in Texas
Prohibited possession of a weapon is a criminal offense under Section 46.04 of the Texas Penal Code. The offense occurs when a person who is prohibited from possessing a firearm knowingly possesses a firearm.
Who Is Prohibited?
Under Texas law, a person is prohibited from possessing a firearm if they have been convicted of a felony. This prohibition applies even if the felony was not a violent offense. The prohibition is permanent under federal law, though Texas law provides a limited path to restoration after five years.
Additionally, a person is prohibited from possessing a firearm if:
- They are subject to a protective order that meets certain criteria
- They have been convicted of a misdemeanor family violence offense
- They have been adjudicated as mentally defective or committed to a mental institution
- They are unlawfully present in the United States
- They have been convicted of certain drug offenses
Penalties
Prohibited possession of a weapon is a third-degree felony, punishable by:
- Two to ten years in prison
- A fine of up to $10,000
Federal Prohibited Possession (18 U.S.C. § 922(g))
Under federal law, the offense of prohibited possession is governed by 18 U.S.C. § 922(g). The federal law is broader and carries stiffer penalties than state law.
Who Is Prohibited Under Federal Law?
Federal law prohibits the possession of firearms by:
- Convicted felons
- Fugitives from justice
- Unlawful users of controlled substances
- Persons adjudicated as mentally defective or committed to mental institutions
- Persons convicted of misdemeanor domestic violence
- Persons subject to certain protective orders
- Illegal aliens and non-immigrant aliens
- Persons dishonorably discharged from the military
- Persons who have renounced their citizenship
Federal Penalties
Possession of a firearm by a prohibited person under federal law is a felony punishable by:
- Up to 10 years in federal prison
- A fine of up to $250,000
The federal charge is often brought in addition to or instead of state charges.
How Prohibited Possession Charges Arise
Prohibited 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 or subject to a protective order, charges may follow.
Domestic Disturbances
When officers respond to a domestic disturbance, they may discover firearms in the home. If a person subject to a protective order or with a prior family violence conviction 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.
Protective Order Violations
If a person subject to a protective order is found in possession of a firearm, they face both a violation of the protective order and a prohibited possession charge.
Gun Purchases
When a prohibited person attempts to purchase a firearm, the background check will be denied. In some cases, this can trigger an investigation and charges.
Defending Against Prohibited Possession Charges
A strong defense can mean the difference between a conviction and an acquittal. Common defense strategies include:
Challenging the Prohibited Status
Your attorney may challenge whether you are actually prohibited from possessing firearms. Defenses include:
- The underlying conviction is not a felony (e.g., it was a misdemeanor that was improperly classified)
- The protective order does not meet the criteria for firearm prohibition
- The prior conviction has been expunged or set aside
- Your rights have been restored under Texas law
Challenging Knowledge or Possession
The state must prove that you knowingly possessed the firearm. Defenses include:
- You did not know the firearm was present
- The firearm belonged to someone else
- You did not have control over the firearm
- 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:
- The officer lacked probable cause for the search
- The search exceeded the scope of any consent
- The traffic stop was unlawfully extended
Restoration of Rights
Under Texas law, a person convicted of a felony may have their firearm rights restored after five years if:
- They have completed their sentence, including any probation
- They have not been convicted of any other felony
- The offense was not a violent or drug-related felony
Your attorney can help determine whether you are eligible for restoration of rights.
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 Restoration of Rights Process in Texas
Texas law provides a mechanism for certain convicted felons to have their firearm rights restored. Under Texas Government Code § 411.1711, a person convicted of a felony may apply for a restoration of rights if:
- At least five years have passed since the person completed their sentence, including any probation
- The person has not been convicted of any other felony
- 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, so the restoration does not protect against federal prosecution.
Federal vs. State Prosecution
Prohibited 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 prohibited possession cases, particularly when:
- The defendant has a significant criminal history
- The firearm was involved in other criminal activity
- The defendant is a member of a gang or criminal organization
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.
The Consequences of a Prohibited Possession Conviction
A conviction for prohibited possession carries severe consequences:
Criminal Penalties
- State: Two to ten years in prison
- Federal: Up to ten years in federal prison
- Fines: Up to $10,000 (state) or $250,000 (federal)
Loss of Firearm Rights
A conviction for prohibited 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 prohibited possession conviction can enhance penalties for future offenses, particularly under federal law.
Immigration Consequences
For non-citizens, a prohibited 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 Prohibited Possession of a Weapon
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?
Possession of a firearm by a felon 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, possession of a firearm by a felon is punishable by up to ten years in federal prison.
Can I own a gun if I have a misdemeanor family violence conviction?
No. Under federal law, a conviction for misdemeanor domestic violence results in a lifetime prohibition on firearm possession. This applies even if the conviction was for a minor offense.
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 probation?
It depends on the terms of your probation. Many probation conditions prohibit possession of firearms. Violating those conditions can result in revocation of probation.
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 prohibited 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 prohibited person, you cannot legally possess the gun. The gun will not be returned. If you are not prohibited, an attorney can help you seek its return.
Do I need an attorney for a prohibited possession charge?
Yes. Prohibited 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
Prohibited possession of a weapon 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 prohibited possession law, the differences between state and federal prosecution, and the strategies for challenging prohibited status, 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 prohibited 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 prohibited possession of a weapon, 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 prohibited 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
