San Antonio Felon in Possession of a Firearm Charges: Your Guide to Legal Defense

Facing a Felon in Possession Charge in Texas: The Stakes Couldn’t Be Higher

In Texas, a state known for its strong stance on Second Amendment rights, the consequences for a convicted felon found in possession of a firearm or ammunition are among the most severe in the nation. A charge under Texas Penal Code § 46.04—”Unlawful Possession of a Firearm by Felon”—is not a simple misunderstanding; it is a serious felony that prosecutors pursue aggressively. At Barton & Associates, Attorneys at Law, we understand that individuals facing these charges are often people who have served their time and are trying to move forward, unaware of the permanent restrictions on their rights or caught in a complex situation. Whether you were living in a home where firearms were present, borrowed a vehicle containing a weapon, or handled a gun in what you believed was an emergency, the state sees no distinction—you are facing potentially devastating prison time and the permanent loss of your future.

The legal reality is harsh and unforgiving. Under both Texas and federal law (18 U.S.C. § 922(g)), it is a crime for any person convicted of a felony offense to knowingly possess any firearm or ammunition. This restriction is typically for life. A conviction can mean a return to state prison for years, the imposition of hefty fines, and the creation of a new felony record that slams shut doors to employment, housing, and stability. The charge alone can upend your life. However, with an immediate and strategic legal defense, these charges can be challenged, and your rights can be protected.

Understanding the Law: What the Prosecution Must Prove

To secure a conviction for Felon in Possession, the State of Texas must prove every element of the offense beyond a reasonable doubt. A skilled defense attorney attacks each of these pillars:

1. A Prior Final Felony Conviction: The state must prove you have been convicted of a felony offense. “Final” means all appeals have been exhausted or the time for filing an appeal has passed. Our defense scrutinizes the validity of the prior conviction and whether it legally qualifies under the statute.
2. Knowledge and Possession: You must have knowingly exercised actual care, custody, control, or management over a firearm. This is often the most contested element. “Possession” can be actual (on your person) or constructive (within your control, like in your home or car). We challenge whether you even knew the firearm was present or had the intent to control it.
3. Firearm or Ammunition: The item must meet the legal definition of a “firearm” (any device designed, made, or adapted to expel a projectile through a barrel by an explosive) or “ammunition.”

The prosecution’s case often hinges on circumstantial evidence and witness testimony. Our job is to create reasonable doubt at every turn, exposing weaknesses in their evidence and presenting a compelling alternative narrative.

The Severe Penalties of a Conviction

A charge under Texas Penal Code § 46.04 is generally a third-degree felony. The potential penalties are severe:

• Incarceration: 2 to 10 years in a Texas state prison.
• Fines: Up to $10,000.
• Extended Supervision: Potentially years of parole or community supervision after release.

However, if you have a prior felony conviction, the charge can be enhanced to a second-degree felony, carrying 2 to 20 years in prison. Furthermore, the same conduct can trigger parallel federal prosecution under 18 U.S.C. § 922(g), where penalties are often more severe and involve mandatory minimum sentences in the federal prison system.

The collateral consequences are lifelong:

• Permanent Loss of Gun Rights: A new conviction reaffirms and extends your prohibition from ever legally possessing firearms.
• Employment Barriers: A new felony record makes finding a job, especially in licensed professions (security, nursing, real estate), incredibly difficult.
• Housing & Benefits: You may be disqualified from public housing, student loans, and certain professional licenses.
• Family Law Impact: It can affect child custody determinations and visitation rights.
• Voting Rights: You will lose the right to vote while incarcerated and on parole.

Our Strategic Defense Approach to Felon in Possession Charges

At Barton & Associates, we deploy a meticulous, multi-faceted defense strategy tailored to the unique facts of your case. Our former prosecutorial experience gives us critical insight into how the state builds its case, allowing us to anticipate and counter their moves from the start.

1. Challenging the “Possession” Element: Constructive vs. Actual

Many cases turn on “constructive possession.” We aggressively argue that you did not have dominion or control over the firearm. Common defenses include:

• The firearm belonged to a roommate, family member, or spouse and was stored in a common area without your knowledge or control.
• You were a passenger in a vehicle where a firearm was found, and it belonged to the driver.
• You were unaware a firearm was present in a storage unit, closet, or bag.

2. Asserting Lack of Knowledge

The state must prove you knew you possessed a firearm. We present evidence that you were unaware of the weapon’s presence. This can involve witness testimony about who owned the gun, forensic evidence showing a lack of your fingerprints, or your immediate actions and statements at the time of discovery.

3. Investigating the Legality of the Search and Seizure

The Fourth Amendment is a powerful tool. If law enforcement discovered the firearm through an unlawful traffic stop, an invalid warrant, or by exceeding the scope of a consensual search, we file a Motion to Suppress Evidence. If the gun is suppressed, the state’s case often collapses, leading to dismissal.

4. Examining the Validity of the Underlying Felony Conviction

We scrutinize the prior felony conviction itself. Potential avenues include:

• Finality: Ensuring the conviction was truly “final” and not subject to appeal at the time of the new arrest.
• Type of Conviction: In Texas, certain felony convictions may be set aside for purposes of gun rights if you successfully completed a period of deferred adjudication community supervision and received a dismissal. The law in this area is complex and requires expert analysis.
• Out-of-State Convictions: We examine whether a prior conviction from another state qualifies as a “felony” under Texas law.

5. Exploring Emergency and Justification Defenses

In rare, narrow circumstances, Texas law may provide a defense if your possession was justified. We thoroughly investigate if your situation meets the strict legal criteria for:

• Emergency: Possession was in a life-threatening emergency where you took control of a firearm to protect yourself or others and immediately disposed of it or reported it to authorities once safe.
• Premises: You were on your own premises and the firearm was only a shotgun or hunting rifle, though this defense is extremely limited for felons.

Why Choosing Barton & Associates Makes a Critical Difference

When your freedom and future are on the line, you need an advocate with specific expertise, not just general criminal defense experience.

• Dual Jurisdiction Expertise: We have the rare capability to navigate both Texas state courts and the federal system. We understand the distinct strategies, procedures, and potential for dual prosecution, ensuring you are protected on all fronts.
• Trial-Tested Tenacity: We prepare every case for trial. This readiness gives us formidable leverage in negotiations and ensures we are prepared to fight for you before a jury if the state refuses a fair offer.
• Compassionate, Clear Counsel: We know you are more than your charges. We take the time to explain the process, answer your questions, and develop a defense that considers your entire life—not just the immediate case.

Take Immediate Action to Protect Your Future

If you are under investigation or have been arrested for felon in possession of a firearm, you must act immediately. Do not speak to police, detectives, or investigators without an attorney present. Anything you say can be misinterpreted and will be used against you. Politely state that you wish to remain silent and that you want an attorney.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. Our San Antonio weapon crimes defense team will begin building your defense from the moment you call, working tirelessly to protect your rights, your freedom, and your chance at a better future.

Main Category: Criminal Defense
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000