Justin Wilson
Senior Attorney
Have the police in Dallas arrested you for possessing a firearm based on your status as a convicted felon? A prior felony conviction can significantly restrict your firearm rights. The law also imposes significant penalties on felons who violate the prohibitions on their possession of firearms. After an arrest, you need dedicated legal representation to protect your interests. Contact My Dallas Criminal Lawyer for an initial case evaluation with a weapons crimes defense lawyer to learn how our firm will fight to protect your rights, freedom, and future from the potential consequences of a conviction for possession of a firearm as a felon.
Table Of Contents
Do You Need a Criminal Defense Lawyer to Face Felon in Possession of Firearm Charges?
A felon in possession of a firearm defense attorney from My Dallas Criminal Lawyer can guide you through the criminal justice process and advocate for your rights and interests as you face charges for possessing a firearm as a felon by:
- Independently investigating your case to ensure we have all the evidence available
- Reviewing the facts to identify potential defenses or case strategies
- Helping you understand the nature of your charges and the potential outcomes of your case so you can make informed decisions about how to proceed with your case
- Fighting the prosecution’s charges at every opportunity, including moving to exclude evidence that police may have obtained by violating your rights
- Vigorously pursuing the best possible outcome for your case, even if that means taking your charges to trial
Why Choose an Attorney from My Dallas Criminal Lawyer?
After being arrested for possessing a firearm as a convicted felon, you need experienced legal guidance to pursue a favorable resolution to your criminal case. Choose the legal team at My Dallas Criminal Lawyer to advocate for your rights and interests because:
- Our firm has established a reputation for providing criminal defendants with comprehensive legal preparation, vigorous advocacy, and exceptional client service.
- We tailor our approach to each client’s specific case to meet their unique needs, concerns, and goals.
- At our firm, you will work directly with a knowledgeable criminal defense lawyer who will take the time to listen to your story, help you understand your charges and legal options, and develop a robust defense to help you pursue the best possible outcome under the circumstances.
- Our attorneys use their in-depth insights and litigation experience to protect your rights and interests in the criminal justice system.
Understanding Felon in Possession of Firearm Charges
Under Texas’s unlawful possession of a firearm statute, Section 46.04 of the Penal Code, a person previously convicted of a felony commits an offense if they:
- Possess a firearm prior to the fifth anniversary of their release from confinement or supervision
- Possess a firearm at any location other than their own residence after the fifth anniversary of their release
Possessing a firearm as a convicted felon constitutes a third-degree felony offense under Texas law.
The law further clarifies that an offense under Texas law, another state’s law, or federal law constitutes a felony if, at the time of commission, the offense:
- Is designated by Texas law as a felony
- Contains all the elements of an offense designated by Texas law as a felony, or
- Is punishable by incarceration for one year or more in a penitentiary
However, an offense does not qualify as a predicate felony if, at the time the person possesses a firearm, the offense:
- Is not designated by Texas law as a felony, and
- Does not contain all the elements of any offense designated by Texas law as a felony
Frequently Asked Questions About Felon in Possession of Firearm Charges
Common questions that people have about charges for possessing firearms as a felon include:
What penalties could I face for a conviction on felon in possession of firearm charges?
As a third-degree felony offense, a conviction for possessing a firearm as a felony carries a penalty of two to 10 years in prison and a potential fine of up to $10,000. A conviction will also add to your criminal record, potentially increasing the stigma of your felon status if you have multiple felony convictions. The increase in your criminal record can make it more challenging to pursue employment, housing, or educational opportunities.
What defenses might I have against a felon in possession of a firearm charge?
A person facing charges of possessing firearms as a felony may have various defenses against the prosecution’s case, such as:
- No Predicate Felony – A defendant may argue that they do not have a prior conviction that qualifies as a predicate felony disqualifying them from possessing a firearm under Texas law.
- Lack of Possession – Defendants may assert that the prosecution’s case fails to prove beyond a reasonable doubt that they had actual or constructive possession of a firearm.
- Lawful Possession – A felon who observes the required waiting period after their conviction can possess a firearm on their residential property. As a result, a defendant charged with possession of a firearm as a felon may argue they qualified for possessing firearms at home and did not possess a gun off their property.
- Unlawful Search and Seizure – Defendants may seek to have evidence of a firearm dismissed from their case by arguing that police found the gun in an unlawful search that violated the defendant’s rights.
An experienced defense attorney from My Dallas Criminal Lawyer can review the facts of your case to determine what defenses you might have available to you.
What should I do after an arrest on felon in possession of firearm charges?
Steps you should take after an arrest for possessing a firearm as a felon include:
- Confirm the charges that the police have arrested you for
- Invoke your right to remain silent
- Refrain from answering questions from the police or starting conversations with officers
- Request to speak to a criminal defense attorney as soon as possible
Contact Our Firm Today for Experienced Legal Advice and Advocacy
After getting arrested for possessing a firearm as a felon, you need experienced legal counsel who can help you pursue a favorable resolution to your charges. Call My Dallas Criminal Lawyer today at 214-949-4117 for a confidential consultation with a knowledgeable criminal defense lawyer to discuss your options for pursuing a favorable resolution to your criminal charges.
Last Updated: November 4, 2025
Collin County
August 2025
Acquitted
Driving While Intoxicated Jury Trial
Collin County
August 2025
Dismissed
Second-Degree Felony Sexual Assault of a Child
Ellis County
August 2025
Dismissed
Assault Causes Bodily Injury to a Family Member
Collin County
August 2025
Felony Reduced
State Jail Felony DWI with Child Reduced to Misdemeanor
Denton County
July 2025
NO-BILL
3 Counts of Manslaughter & 3 Counts of Aggravated Assault with a Deadly Weapon
Dallas County
June 2025
Dismissed
Second-Degree Felony Aggravated Assault with Deadly Weapon
Denton County
June 2025
Felony No-Billed & Motion to Revoke Withdrawn
State Jail Felony Injury to Elderly & Motion to Revoke Misdemeanor Probation
Dallas County
May 2025
Deferred Adjudication
Second-Degree Felony Aggravated Assault w/Deadly Weapon Reduced to Class A Misdemeanor Discharge of Firearm in Certain Municipalities
What Our Clients Say
Thomas A.
Justin Wilson and Justin Harris were amazing. Highly recommend them.
Lybbie
I trust Justin for any legal related questions and he certainly delivers. I recommend him 100% as he is committed to you from start to end- no matter the situation.
Cristal D.
Absolutely the best team you could ask for. From start to finish, the entire office was professional, compassionate, and truly dedicated. They made me feel heard, respected, and confident during one of the most stressful times of my life. Their communication was consistent, and you can tell they genuinely care about their clients and their outcomes.
If you’re looking for a lawyer who is sharp, honest, and will fight for you like it’s personal – this is the team you want on your side. I can’t thank them enough for everything they did. They truly are the best in the business.
Natalie M.
Justin Harris was an exceptional lawyer- he is hardworking and dedicated and will reach your needs and more.
He was reliable and professional in every way. He makes sure that you are not only heard but seen. When working with Justin- it gave me strong trust that he cared and that he is a man of his word.
Highly recommend this law firm. Justin and the team handled my case with the upmost care, always kind and professional, and let me know all the details every step of the way.
Prof. Carlos R.
My first impression with Justin and Heidi was that they are a first class law firm, very professional and very open to answering questions and making a person feel appreciated. I am glad I met both at Formation in Frisco Texas.
Alex C.
I have come to know Justin and his team through my practice as a civil lawyer, and Justin has always impressed me with the way he treats his clients, and his ability to clearly explain options. He works tirelessly to be prepared for all his cases, and always treats others with professionalism and respect.
Joshua J.
Justin is a super professional lawyer with positive results. I would refer Justin to any one who needs help with anything. Justin gets it done with positive results.
Yoker V.
I highly recommend Justin 100%, the total positive experience started the moment we first spoke. Justin is a complete and total professional and a highly skilled lawyer outside and especially inside the courtroom. My case had its challenges but Justin skillfully did his research and presented the court and jury a master class. At the end of trial the judge looked at prosecutor and said ” that’s how its done” YLV
Donna D.
Knowledgeable, patient, listened to what my situation needed. Impressed with my Attorney and his service.
Mukesh K.
I have absolutely no hesitation in declaring that Justin is one of the finest attorneys you will ever find to represent your case most effectively yet very ethically. He is extremely professional and very deliberate in his advice and charting the right course of action appropriate for the situation. I used him for a DUI case and cant stress enough how much trust he developed in me and got the best outcome possible for me by getting the case dismissed. Good luck to the reader. Go with Justin.