A felon-with-a-gun case often looks simple from the outside. Police say they found a firearm. The client has a prior felony. End of story, right? Not so fast. In Austin, gun cases involving a prior felony conviction can become much more complicated than people expect. Some are filed in state court under Texas law. Others attract federal attention. Some turn on whether the gun was actually possessed at all. Others turn on where it was found, who else had access to it, or whether the search was lawful in the first place.
Texas law and federal law are not the same
This is where many people get into trouble. Under Texas Penal Code section 46.04, a person with a felony conviction cannot possess a firearm for a period of time after release from confinement or supervision. After five years, Texas law is narrower than many people realize: state law generally permits possession only at the premises where the person lives.
Federal law is broader. Under 18 U.S.C. § 922(g), a prior felony conviction can create a federal prohibition on possessing a firearm or even ammunition, and the current federal penalty provision allows up to 15 years in prison. In other words, a person may believe they are “legal under Texas law” when they are still exposed under federal law.
That is why a felon gun charge in Austin should never be analyzed only through the lens of state law. In some situations, what starts as a local arrest can raise federal concerns, especially when the case includes other alleged criminal activity, multiple weapons, or aggravating facts.
Possession is often the real fight
A firearm case is not always about ownership. The question is possession. Prosecutors still have to prove that the accused knowingly possessed the gun or ammunition. That becomes important in shared homes, borrowed vehicles, traffic stops with multiple occupants, or situations where a firearm is found in a place several people could access.
Maybe the gun was in the center console of a car the client did not own. Maybe it was in a bedroom used by multiple adults. Maybe it was in a bag, garage, or closet. Maybe the client was simply near it, but did not know it was there and did not control it.
These are not small details. In many gun cases, the defense is built around possession, knowledge, control, and the weakness of the government’s assumptions.
Common defense issues
Every case is different, but certain pressure points come up repeatedly.
One is the legality of the stop, search, or seizure. If police found the firearm after an unlawful stop or improper search, suppression issues may become central.
Another is constructive possession. The government may claim the client possessed the weapon even though it was not found on the person’s body. That kind of case often rises or falls on circumstantial facts, and those facts deserve close scrutiny.
Location can matter too. Under Texas law, the residence exception after the five-year period is narrower than many people think. “My house” is not always as simple as it sounds when the facts involve temporary living arrangements or shared residences.
The consequences go beyond the new charge
A felon gun charge can affect much more than potential prison time. It can change bond, probation or parole status, immigration consequences, employment, housing, and the way prosecutors view any related charges. If the case is filed federally, the stakes can rise quickly.
That is one reason rushed decisions are dangerous. People sometimes assume “the gun was not mine” ends the case. In reality, the case often turns on much more detailed legal and factual analysis.
The bottom line
Felon gun charges in Austin are not one-size-fits-all cases. The defense may involve state law, federal law, search issues, possession issues, and serious sentencing exposure. What looks obvious in the police report is often much less obvious once the facts are tested.
If you are facing a felon-in-possession allegation, do not assume the case is only about whether a gun was present. The real questions are who possessed it, who controlled it, where it was found, how it was discovered, and whether the government can actually prove the case it wants to file.
Our Defense Can Help
If you have been accused of being a felon in possession of a firearm in Austin, speak with a defense lawyer quickly. Early review of the search, the possession evidence, and the state-versus-federal exposure can make a major difference.
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