It’s a fact, gun charges can be frightening. Families may worry about the accused individual being wrapped up in criminal activity or at risk. If you are in this situation, concern is normal, but understanding the charges and the bail process can help you confidently navigate the serious choices to come.
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What Does “Felon in Possession of a Firearm” Mean in Texas?
Under Texas Penal Code §46.04 someone is a felon in possession of a firearm if they are a convicted felon who:
- Possesses a firearm before the 5th anniversary of release from confinement, parole, or supervision, or;
- Possesses a firearm outside of the home after that 5-year period has expired.
The charge is usually a third-degree felony in Texas, carrying penalties of 2 to 10 years in prison and fines up to $10,000.
Is Felon in Possession of a Firearm a State or Federal Charge?
It’s most often a state charge in Texas but can be bumped up to federal if the charge is tied to drug trafficking or gang activity, or if the charged individual is a repeat violent offender.
Federal authorities handle bail differently, but if someone is facing state charges River City Bail Bonds can help post bail.
How Bail Is Set After the Arrest
Step 1: Arrest and Booking
A person arrested is taken to the Bexar County Jail, fingerprinted, subjected to a criminal background check, and placed in detention to await a magistrate hearing.
Step 2: Magistrate Hearing
Magistrate hearings usually occur between 24 and 48 hours post-arrest. There, the magistrate calculates bail cost, assessing factors like:
- Criminal background (which plays a big role for this charge);
- Offense details;
- If the offense was violent;
- A person’s role in the community/flight risk.
Typical Bail Amounts for Felon in Possession in Bexar County
Bail amount depends on case specifics and the magistrate’s judgment. No two cases are the same, so there is no guaranteeing what a magistrate will set bail at. However, generally, bail for this charge falls between $10,000 and $50,000, skewing higher if:
- The charged person has a violent criminal record;
- The weapon was used in another crime;
- The person has active warrants out;
- The person is violating parole/probation.
What Bond Conditions Are Common?
A person out on bond for this charge may face conditions like:
- Prohibition from firearm/weapon possession;
- Restrictions on contact with alleged victims;
- Regular drug/alcohol testing;
- Location monitoring;
- Regular check-ins with the court.
People who violate bond conditions risk re-arrest and other legal and financial penalties.
Can Someone Get a Personal Bond?
There are three types of bonds for securing pre-trial release:
- Cash bond: The arrested party pays the full bail.
- Surety bond (bail bond): A bail bondsman covers bail in exchange for a non-returnable fee (usually 10 percent of bail).
- Personal recognizance bond: The accused is released at no cost (sometimes available for felons in possession of a firearm).
Personal bonds are more likely if someone:
- Has no recent violent criminal history;
- Has strong community ties;
- Holds a stable job.
What If the Person Was on Parole or Probation?
Parole/probation holds can prevent people arrested from leaving detention, even after posting bond.
In such cases, families should anticipate longer waits, and may want a bondsman to coordinate release with the court.
How Long Does Release Take After Bond Is Posted?
In Bexar County, processing ranges from a few hours to 24+ hours. Multiple charges, holds from other municipalities, and administrative police/court backlogs can increase processing times.
What Families Should Do Immediately After the Arrest
When your loved one has been arrested for this charge:
- Ask and confirm where they’re being held;
- Write down the booking number and charges;
- Ask about parole/probation;
- After you hang up, gather ID (name, birthdate, social, etc.) and other information about the arrested party and yourself.
This information helps you, and a bondsman, start working to bail someone out as fast as possible.
Frequently Asked Questions
Is felon in possession a violent charge?
Not automatically, but it can accompany violent charges.
Can bail be reduced?
Only through an attorney requesting a bond reduction hearing.
Will a person charged with this automatically go to prison?
No, case details and legal defense determine the likelihood of going to prison.
Can someone live at home after release?
Generally, but the court can decide otherwise.
When to Call a Bail Bondsman
If your loved one faces firearm-related charges in San Antonio or Bexar County, contacting a bondsman quickly can reduce stress and save time.
With a long local history, River City Bail Bonds’ experienced bondsmen know the system and the courts. We clearly explain costs and responsibilities, and help you navigate the complex bail process to post bond as fast as possible. Contact us today!
