The Lone Star State allows its residents to be in possession of a gun, but individuals are not allowed to carry handguns and firearms into unlawful places. Anybody accused of having been in unlawful possession of a firearm while drinking should seek the help of a criminal defense attorney.Charges with unlawful possession of a firearm in Texas? Dallas defense attorney Mike Howard can help. Unlawful acts in Title 18 U.S. Code § 922 include: Sale to the out-of-state recipient, Title 18 U.S. Code § 922(b)(3) — Up to five years in prison. It is unlawful to knowingly possess or manufacture certain types of firearms. First, it is unlawful for a convicted felon to possess a firearm before the fifth anniversary of his or her release from jail. Read Section 46.02 - Unlawful Carrying Weapons, Tex. Pen. Code § 46.02, see flags on bad law, and search Casetext's comprehensive legal database. Texas Penal Code - PENAL § 46.02.