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(b) Unlawful possession of a firearm in the first degree is a class B felony punishable according to chapter 9A. Unlawful possession of a firearm is a serious gun.A conviction can result in prison time, steep fines and loss of your gun rights. The unlawful possession of a firearm (excluding a handgun) or firearm ammunition is a Class A misdemeanor. Unlawful storing, keeping, or possessing of machine gun, military firearm, or sawed-off shotgun or rifle. No person may be convicted of unlawful possession of a firearm unless the State has proved beyond a reasonable doubt each element of the crime. According to Texas Penal Code 12. Under 18 U.S.C. § 922 (g) there are nine categories of prohibited persons. Once the 5 year period mentioned above has expired, a felon can possess a firearm ONLY where that person lives. Texas Penal Code 46.