Theft of a Firearm in Texas: When a Gun Charge Becomes a Felony

Texas takes gun ownership seriously, and it takes gun theft just as seriously. Most theft charges in Texas are graded by the dollar value of what was taken. Steal a firearm, and the value stops mattering: the charge is a felony from the first moment, even if the gun is old, damaged, or worth less than a tank of gas.

If you have been arrested or contacted about a stolen firearm: do not explain, do not consent to a search of your phone or car, and do not talk to investigators without a lawyer. Kent Starr defends theft charges and weapons charges in McKinney and across Collin County, and he takes the consultation himself. The consultation is free and confidential. Call (214) 982-1408.

What counts as theft under Texas law

Theft is defined in Texas Penal Code § 31.03. A person commits theft by unlawfully appropriating property with intent to deprive the owner of it. “Appropriate” means taking or exercising control over the property; “deprive” means withholding it permanently or for so long that the owner loses its value or use.

For most property, the grade of the charge follows the value ladder:

Value of property	Offense level	Range
Under $100	Class C misdemeanor	Fine up to $500
$100 to $750	Class B misdemeanor	Up to 180 days in jail
$750 to $2,500	Class A misdemeanor	Up to 1 year in jail
$2,500 to $30,000	State jail felony	180 days to 2 years
$30,000 to $150,000	Third-degree felony	2 to 10 years
$150,000 to $300,000	Second-degree felony	2 to 20 years
$300,000 or more	First-degree felony	5 to 99 years or life

When the property is a firearm, that ladder is bypassed.

Theft of a firearm is a state jail felony, full stop

Under § 31.03(e)(4)(C), theft of a firearm is a state jail felony regardless of the gun’s value. A state jail felony carries 180 days to 2 years in a state jail facility and a fine of up to $10,000.

The reasoning behind the rule is not hard to find: stolen guns move into other crimes, and the legislature decided a stolen firearm is a public safety problem no matter what it would fetch at a pawn shop.

A felony conviction also carries everything that comes with the label: the record, the background checks, and the loss of your own right to possess a firearm.

When the charge gets worse

The state jail felony is the floor, not the ceiling. Texas law raises the punishment in several situations, and the details matter:

• A deadly weapon was used or exhibited. Under Penal Code § 12.35(c)(1), if a deadly weapon was used or shown during the offense or while fleeing from it, the punishment rises to third-degree felony level, 2 to 10 years. And if the gun was used to threaten someone during the taking, prosecutors are no longer looking at theft at all; that is robbery or aggravated robbery territory, with far higher ranges.
• Certain prior convictions. Under § 12.35(c)(2), a prior conviction for certain serious felonies raises the punishment to third-degree level. Separately, under § 12.425, two prior state jail felony convictions raise it to third-degree level, and a sequence of two prior felony convictions of a more serious grade can raise it to second-degree level, 2 to 20 years.
• The stolen gun turns up in another crime. That does not automatically create a new charge against the person who stole it, but prosecutors treat it as an aggravating fact, and it shapes plea offers and sentencing arguments.

One situation worth naming, because it is common in Collin County: stealing a gun from a parked car. That is usually charged as two offenses together, burglary of a vehicle under Penal Code § 30.04, a Class A misdemeanor, and theft of a firearm, the state jail felony. Bills have been filed in Austin to raise vehicle burglary involving a firearm to a felony of its own, but as of 2026 none has become law, so the felony exposure in these cases still comes from the theft charge.

The federal side

Firearm theft can also draw federal attention. Under 18 U.S.C. § 922(j), possessing a stolen firearm, knowing or having reasonable cause to believe it was stolen, is a federal crime carrying up to 10 years. Stealing firearms from a licensed dealer is a separate federal offense with the same 10-year ceiling. Federal involvement is most common when guns cross state lines or connect to other criminal activity, and a case that starts with a Collin County detective can end up with the ATF. Kent handles federal charges as well as state ones, which matters when a case sits on that line.

How these charges get defended

• Intent. The State must prove you intended to deprive the owner of the firearm. A gun taken by mistake, borrowed with what you understood to be permission, or held with intent to return it is not theft.
• Knowledge. Receiving-type theft charges require proof that you knew or should have known the gun was stolen. Buying a firearm in a private sale without knowing its history is a defense, and how the State claims you should have known becomes the battleground.
• The search. Firearm theft cases often rise or fall on how the gun was found. If the stop, the search, or the warrant was defective, a motion to suppress can take the centerpiece of the State’s case off the table.
• The definition. Texas Penal Code § 46.01 defines what a firearm is. An item that does not meet the definition, certain antiques and replicas among them, puts the case back on the ordinary value ladder, which can mean a misdemeanor instead of a felony.
• The negotiation. Depending on the facts and the client’s history, these cases can sometimes resolve as a lesser theft charge, deferred adjudication, or another outcome that avoids a final felony conviction. None of that is automatic; it gets built.

Theft and firearm defense in McKinney and Collin County

Kent Starr has practiced criminal defense in Collin County and across North Texas since 1997, from his office in McKinney, the county seat, where Collin County felonies are presented to the grand jury and heard in the district courts. He is a solo lawyer: the person you talk to at the consultation is the person who reads the offense report, argues the motions, and tries the case if it comes to that. He is also a licensed bail bondsman, so one call can start the bond process and the defense together.

If you have been charged with theft of a firearm, or a detective has called about one, talk to a lawyer before you talk to anyone else. The consultation is free and confidential, and Kent takes it himself: (214) 982-1408. The Collin County criminal defense guide explains how a felony case moves through the courts here, and the first 48 hours guide covers what to do right after an arrest.

References

• Texas Penal Code § 31.03 (Theft)
• Texas Penal Code § 12.35 (State Jail Felony Punishment)
• Texas Penal Code § 12.425 (Penalties for Repeat and Habitual Felony Offenders on Trial for State Jail Felony)
• Texas Penal Code § 30.04 (Burglary of Vehicles)
• Texas Penal Code § 46.01 (Weapons Definitions)
• 18 U.S.C. § 922(j) (Possession of Stolen Firearm)