Section 46.04. of the Texas Penal Code makes it unlawful for anyone convicted of a felony to possess firearm under certain circumstances. A convicted felon may not possess firearm before the fifth anniversary of the conviction. This means that any convicted felon must wait until five years after the conviction before possessing firearm. Furthermore, a convicted felon may only possess firearm at his dwelling place and nowhere else. The violation of this provision is a felony of the third degree under the Texas Penal Code