THEFT OF FIREARM
Theft of Firearm in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “THEFT OF FIREARM” means
Texas Penal Code § 31.03 defines theft as unlawfully appropriating property with intent to deprive the owner of it. Appropriation is unlawful if it is without the owner's effective consent, or if the property is stolen and the actor appropriates it knowing it was stolen by another. This charge, under § 31.03(e)(4)(C), is the variant in which the property stolen is a firearm, which makes the offense a state jail felony regardless of the firearm's dollar value, an exception to the general rule grading theft by the value of the property. Texas Penal Code § 46.01 defines a firearm as any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use. The State must prove the ordinary theft elements plus the firearm allegation.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| State jail felony | 180 days to 2 years in a state jail | Fine up to $10,000 | Penal Code § 12.35 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for THEFT OF FIREARM in Texas
Across 20,614 Texas bail settings for this charge (97 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $7,500 (middle half: $3,500 – $15,000). 4% of defendants were released on a personal bond, and bail was denied in 1,440 cases. When this was the only charge at booking (2,179 records), the median was $7,500 and 9% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Travis | 1,342 | $7,500 | $5,000 – $10,000 | 17% | 3% |
| Tarrant | 1,181 | $3,000 | $1,500 – $6,000 | 5% | 3% |
| Grayson | 1,174 | $10,000 | $5,000 – $10,000 | 0% | 31% |
| Ector | 1,061 | $3,500 | $3,500 – $7,500 | 0% | 0% |
| Lubbock | 813 | $5,000 | $2,500 – $10,000 | 0% | 4% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
How real THEFT OF FIREARM cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
- THEFT PROP >=$100<$750 § 31.03(e)(2)(a)
- THEFT PROP <$2,500 2/MORE PREV CONV § 31.03(e)(4)(d)
- THEFT PROP >=$2,500<$30K § 31.03(e)(4)(a)
- THEFT PROP >=$750<$2,500 § 31.03(e)(3)
- THEFT PROP >=$30K<$150K § 31.03(e)(5)
- THEFT PROP <$100 W/PREV CONVIC § 31.03(e)(2)(b)
- THEFT OF MATERIAL ALUM/BRNZ/COPPER/BRASS <$20K § 31.03(e)(4)(f)
- THEFT FROM PERSON § 31.03(e)(4)(b)
Charged with THEFT OF FIREARM?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.