THEFT OF FIREARM

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.

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

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.

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.

• 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)