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608 West 12th Street, Suite B Austin, TX 78701
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706 Rock St, Georgetown, TX 78626
512-369-3737
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Texas laws regarding convicted felons and firearms possession can be confusing. With state and federal laws conflicting on the matter, the guidance of an Austin criminal defense attorney can be useful when determining whether you’re eligible to possess a firearm with a felony conviction.
The Texas Penal Code, Sec. 46.04, describes situations that constitute an unlawful possession of a firearm. This code outlines the restrictions on gun possession for people with felony convictions. Under these state laws, a convicted felon can have a gun as long as these two statements are true:
This is a right you do not need to apply for—it’s automatic under state law. However, if you have a felony conviction on your record, it never hurts to consult a criminal defense attorney before purchasing a firearm to ensure you are eligible to. Again, this exception only applies to possession at home and does not allow convicted felons to open carry a gun or obtain a concealed carry license.
The restoration of full firearm rights for convicted felons in Texas is a multi-step process. Eligibility for the restoration of full firearm rights is determined by the Texas Board of Pardons and Paroles. The board reviews each application on a case-by-case basis, considering factors such as the nature of the offense, the individual’s criminal history since the conviction, and their rehabilitation efforts. If the board grants you full firearm rights, you can then legally possess a firearm like anyone else, according to Texas law.
While Texas law allows for certain exceptions regarding firearm possession for felons, federal law takes a stricter stance. Federal law permanently prohibits all convicted felons from owning firearms. This means that even if a felon’s firearm rights can be restored under Texas law, they may still be prohibited from possessing firearms under federal law.
In addition to felons, federal law prohibits several other categories of ex-convicts from owning firearms. These include fugitives from justice, those convicted of misdemeanor domestic violence, those who renounced their American citizenship, those dishonorably discharged from the armed forces, and individuals in the country illegally.
This said, courts have held that federal gun laws are not so resolute that they automatically override state laws. For this reason, many people follow Texas law and possess firearms according to exceptions without facing federal issues, however it’s not uncommon to be denied an attempted firearm purchase if a federal background check in run.
Felons caught with a firearm can face serious legal consequences. In Texas, felons caught in possession of a firearm can be charged with a 3rd degree felony, which can lead to penalties of up to ten years in prison and fines of up to $10,000. Federal penalties for felons in possession of firearms are even more severe. Under federal law, felons caught with a gun can be charged with unlawful possession of a firearm by a convicted felon, which carries a maximum penalty of ten more years in prison.
If you are facing a felony charge in Texas, it is crucial to understand that one of the consequences of a conviction is a loss of your gun ownership rights for a minimum of five years. Even after five years have passed following the completion of your sentence, your gun rights are highly limited, and you may still be putting yourself at risk of federal charges by possessing a gun. Our experienced criminal defense attorneys can help you fight back against your felony charges and protect your right to bear arms and other important rights you could lose upon conviction.
If you’ve already been charged with a felony and have questions about owning a gun, our lawyers can help address your concerns. Contact our office today to schedule a free consultation with one of our experienced criminal defense attorneys.
David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
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This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions