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Grasping Texas firearm laws can be daunting, especially firearm and weapons laws relating to felons. If you have a felony conviction and are wondering what weapons can a felon own in Texas, the answer is multifaceted, involving both state and federal regulations. In this article, we’ll clarify your concerns and offer the vital information you need.
Texas law, specifically Texas Penal Code Section 46.04, generally prohibits felons from owning weapons. However, there’s a narrow exception: if you’re a felon, you may legally possess a firearm in your home once five years have passed since your release from confinement, parole, or probation—whichever is later. This permission is strictly limited to your residence; possessing a weapon in public or outside your home remains illegal.
This exception only applies to firearms. Possessing other types of restricted items, like explosives or other dangerous materials, is still illegal. If you’re unsure about your rights, reaching out to a seasoned criminal defense attorney can provide the clarity you need.
While Texas law offers some leniency, federal law is much stricter. According to 18 U.S. Code § 922, felons are prohibited from owning or possessing firearms or ammunition. This regulation overrides state exceptions, so even if Texas law permits having a gun at home, you could still face prosecution under federal law. The penalties are severe, including long prison sentences and hefty fines. Knowing the interaction between state and national laws is essential for anyone considering weapon ownership.
Federal law provides very few exceptions for felons when it comes to firearm ownership. These might include circumstances like pardons, expungements, or the restoration of civil rights by the state where the conviction occurred. Even then, the renewal of these rights must be acknowledged by both state and federal authorities. For example, a full pardon from the Texas governor may restore some rights but doesn’t automatically clear federal restrictions.
In some cases, antique firearms—those made before 1899—are not considered firearms under federal law and may be owned by felons. Despite this, this area of law can be murky, so it’s important to seek advice from a skilled attorney to discern how these exceptions may affect your case.
The consequences for felons caught with prohibited weapons are severe. Under Texas Penal Code Section 46.05, possessing explosives or machine guns, for instance, is classified as a third-degree felony. This can result in 2 to 10 years in prison and fines up to $10,000. Additionally, there may be long-term implications, such as a criminal record that could impact future employment and civil rights. Federally, the penalties can be even harsher, with sentences of up to 10 years in prison and fines reaching $250,000, as outlined in 18 U.S. Code § 924. These stringent federal regulations can override state laws, leading to serious legal repercussions.
Restoring gun rights in Texas is possible, but it’s a complex process that requires legal intervention. This usually involves petitioning the court and might include seeking a pardon or other forms of relief from the state. Additionally, the process may require demonstrating rehabilitation and meeting specific criteria. Even if your state rights are restored, federal restrictions may still apply, which could affect your ability to legally possess firearms.
If you’re a felon living with someone who legally owns firearms, you need to be cautious. “Constructive possession” means you could be deemed to have access to those firearms even if they’re not yours. This requires careful planning, such as ensuring that firearms are stored securely and out of your control. Working with an expert attorney can help you override these risks and remain compliant with the law.
Being aware of the nuances of firearm laws as a felon is crucial to avoiding unintended legal consequences. If you or someone you know is dealing with these issues, contact the Law Office of David D. White, PLLC: Austin Criminal Lawyer and speak with an experienced Austin Criminal Defense Lawyer for compassionate and knowledgeable legal support.
Ask for an initial free consultation here.
The founder of the Law Office of David D. White, PLLC: Austin Criminal Lawyer, has been defending the rights of criminal defendants in Austin, Texas since 2008. We are a client-centered law firm where we fight to preserve the presumption of innocence on behalf of our clients in every criminal case we take. We believe that everyone is entitled to a fair trial and we strive to provide our clients with the best possible defense to ensure that this is true.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, David D. White who has more than 20 years of legal experience as an Austin Criminal Defense Lawyer.
608 West 12th Street, Suite B Austin, TX 78701
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